Issue Archive · Open Access
Volume VIII – Issue IV / 2025
Articles · 200
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Legal Orientations for Regulating the Negative Environmental Impacts of Artificial Intelligence in Vietnam
Student at Ha Noi Law University, Hanoi, VietnamPages 01 - 07In the context of the vigorous outbreak of the Fourth Industrial Revolution, artificial intelligence (AI) has emerged and is increasingly becoming a core technology, offering numerous groundbreaking benefits. In Vietnam, Resolution No. 52-NQ/TW dated September 27, 2019, of the Politburo, and Decision No. 127/QĐ-TTg of the Prime Minister both explicitly demonstrate the attention of the entire political system and the State to the development of the AI industry. However, alongside the rapid advancement of AI, its adverse impacts on the environment have become increasingly alarming. AI systems consume a vast amount of electricity and natural resources and produce significant levels of carbon emissions, thereby exacerbating global environmental challenges such as climate change, water pollution, and natural resource degradation. The environment, defined as the entirety of natural and man-made physical elements surrounding humans and living beings and directly affecting human life and production, is facing the risk of severe degradation and pollution. Therefore, researching and controlling the negative impacts of AI on environmental protection is not only urgent but also a prerequisite for ensuring the sustainable development of society as a whole. Nonetheless, the current legal framework governing AI remains inadequate and fails to keep pace with technological advancements, resulting in numerous regulatory gaps in managing and mitigating the adverse effects of AI on the environment. Accordingly, it is imperative to establish specific legislative orientations to develop a legal framework for controlling the negative impacts of AI on the environment in Vietnam.1,151 views -
The Impact of Divorce on Children: Ensuring Smooth Transition in Custody Arrangements
Associate Professor (on Deputation) at Institute of Management in Government, Regional Centre, Kochi, Kerala, IndiaPages 08 - 16Divorce, though sometimes a necessary conclusion to a marriage, invariably impacts all involved, especially the children. Following the legal dissolution of a marriage, child custody becomes paramount. Divorce initiates a complex transition for families, often resulting in emotional, behavioural, and intellectual challenges for children. These challenges are influenced by a combination of factors and can manifest differently depending on the child's age and maturity. In our country where family ties are strong and societal expectations are complex, understanding these impacts and prioritizing children's needs during custody arrangements is crucial. The paper addresses the primary factors that affect children's adjustment during divorce, including the intensity and duration of parental conflict, which can create a stressful and destabilizing environment. The multifaceted impacts of divorce on children, exploring the short-term and long-term consequences across various developmental stages are also examined in detail. It also considers the economic changes that frequently accompany divorce, such as decreased household income, which can affect a child's access to resources and opportunities. Furthermore, the article delves into the critical considerations for custody arrangements, emphasizing the importance of prioritizing the child's best interests above all other factors. The paper analyzes the potential benefits and drawbacks of different models of custody arrangements, considering factors such as the child's age, the parents' ability to co-operate, and the overall family dynamics. Ultimately, it advocates for custody arrangements that promote stability, security, and on-going relationships with both parents, to the extent possible. The article analyses the judicial considerations while evaluating an application for the custody of children. These factors include maintaining stable and supportive parent-child relationships, minimizing the child's exposure to parental conflict, and ensuring that adequate support systems including extended family, friends, and professional resources that are in place to help children navigate the challenges of divorce.1,085 views -
Narrating the Invisible: Chronic Illness, Ecology, and AI in The Invisible Kingdom and Sick
Assistant Professor of English at Dibrugarh University Institute of Engineering and Technology Assam, India & Ph.D. Research Scholar at Department of English, Dibrugarh University, Assam, IndiaPages 17 - 28This paper examines The Invisible Kingdom by Meghan O’Rourke and Sick: A Memoir by Porochista Khakpour as critical illness narratives that challenge dominant biomedical paradigms and contribute to evolving conversations in medical humanities, ecological theory, and artificial intelligence (AI) in healthcare. Both memoirs centre on chronic illness—primarily Lyme disease—highlighting the lived experience of patients whose symptoms are often invisible, misunderstood, or dismissed. Through the framework of medical humanities, these texts assert the importance of narrative in clinical contexts, exposing the limitations of reductive diagnostics and emphasizing the epistemological value of lived, embodied knowledge. Ecologically, the memoirs contextualize chronic illness within broader environmental and geopolitical crises. Khakpour, writing from a postcolonial perspective, links her illness to displacement, pollution, and systemic neglect, while O’Rourke interrogates how climate change and environmental degradation contribute to the rise of poorly understood diseases. Both authors suggest that chronic illness is not only a personal affliction but also a symptom of ecological and institutional breakdown. The paper further engages with the promises and limitations of AI in contemporary medicine. While algorithmic tools may enhance diagnostic capabilities, the memoirs critique their inability to account for the complexity of chronic illness and the importance of individualized care. Ultimately, these narratives call for a more integrative medical future—one that combines technological innovation with ecological awareness and humanistic understanding.1,146 views -
At first glance, the free transferability notion of the shares of a public company seems almost sacrosanct. But when examined against the backdrop of the Companies Act, 2013 (“the Act”), a murky and unsettled reality begins to surface. This paper delves into the legal and conceptual quagmire surrounding Section 58(2), a provision whose ambiguity has invited both conflicting judicial interpretations and contractual experimentation. Anchored in case laws ranging from Bajaj Auto to Messer Holdings and Riverdale, the authors’ analysis unpacks whether private arrangements like rights of first refusal, tag-along rights, and similar pre-emptive stipulations subvert or subtly reinforce the ideal of free transferability. The inquiry also traverses SEBI’s regulatory posture and the elusive construct of “sufficient cause.” What emerges is a legal terrain plagued by doctrinal uncertainty and an acute absence of statutory precision. This article argues that the aforementioned vacuum cannot be left to judicial osmosis alone. It advocates for deliberate legislative intervention to reconcile freedom of contract with the ethos of open markets, and to lend coherence to an area of law that remains, quite inexplicably, in a state of flux.1,083 views
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The Role of International Tribunals in Resolving Maritime Disputes
Student at Christ University, IndiaPages 36 - 47Maritime disputes persist as an ongoing diplomatic problem which combines various issues of sovereign powers with resource extraction freedoms and navigation guidelines as well as environmental preservation. The paper investigates how international tribunal courts manage complex international conflicts through law-based methods instead of political power struggles. The research examines institutional background along with jurisdictional boundaries as well as analytical methods and significant cases while examining tribunal efficiency and future possibilities to assess judicial bodies' influence on maritime dispute settlements. Maritime conflict resolution through international tribunals depends heavily on state recognition and combined diplomatic methods together with execution systems for their developed advanced methods of jurisdiction. The paper recommends strategic improvements for maritime dispute resolution in present day where oceanic areas and resources face growing competition.1,324 views -
The Relation between Drugs and Crime
Student at Lloyd Law College, IndiaPages 48 - 53The relationship between drugs and crime is both complex and deeply rooted in the socio-economic and psychological fabric of society. This issue is not just prevalent globally but also in India, where it manifests in various forms and affects individuals across different age groups and communities. Substance abuse is not a standalone problem; it impacts not just the individual user but also ripples through families, neighborhoods, and entire societies. Understanding this connection from a human perspective—rather than a purely legal one—is essential if we are to address it meaningfully. This paper aims to explore the social, psychological, economic, and legal dimensions of drug-related crime, using real-life examples and international models to argue for a shift from a punitive to a more rehabilitative approach.1,040 views -
Pages 54 - 60The judiciary plays a pivotal role in addressing food adulteration, particularly regarding the regulation of tobacco products in edible items. A significant case is the Hon’ble Supreme Court's review of the Food Safety Commissioner's ban on the manufacture and sale of gutkha and similar products in Tamil Nadu, imposed under the Food Safety and Standards Act of 2006. The notification aimed to protect public health by prohibiting the mixing of flavored tobacco with other foodstuffs, thereby preventing consumer harm. However, the subsequent ruling in Jaiswal Products vs. State of Tamil Nadu raised questions about the limits of executive power in enforcing such bans. The Division Bench of the Madras High Court expressed concerns regarding the legality of imposing long-term prohibitions on tobacco-infused products based solely on the provisions of the Act, thus quashing the Notification. This dialogue underscores the delicate balance between health protections and legal authority, highlighting the judiciary's essential role in scrutinizing government actions to ensure they remain within the scope of the laws set forth. Ultimately, the decisions reflect an ongoing discourse on regulatory limits and consumer rights in the context of food safety and public health.974 views
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Pages 61 - 66In 8:1 decision delivered on 23 October 2024, a nine‑judge Constitution Bench led by CJI D.Y. Chandrachud reversed the earlier interpretation in Synthetics & Chemicals (1990), broadening the scope of “intoxicating liquors” under Entry 8 of the State List to include industrial alcohol (including denatured and rectified spirits). The Court held that this broader definition enables state legislatures to regulate, licence, and levy fees—including on industrial alcohol—since it can potentially be converted into potable liquor, thereby impacting public health and state revenue The ruling emphasized harmonizing Entries 8 (State) and 52 (Union List), rejecting the notion that Parliament, via Section 18G of the Industries (Development and Regulation) Act, 1951, had an exclusive domain over industrial alcohol Justice Nagarathna dissented, arguing that industrial alcohol—being non‑potable—should remain under Union control and that the doctrine of occupied field applies under Union List Entry 52. The decision marks a pivotal shift in federal power dynamics, empowering states to curb the illicit conversion of industrial alcohol, bolster public health safeguards, and augment revenue through excise fees.1,389 views
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An Empirical Study on Administrative Failures in Managing Stampede Disasters in Chennai
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Chennai, IndiaPages 67 - 91In cities like Chennai, where sizable crowds are regularly drawn to religious, political, and cultural events, stampede disasters have become a major public safety concern. Even though stampedes can be avoided, repeated occurrences highlight serious administrative shortcomings in preparation, planning, and real-time management. The purpose of this study is to empirically examine the main administrative flaws that lead to stampede disasters in Chennai. Examining current disaster management frameworks, assessing how well they are being implemented, and making useful suggestions for enhancing public safety and administrative effectiveness during large-scale events are the primary goals. With a convenience sampling strategy and a sample size of 210 participants, the researchers used an empirical approach. Questionnaires, site visits, and secondary sources like reports, journals, and articles were used to gather data. The data was analyzed using statistical tools such as bar charts and chi-square tests. In addition to dependent variables like awareness, agreeability, major reason, most significant impact, effective regulation, and rating scale, the analysis is conducted for independent statistics such as gender, age, educational attainment, residence, and occupation. According to the study, stampede disasters are caused by a number of factors, including inadequate crowd control measures, a lack of real-time monitoring systems, outdated infrastructure, a lack of coordination between government agencies, and a lack of trained personnel deployment. For improved crowd monitoring, the study recommends implementing technology-driven strategies like drones, CCTV surveillance, and crowd simulation models. Centralized command systems, more stringent enforcement of safety regulations, and mandatory training for officials can all significantly improve administrative readiness. Future studies can concentrate on creating regional crowd control tools, incorporating international best practices like the UK's Green Guide and Japan's disaster models, and promoting increased public involvement in safety exercises.1,037 views -
Love Knows No Gender: Why India Must Legalise Same-Sex Marriage
Advocate at Delhi, IndiaPages 92 - 110In India, queer individuals stand at a bittersweet crossroads: free to love, yet forbidden to marry. While landmark judgments like Navtej Singh Johar and Puttaswamy have celebrated the ideals of autonomy, privacy, and identity, queer citizens remain legal strangers - excluded from marriage, adoption, and family rights. This exclusion is not a benign legislative delay but a direct affront to the Constitution’s promises of equality, liberty, dignity, and non-discrimination under Articles 14, 15, 19, and 21. The Supreme Court’s decision in Supriyo v. Union of India acknowledged queer love but offered symbolism without substance, recognition without remedy. This article contends that the denial of marriage equality is a grave constitutional violation, not a policy choice. Drawing on rigorous doctrinal analysis and international human rights standards under the ICCPR, it argues that marriage equality is a legal and moral imperative. Through proposed amendments to de-gender and democratize India’s marriage statutes, the article charts a clear path forward. More than a legal reform, this is a democratic reckoning - a test of whether India’s constitutional ethos can rise above social prejudice. A nation that prides itself on diversity cannot remain complicit in legally sanctioned exclusion. The Constitution demands more than passive recognition; it calls for transformative inclusion. History will remember whether the law merely observed queer love or truly upheld it. Marriage equality is not a distant goal - it is a constitutional necessity whose time has come.1,009 views -
Organized Crime and Globalization: Structural Evolution and Emerging Threats
Assistant Professor in Law at Baba Farid Law College, Faridkot, IndiaPages 111 - 120Globalization has significantly transformed the landscape of organized crime, introducing new complexities for law enforcement, policymakers, and scholars. This study examines how economic interdependence, technological advancements, and geopolitical instability have facilitated the rise and evolution of transnational criminal networks. Enhanced connectivity through trade, communication, and transportation has enabled criminal enterprises to exploit regulatory gaps and operate across borders with increasing sophistication and adaptability. Illicit activities such as drug trafficking, human smuggling, and cybercrime have expanded globally, often blending with legitimate economies through complex financial structures. Technological tools like the dark web and cryptocurrencies further challenge enforcement efforts. Political instability and weak governance provide fertile ground for organized crime to thrive. The paper underscores the urgent need for international cooperation, intelligence sharing, and robust legal frameworks to effectively counter the evolving dimensions of organized crime in the era of globalization.1,176 views -
Threads of Exploitation: The Silent Erosion of Indian Indigenous Art and Handloom Heritage Under Weak IP Protection
Student at Delhi Metropolitan Education, affiliated to Guru Gobind Singh Indraprastha University, Delhi, IndiaPages 121 - 131India’s indigenous art forms and handloom traditions, embodying centuries of cultural expression, face an alarming threat of exploitation under the weak intellectual property protection framework. Despite the existence of Geographical Indications (GI) laws, enforcement remains inadequate, allowing unauthorized commercial use of folk designs like Madhubani paintings, Knajeevaram Silks and Pattachitra by global brands. Traditional IP structures, built around individual authorship, fail to accommodate the collective ownership nature of indigenous creativity. As a result, artisans face economic marginalization, cultural dilution and the loss of intangible heritage. This paper critically examines these systemic gaps and highlights the urgent need for sui generis legal protections, stronger GI enforcement and internationally recognized frameworks through WIPO. By situating indigenous art protection at the nexus of intellectual property, cultural preservation and human rights , the research advocates for reforms that ensure rightful recognition and sustainable preservation of India’s artistic legacy.1,212 views -
Combating the Illegal Trade of Cultural Artifacts: A Technology-Driven Approach
Student at KIIT School of Law, IndiaPages 132 - 146The illegal trade of cultural property is a serious global issue, with stolen and illegally traded artifacts generating up to $10 billion annually (UNESCO, 2023). In India alone, over 1,000 cases of antiquities theft were reported between 2012 and 2022, with many of these artifacts being smuggled to international markets (ASI, 2023). Digital platforms like e-commerce websites and social media have made it easier to traffic cultural items across borders, worsening the problem. Although international agreements like the 1970 UNESCO Convention aim to address this issue, they have struggled to keep up with its growing scale and complexity, especially in today’s digital world. Our research looks into the factors responsible for the illegal trade of cultural artifacts and suggests strategies to prevent it. The focus is on the use of modern tools like blockchain to verify the origin of artifacts and artificial intelligence (AI) to identify and track stolen items. We also touch upon the role of online platforms in enabling trafficking, an area that has not received enough attention. The goal is to develop practical solutions that combine technology, international collaboration, and stronger regulations to safeguard cultural heritage. To achieve this, our study uses a mix of methods, including analysing trafficking trends from sources like INTERPOL, UNESCO, and India’s Archaeological Survey (ASI), also by taking insights from online expert interviews with museum professionals and law enforcement; and studying major artifact recovery cases, such as the Operation Pandora. What makes this research unique is its interdisciplinary approach, combining knowledge from fields like art history, technology, and criminology. By integrating tools like blockchain for tracking artifacts, AI for detecting theft, and improved regulation of online marketplaces, our study aims to provide innovative and practical ways to combat the illegal trade of cultural property.1,724 views -
Pages 147 - 182Child labour is a significant problem in India, especially in the tea plantations of Darjeeling, West Bengal. Despite the existence of protective laws such as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, and the Right to Education Act, 2009, numerous children continue to work under harsh conditions. This study explores the effectiveness of the implementation of these laws in the tea estates of Darjeeling. The paper further discusses contributions by governmental agencies, non-governmental organizations, and tea estate owners in overcoming the problem. Last but not the least, this study is restricted or look into only the existence of child labour in the tea estate of Darjeeling.1,127 views
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Data Colonialism and Indigenous Art: Why the World Needs a Centralized International Database
Student at Chanakya National Law University, Patna, IndiaPages 183 - 194AI now is efficient and can do multiple creative works that were earlier only possible by creative humans such poetry, music, story writing and the most popular Painting as we have seen during the infamous Ghibli trend in Instagram, where AI turned ordinary pictures into beautiful hand-drawn art. But what happens when these creative works are not just inspired by modern artists, but are trained on centuries-old indigenous artworks? Indigenous art forms like Aboriginal dot paintings, Native American beadwork, or Warli designs are not just only visual styles. They are cultural identities, shaped by generations of storytelling, rituals, and history. But current intellectual property laws don’t fully protect them. Copyright focuses on individual creators. Geographical Indications protect products, not patterns. While countries like Peru and Panama have tried to safeguard cultural expressions, there is no such strong international system that stops AI models from using these styles without asking or sharing benefits. This paper tries to present a solution by creating a centralized global database of indigenous art and AI companies should be required to consult this database before using cultural works in training their models. More importantly, indigenous communities must have control, consent, and a share of the benefits. Without this, intellectual property law will continue to favour those with power and leave behind those whose creativity built entire cultural traditions.1,000 views -
Capitalism with a Human Face: Ratan Tata and Political Theories of Social Justice
Assistant Professor at St. Thomas College of Law, Greater Noida, IndiaPages 195 - 200This paper attempts to explore Ratan Tata's approach towards capitalism as a form of “capitalism with a human face,” trying to integrate economic pursuits along with social justice commitments. Drawing upon political theories of social justice, particularly John Rawls's "justice as fairness" and Amartya Sen's "capability approach," this study investigates how Tata Group’s Corporate Social Responsibility (CSR) initiatives reflect ethical capitalism. Through a case study of the Tata Group, the paper demonstrates how businesses can contribute to social equity while maintaining profits. This paper contributes to the discourses on ethical capitalism, offering insights for corporations aiming to balance financial objectives with social impact.1,079 views -
Biodiversity and Sustainable Development in North East India
Assistant Professor at Department of Political Science, DAV (PG) College Dehradun, Uttarakhand, IndiaPages 201 - 214For thousands of years biodiversity has been an integral part of our culture. . Our ethnic, cultural, and linguistic diversity has been greatly influenced by the unique features of our land, climate and geography, as well as the forces of migration and evolution. North-East India has its own development of a vernacular architecture that has evolved through the ages and is sensitive to its local climate, inhabitants, and materials as the environment has been an integral part of their lifestyles. Sustainability and its development have always remained an issue of utmost importance. As human beings, we are an integral part of such biodiversity. This biodiversity provides us a unique cultural shape and specific customs, rituals, ceremonies, food habits, clothing habits, all are dependent on biodiversity. There have been various challenges to sustain the bio-diversity such as land tenure system, smuggling, inter-state disputes etc. To overcome all these disputes various initiatives have been through regulatory provision and guidelines.955 views -
Statelessness: Deprivation of Nationality
Student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, West Bengal, IndiaPages 215 - 237This research explores the critical issue of statelessness resulting from the deprivation of nationality, a phenomenon that affects millions globally and raises significant human rights concerns. Despite the existence of legal frameworks intended to protect individuals from arbitrary deprivation of nationality, comprehensive data on the prevalence and consequences of such actions remains elusive. This study identifies key research gaps in understanding the legal, political, and social factors leading to nationality deprivation, as well as the socio-economic and psychological impacts on stateless individuals. The objectives of this research include examining the protection of individual rights in the absence of nationality, analyzing the status of stateless persons upon expulsion, and assessing the conflicts between national laws and international conventions. Through a doctrinal legal research methodology, the study systematically analyzes existing legal instruments, national legislation, and relevant case law to evaluate compliance with human rights standards and identify gaps in protections for stateless individuals. Key research questions focus on the causes and consequences of nationality deprivation, the effectiveness of procedural safeguards, and the arbitrary abuse of state authority in revoking nationality. Comparative analyses of different jurisdictions will highlight best practices and potential pitfalls in nationality laws. The findings aim to provide insights into the legal barriers faced by stateless individuals and propose actionable recommendations for legal reforms at both national and international levels. Ultimately, this research seeks to contribute to the discourse on statelessness, advocating for enhanced protections against arbitrary deprivation of nationality and the promotion of individual rights in a global context.966 views -
Doctor-Patient Relationship and the Erosion of Trust: A Socio-Legal Study of Medical Negligence in India
Research Scholar at Himachal Pradesh National Law University, Shimla, IndiaPages 238 - 247The relationship between doctors and patients is the foundation of the healthcare system, built on trust, secrecy, and professional accountability. Nonetheless, the rising incidence of medical negligence in India has had a significant influence on this relationship, resulting in legal disputes, social unrest, and a climate of distrust. This study investigates the socio-legal aspects of the doctor-patient relationship, healthcare professionals' ethical and professional responsibilities, the implications of lost trust, and the legal choices open to patients under Indian law. The article calls for the need to reconcile patient rights with the protection of medical personnel while proposing policy changes that increase openness, ethics, and accountability in healthcare delivery, drawing on key statutes, case law, and scholarly perspectives.1,175 views -
Sealing the Deal Digitally: Evolution and Enforceability of E-Contracts in India
Student at School of Law, CHRIST (deemed to be University), BengaluruPages 248 - 265In this modern age of digital transformation, Electronic Contracts have become absolutely central in facilitating commercial transactions. The effect of the same can be observed across various sectors, from E-Commerce to the critical software licensing industry. However, with an ever-increasing adoption of E-Contracts in commercial transactions, issues have arisen with respect to their compliance with the traditional Contract Law pre-requisites and the adequacy of the existing legal framework in regulating them. This paper seeks to thoroughly analyze the evolution, legal recognition and enforceability challenges with respect to E-Contracts in India. In order to determine the enforceability, the recognition of E-Contracts under the Indian Contracts Act, 1872, Information Technology Act, 2000 and Bharatiya Sakshya Adhiniyam, 2023 and Sale of Goods Act 1930 shall be evaluated. At the same time, the paper shall assess and evaluate the recognition of different forms of E-Contracts before Indian Courts. This research through analysis of legislations, judicial precedents and comparative analysis with other legal systems seeks to address the gaps which exist with respect to complete recognition of E-Contracts, proposing thereafter systematic legal reforms from attaining an ideal balance between technological advancements and judicial integrity. A key finding throughout the paper has been that although Indian laws generally recognize the legitimacy of E-Contracts, uncertainties persist regarding the legal status of digital signatures, the binding nature of standard-form contracts, and the determination of jurisdiction in international transactions. To address these concerns, the paper suggests amending the Information Technology Act, establishing dedicated dispute resolution mechanisms, and harmonizing domestic regulations with global e-commerce standards to strengthen the enforceability of digital contracts in India.1,165 views -
A Critical Overview of Indian Capital Market: Structure, Functions and Regulations
LL.M. Student at SRM Institute of Science and Technology, Kattankulathur, IndiaPages 266 - 277India’s capital markets serve as the cornerstone of the nation’s financial architecture, efficiently bridging the gap between savers and borrowers to propel economic growth. This paper offers a critical examination of the structure, core functions, and regulatory framework of India’s capital markets, evaluating their effectiveness in promoting stability, transparency, and market integrity. The capital market ecosystem comprises both primary and secondary markets, which not only mobilize capital but also facilitate essential processes such as price discovery, risk management, and wealth creation. The introduction of derivatives and hedging instruments has further empowered businesses to manage financial volatility, while technological advancements like T+1 settlements and dematerialized (demat) accounts have significantly enhanced operational efficiency and investor convenience. The Securities and Exchange Board of India (SEBI), established under the SEBI Act of 1992, functions as the apex regulatory authority, enforcing rigorous standards to curb insider trading, uphold corporate governance, and protect retail investors through mechanisms such as mandatory disclosures and Know Your Customer (KYC) protocols This analysis underscores that a dynamic and resilient capital market is indispensable for India’s sustained economic development. The ongoing challenge lies in striking the right balance between robust regulation and continuous innovation, ensuring that the capital market remains a reliable engine for financial stability, investor protection, and inclusive growth in a rapidly evolving economic landscape.1,243 views -
Rule of Law as Global Norm: Legal Validity and Multilevel Governance in the International Legal Order
Assistant Professor at School of Legal Studies, Babu Banarasi Das University, Lucknow, IndiaPages 278 - 293The rule of law has evolved beyond its classical domestic conception to become a cornerstone of the international legal order. As a global norm, it underpins principles of legal legitimacy, institutional accountability, and normative coherence across fragmented systems of governance. This research paper explores the theoretical and practical evolution of the rule of law in the international domain, emphasizing its function as a foundational principle within multilevel legal governance. Drawing on General Assembly resolutions, Security Council debates, Secretary-General reports, and jurisprudence of international courts and tribunals, this paper argues that the rule of law operates simultaneously as a legal standard, political ideal, and institutional mandate. The study engages with the conceptual challenges of legal validity in a decentralized and pluralistic international legal system. It interrogates the tension between formal legality and normative legitimacy, particularly in contexts where non-state actors, regional organizations, and transnational legal regimes exert legal authority. The paper employs a multidimensional analytical framework that integrates legal theory, UN practice, and comparative constitutional insights to demonstrate how the rule of law contributes to norm-building, dispute resolution, and institutional development. It also critically assesses instances of selective compliance and power asymmetries that undermine the universality and impartial application of the rule of law. Ultimately, this paper contributes to scholarly discourse by proposing a more coherent understanding of international legal validity anchored in the normative architecture of the rule of law. It suggests that enhancing the consistency, transparency, and accessibility of international legal processes will strengthen global governance and reinforce the legitimacy of the international legal order.1,136 views -
The Integration of Artificial Intelligence in Corporate Dispute Resolution Mechanism: Legal Frameworks and Ethical Considerations
Student at Gitarttan International Business School, Delhi, IndiaPages 294 - 304This Article aims to analyze the Introduction and Integration of Artificial Intelligence in the field of Corporate Dispute Resolution Mechanism. The study regarding the increase in use of Artificial Intelligence by firms for Dispute Resolution is conducted through this article. The main types of Corporate Dispute Resolution Methods resorted to by Corporate Firms at mass level are Negotiation, Arbitration and Mediation. This Article scrutinizes the incorporation of various of Artificial Intelligence driven platforms and tools in the methodology of most resorted Dispute Resolution Methods. The Article also aims to highlight the benefits that are received by the use of such Tools and AI Algorithms in Dispute Resolution Mechanism, while raising concerns over certain areas. The use of AI helps in maintaining the efficacy and effectiveness of such methods while reducing the cost and time employed in the process. But the use of AI may lead to certain disadvantages. Due to absence of certain provisions governing its use, there are certain ethical and legal uncertainties which should be addressed by passing resolutions.899 views -
Pages 305 - 316In the modern world, biometrics has become an integral part of our daily lives. From unlocking smartphones with a fingerprint or facial recognition to accessing secure facilities and verifying identities in financial transactions, biometric systems have revolutionized how we handle security and convenience. By utilizing unique physical or behavioral characteristics, such as fingerprints, iris patterns or voice recognition, biometrics offers a higher level of security compared to traditional methods like passwords and PINs. This technology enhances user experience, reduces fraud, and is often used to streamline processes across various sectors including banking, healthcare, and government services. With the advent of draft DPDP Rules open to suggestions from the general public by Ministry of Electronics and Information Technology, it is high time that the avenue of biometrics be revolutionized by these laws.852 views
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Understanding the Nature of Anti-Asian Hate Crime Distribution across New York City before and during the COVID-19 Pandemic
Student at Rutgers University, Newark, U.S.Pages 317 - 343There has been a long history of racism and xenophobia against Asian Americans, and, in particular, against Chinese immigrants in the United States. Since the advent of COVID-19 pandemic, there has been a surge in racially motivated hate crime across the United States, which was influenced by preconceived notions about Asian Americans. Building on this result, the present study attempted to examine the nature of anti-Asian hate crime distribution across New York City before the start of COVID-19 pandemic in 2019 and during COVID-19 pandemic in 2020. For this purpose, anti-Asian hate crime data collected for the year 2019 and 2020 from the NYPD’s open portal was mapped using ArcMap Geographic Information System (GIS) software to spatially represent the distribution of anti-Asian hate crime incident patterns across New York City counties. The hypotheses developed were consistent with the results of the study. It confirmed an increase (650%) in the reported number of anti-Asian hate crime in 2020 from 2019 because of the COVID-19 pandemic. It also confirmed that anti-Asian hate crime is most concentrated in and around Manhattan’s Chinatown in New York City, wherein Chinatown acts as a crime attractor for the present study. The increase in hate crimes against Asian Americans during the COVID-19 pandemic highlights how Asians are still viewed as “foreign” which is interwoven with the ideas of xenophobia and racism against Asian Americans.802 views -
Pages 344 - 351The question that arises here is that even after 75 years of Independence does women of independent India enjoys their rights at the full extent. As we all know that in the present legal system the personal laws govern the matters related to marriage, divorce, inheritance and succession and it is quite clear that there is connivance between the personal laws and patriarchy. Presently, due to the political situation women’s rights continues to be conquered by the discussion of majority and minority in the sake of vote bank policy, there is a need to make a paradigm shift towards the protection of rights of women. It has been seen very often that somewhere the Gender Equality stands settled by personal laws in India and in the sake of the political vote bank even the legislature don’t dare to amend the discriminatory personal laws. UCC which means uniform law for all is envisaged under Article 44 of the Constitution of India which states that “it is the duty of the State to secure for the citizen a Uniform Civil Code throughout the territory of India.” . UCC forecast the idea of governing all people belonging to different religion and regions under same law. The eminent feature of UCC is that it has the ability to restore the concept of women empowerment which India always concerned about. It aims to replace the customary personal laws which are discriminatory on the basis of gender. This paper tries to analyze the oppression of women under personal laws and how it can be curbed out by the implication of UCC. This paper will also put a light on the history of personal laws and different landmark cases which dealt with the constitutionality of particular provisions of personal laws.850 views
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Reimagining the Right to Marry in India: From Constitutional Guarantees to the Demand for No-Fault Divorce
Research Scholar at Institute of Legal Studies, Shri Ramswaroop Memorial University, IndiaPages 352 - 359Marriage, as a legal union, constitutes a critical facet of the right to life and personal liberty under Article 21 of the Indian Constitution, which asserts that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." While the right to marry is not expressly articulated within the constitutional text, judicial interpretation has firmly established it as a fundamental right inherent to personal autonomy and individual freedom. This constitutional dimension was emphatically affirmed in the landmark judgment of *Lata Singh v. State of Uttar Pradesh*, wherein Hon’ble Justices Ashok Bhan and Markandey Katju of the Supreme Court upheld an adult woman's unassailable right to marry a person of her choice. The court’s directive to grant her police protection against coercive societal pressures underscored the State's role in safeguarding individual liberties against patriarchal norms and social ostracism. Furthermore, the right to marry transcends domestic jurisprudence and finds recognition within international human rights law. Article 16 of the Universal Declaration of Human Rights enshrines the right of every individual to marry and establish a family, free from coercion, reflecting a broader commitment to personal dignity, equality, and the sanctity of individual choice. However, while recognizing the freedom to marry, it is imperative to address the constraints posed by existing divorce laws in India. The rigidity of these laws can tether individuals in oppressive or irreconcilable marriages, thereby contradicting the very essence of marital liberty. Liberalizing divorce legislation is thus essential to complement the right to marry, ensuring that individuals retain the freedom to both enter and exit matrimonial bonds with dignity and agency. In this context, a comprehensive examination of the legal framework governing marriage in India necessitates a dual focus: upholding the constitutional guarantee of marital choice while reforming divorce laws to align with evolving notions of personal autonomy and justice.1,203 views -
Pages 360 - 366The current article is limited to the analysis of the appointment of Judges of the Supreme Court and high courts, with a legal overview of NJAC. Appointment of SC Judges is done by the President, and the Chief Justice is appointed by the President on the consultation of such Judges of the Supreme Court and the High Court, if necessary. It is governed by Article 124(2) of the Constitution. What do we mean by the word consultation? The word has been widely debated on major issues when deciding on the constitutionality of the appointment process of Judges. Whether it is mandatory or not is a real question. And, whether the President of India has the absolute discretion in the appointment. Article 217 of the Constitution of India mentions that the high court Judges are appointed by the president in consultation with the chief justice of India and the government of the state. The supremacy of the executive was first discussed in the Judges Transfer case 1. S. P Gupta’s case, also known as the Judges' transfer case 1, mentioned that Article 124(2) has the same meaning under Articles 212 and 222 of the Constitution of India. Judicial supremacy was discussed in S.C.R.A. v Union of India. The memorandum of procedure for appointment of permanent Judges in the High Court is - The Chief Justice of the High Court consults the senior-most Judges and refers the names to the Chief Minister. Then, the Chief Minister forwards the names to the governor. Then, the governor sends the names to the Union Minister of Law, Justice and Company Affairs. Then, the union minister forwards the names to the collegium of the Supreme Court. Then the collegium, consisting of the CJI and two senior-most Judges of the Supreme Court, sends the recommendations back to the Union Minister. Then, the union minister places the names of the Judges before the prime minister. Then the prime minister submits the proposal to the resident. Then, finally, the President’s approval of the Department of Justice secretary to the government will send the approval to the chief minister and the Chief Justice. She/he will then issue a notification in the Gazette of India.1,008 views
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Socio-Legal Study on Freedom of Media in Indian Democracy with special reference to Social Media: An Analytical Perspective
Assistant Professor (Law) at Government Law College Gopeshwar (Chamoli), Uttarakhand, IndiaPages 367 - 374In the era of fast globalization, the rapidly changing field of information, communication and technology, which is the dominant them in the intellectuals and political discussion and of last several decades, is one of the most outstanding developments of the past century. It has rapidly altered the politics economic scenario. The modern communication system nowadays like new technologies and cultural resources ranking from books, generals, films, televisions, internet and other social media like Whatsapp, Facebook, Youtube, Google, Twitter etc. Where originally develop not mere as a vehicle mass communication but also in relation of specific national market and processes of capitalist accumulation and centralization. The Press is appropriately regarded as the fourth pillar of the state since it impacts every area of human existed and fulfills five essential responsibilities like to survive, to give information, to offer advice and interpretation of news, to entertain and to serve the public. But the media can play and effective role only when it is free to express its views and to articulate its opinions. As air is to life so also freedom to the media, without freedom no media can exist to play significant role in all democratic countries of the world. The right to freedom of the press is seen as the corner stone of all other rights and an absolute requirement for their survival. Every other freedom that free men cherish is guaranteed by a free press, which is awake at all times.868 views -
Analysis of Consumer Protection Laws Pertaining to Online Gambling Games in India
Research Scholar at Maharashtra National Law University, Nagpur, IndiaPages 375 - 390This study discovers the evolution and increasing occurrence of online gambling games in India, tracing their ancient origins and investigative the legal frameworks currently leading them. With the rise of digital platforms, gambling has become broadly available, revealing consumers to new risks including monetary loss, addiction, and misuse. The study critically analyses the Consumer Protection Act, 2019, evaluating its efficacy in addressing complaints associated with online gambling. Through doctrinal practice and the examination of primary and subordinate sources, the investigate identifies legal dodges, evaluates industry errands, and suggests regulatory improvements. The findings suggest an urgent need to reconsider the acceptability of online gambling in India, considering its broader social evils and the insufficiencies of present consumer safeguards.917 views -
Pages 391 - 409Shareholder activism in the contemporary corporate scenario has become more of an accepted rule of corporate strategy that facilitates decision making within the governance framework of a company. The most important point to be noted in this respect is the fact that the regulatory mechanism of shareholder rights in a corporate entity is an important factor for determining shareholder activism trends in a particular organization. This research endeavour primarily focuses on explaining the concept of shareholder activism in India and the reason behind its gaining importance in the recent times. It also discusses the evolution and the forms of shareholder activism along with the legislations that form the regulatory framework for governing shareholder activism in India. A major portion of this paper deals with analysing the impact of shareholder activism on securing the rights of minority group of shareholders and also extends to explaining the relation between shareholder activism and its impact on corporate decisions, governance framework and minority shareholder rights. Therefore, this research work has focused on analysing the importance of shareholder activism in enhancing transparency and accountability by way of improved corporate governance practices in order to secure the rights and interests of the minority class of shareholders of the company.883 views
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Balancing Free Speech and National Security: Reforming Sedition Law in Contemporary India
Advocate at Rajasthan High Court, IndiaPages 410 - 422This research paper examines the historical development, judicial interpretation, international approach, and modern-day relevance of sedition law in India, with specific reference to the recently added Section 152 of the Bhartiya Nyaya Sanhita, 2023. Mapping the colonial lineage of sedition law from English legal principles to its codification in colonial India in the form of Section 124A of the Indian Penal Code, this paper critically examines how sedition in the past was used to quell dissent and silence political opposition. By classic judgments like Kedar Nath Singh v. State of Bihar, Romesh Thapar v. State of Madras, Balwant Singh v. State of Punjab, and S.G. Vombatkere v. Union of India, the Indian judiciary has consistently restricted the ambit of sedition to safeguard constitutional values of free speech and valid criticism. The paper also makes comparative analyses with foreign jurisdictions like the United States, United Kingdom, Canada, and Australia, all of which have repealed or reformed their sedition laws in accordance with democratic principles and human rights. In this context, it is the argument of the paper that Section 152 of the Bharatiya Nyaya Sanhita is a much-needed and opportune reform. It substitutes the ambiguous and colonial-era sedition provisions with a more precise, narrowly defined legal standard that criminalizes only those acts which actually endanger the integrity, unity, and sovereignty of the country while protecting democratic dissent. Finally, the study underscores the need to ensure that national security laws continue to stay constitutionally entrenched, judicially supervised, and democratically accountable.1,008 views -
A Critical study on the Doctrines of Indian Constitution
Research Scholar at Department of Law, Bhagat Phool Singh Mahila Vishwavidyalaya, Khanpur Kalan Sonepat, IndiaPages 423 - 430Any constitution's basic idea is fairly straightforward. To constrain the government, that is. Many nations transitioned from the former autocratic and communist forms of governance, when oppression dominated, to democratic forms of government with the rise of liberal democracies in the 19th and 20th centuries. Therefore, it was only natural for the populace to defend the newly established democracy from the newly established government's tyranny. Therefore, the only way to implement this check on the executive branch of government was through constitutional democracy. The Indian Constitution is based on the same idea. Indians cannot be subject to tyranny once they have been freed from the British Raj's shackles. Thus, a constitution was necessary to set boundaries for the newly established independent government. It gave people rights and access to courts so they could defend themselves.909 views -
Pages 431 - 439The practice of live-in relationships is a libertarian approach of modern society. Though no legislative sanction has been provided but Indian judiciary time to time granted the approval to such bondage. Interestingly the Uttarakhand Uniform Civil Code has introduced ‘non-registration of live-in relationship’ as an offence and this type of unwanted incursion into citizens’ personal life will be worsened by the prescription of a three-month prison term for non-registration. The apex court of the country already established that the decision of an individual who is of the age of majority, to live with an individual of his or her choice is strictly a right of an individual and when this right is infringed it would constitute breach of his or her fundamental right to life and personal liberty as it includes right to freedom of choice, to choose a partner and right to live with dignity as enshrined in Article 21 of the Constitution of India. Hence, the family, marriage, procreation, and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognizes an inviolable right to determine how freedom should be exercised. The right to get maintenance within live-in relationship nevertheless is a welfare provision. But this right has already been established by the judiciary within the scope of the Domestic Violence Act, 2005 or even under Criminal Procedure Code, 1973. This article is an analysis to find out if such kind of legalization of live-in relationships through registration in the Uttarakhand Uniform Civil Code is infringement of the constitutional status on right to privacy. Whether the provisions for live in relationships infantilize young adults till age 21? Whether it allows a patriarchal and paternalistic state and society to dictate what ought to be an intensely personal decision as to whether their relationship should be private or public?994 views
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Pages 440 - 454The Input Tax Credit (ITC) under the GST framework is a significant mechanism. It mitigates the cascading effect of taxes by allowing the business to claim credit for the tax paid on purchases of goods or services or both to offset the GST due on outward sales. This mechanism ensures that tax is paid only on the value addition at each stage, thus making taxation equitable. ITC plays an important role maintaining and facilitating the competitiveness and also ensuring a seamless flow of tax credits throughout the supply chain across India. Input Tax Credit (ITC) is therefore a pivotal aspect in the GST regime in all sectors including the Construction Sector. It allows the promoter / developers to claim credit for the GST paid on the purchase of raw materials, input services, and capital goods, which are integral to the construction activities thereby contributing to the reduction of the overall cost of construction and enhancing the profitability of projects. This article studies the flow of ITC in the construction sector. It also studies its impact on business in the construction sector if ITC flow breaks.1,114 views
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In the modern era, the rapid expansion of digital technologies and increasing reliance on cyberspace have brought unprecedented benefits to societies but have also exposed nations to new threats. Cyberattacks, cybercrime, and state-sponsored cyber espionage have escalated, posing significant risks to national security and sovereignty. As a result, governments worldwide are implementing comprehensive cybersecurity laws to protect critical infrastructure, sensitive information, and digital assets from these evolving threats. This paper examines the crucial role of cybersecurity laws in safeguarding national sovereignty. It explores how these laws function as a legal shield against cyber threats, addressing issues such as cyber warfare, cross-border cybercrime, and the increasing involvement of non-state actors in destabilizing cyber operations. The paper also analyzes the international treaties and legal frameworks that regulate cybersecurity, offering insights into how nations collaborate to mitigate global cyber threats while maintaining sovereignty over their digital domains. Moreover, the paper discusses the delicate balance between enforcing cybersecurity measures and protecting individual privacy and human rights, particularly as surveillance and monitoring techniques expand. Key case studies, including large-scale cyberattacks and their legal responses, highlight the complexities of creating effective cybersecurity laws that not only safeguard national sovereignty but also adapt to a constantly changing digital landscape.In conclusion, the article underscores the need for stronger, harmonized global cybersecurity regulations and continuous legal innovation to confront cyber threats while maintaining the integrity, security, and sovereignty of nations in an interconnected world. Effective cybersecurity legislation remains a cornerstone of modern governance, essential for preserving national security in the face of escalating digital risks.871 views
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This research critically explores the complex legal and regulatory challenges posed by the rapid global adoption of blockchain technology and cryptocurrencies, with a focus on corporate accountability, financial compliance, and the implications of global securities laws. As decentralized financial systems evolve, traditional legal structures have struggled to maintain pace, leading to fragmented regulatory frameworks, unclear asset classifications, jurisdictional arbitrage, and significant risks to consumer protection and financial stability. This study examines how crypto asset service providers operate in largely unregulated environments, exposing markets to insider trading, token manipulation, cyber fraud, and tax evasion. It further assesses cases such as the LIBRA token’s speculative sniping scheme and the $1.5 billion Bybit exchange hack, highlighting vulnerabilities in legal oversight and custodial accountability. The paper also addresses the inadequacy of existing anti-money laundering (AML) and know-your-customer (KYC) frameworks, as well as the compliance burden posed by the pseudonymous and borderless nature of decentralized transactions. Additionally, environmental challenges associated with energy-intensive consensus mechanisms like Proof-of-Work are discussed, with a call for regulatory incentives favoring green alternatives like Proof-of-Stake. Through doctrinal, empirical, and comparative legal analysis, the study recommends the development of harmonized international taxonomies, risk-based licensing systems, regulatory sandboxes, and cross-border enforcement mechanisms. It emphasizes the need for evolving corporate governance laws to recognize the legal personality of decentralized autonomous organizations (DAOs), standardize smart contracts, and enforce fiduciary duties in tokenized ecosystems. The research concludes that a coordinated, principle-based, and forward-looking regulatory strategy is essential to align blockchain innovation with legal certainty, corporate transparency, environmental sustainability, and global investor protection.962 views
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Custodial Deaths in India: A Legal and Human Rights Perspective
Student at School of Legal Studies, Cochin University of Science and Technology, IndiaPages 491 - 504Custodial death is the one of the worst long standing human rights violation in the world and India is one among them. These violations are extremely brutal, barbarous, inhumane and the gross violations of both fundamental rights and human rights. It is a serious threat to an orderly civilized society. Eventhough the United Nations, various international treatises and agreements, The Constitution of India, the Indian Judiciary and the National Human Rights Commission has made its efforts to prevent it to all its extent but is not achieved yet in India. There is a stringent need to protect the human rights of individuals, especially the right to life and the state is duty bound to curb the menace of these violations. These repeated incidents of torture highlighted the lack of anti-torture laws in India and called for action to prevent them. The custodial death arose during the British colonial period in India and is not new concept. The state’s responsibility is to protect and safeguard the members of the society and to prevent the criminals from committing the crimes. This responsibility of protecting the life of an accused and the convicts lies with the respective state governments. It is very difficult to determine the responsibility of the police and prove their guilt because all the evidences are in the hands of the police. Custodial death can be called as social threat which increased alarmingly in the recent past years in India which violates the inalienable and universal basic human rights guaranteed to all the persons by being born as a human. The credibility of the law enforcement systems is doubtful. This paper focuses on custodial death and violence, its reasons, how the Indian legal framework, international treatises and conventions and on the human rights perspective.970 views -
Pages 505 - 520The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to address the pressing issue of child sexual abuse in India and to ensure a child-friendly judicial process. This report examines the key provisions, features, and objectives of the Act, highlighting its role in safeguarding children’s rights. It also analyses landmark judicial interpretations and significant amendments that have strengthened the legal framework. Furthermore, the report critically evaluates the loopholes and instances of misuse that have surfaced in its implementation, raising concerns about procedural gaps, over-criminalization, and the balancing of natural justice. Drawing from statutory provisions, case laws, and empirical data, the report underscores the importance of sensitization, effective enforcement, and policy reforms to uphold the Act’s intent. The study concludes by recommending measures to enhance the efficacy of POCSO, ensuring it serves as a robust instrument of child protection without compromising the rights of the accused.925 views
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This paper critically examines the evolving doctrine of universal jurisdiction (UJ) and its role in enforcing accountability for international crimes such as genocide, war crimes, crimes against humanity, and torture. UJ empowers national courts to prosecute such crimes regardless of where they occurred or the nationality of those involved. Advocates regard it as a necessary instrument to combat impunity when domestic and international forums fail. However, its use has also provoked strong opposition, raising concerns over sovereignty, political manipulation, and judicial overreach. Through a doctrinal analysis and comparative study of state practices in Germany, Spain, and Belgium, along with critical case studies—including the Pinochet case, Hissène Habré, and Germany’s Koblenz trial—this research evaluates both the legal foundations and the practical challenges of universal jurisdiction. It identifies key benefits, such as filling justice gaps and deterring atrocity crimes, while also addressing the risks of politicization, selective enforcement, and conflict with international institutions like the ICC.906 views
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Challenging Norms: Halberstam’s Ideas on Queer Failure and Knowledge
Assistant Professor at Marathwada Mitra Mandal’s Shankarrao Chavan Law College, Pune, IndiaPages 541 - 545This paper explores the concept of "queer failure" as articulated by Jack Halberstam in The Queer Art of Failure. Challenging normative metrics of success, Halberstam reconfigures failure as a productive and radical alternative to heteronormative, neoliberal, and disciplinary modes of knowledge production. The paper critically examines key themes such as low theory, stupidity, forgetfulness, childhood, ant familial kinship, shadow feminism, and queer negativity, and situates them within broader debates in queer theory, feminist critique, and anticapitalist thought. Through an interdisciplinary approach, it argues that failure, when embraced, opens up new epistemologies and ontologies for queer life, resistance, and creativity.941 views -
Intellectual Property Rights and its Economic Growth
Student at G.D. Goenka University, Gurgaon, IndiaPages 546 - 557Intellectual Property (IP) Laws play a crucial role in fostering economic and financial growth by encouraging innovation, protecting the creative work and enhancing global competitiveness. In this modern- knowledge based economy, patents, trademarks, copyrights and trade deals provide a special legal framework that encourage research & development, ensuring a long- term economic sustainability. Strong IP laws and protections vitalizes entrepreneurship, attract Foreign Direct Investment (FDI) and facilitate technology transfer, leading to increased industrial production and job creation. Moreover, countries with strong IP Laws experience a rise and increase in technological advancements, as investors, innovators and businesses are assured of the exclusive rights over their creations. This legal security which is being provided by the authorities has encouraged the multinational corporations to involve in cross-border collaborations, which is ultimately contributing to global trade expansions. However, the relation between IP laws and economic growth is not there without any challenges. Rigid IP regulations may create monopolies, effect the access to essential goods such as medicine and can also widen up the gap between the developed and developing economies around the world. Thus, there is a need of a balanced approach – the one that can protect innovation while promoting accessibility and fair competition. This paper explores the complicated link between Intellectual Property Laws and economic development, analysing emperical data and global case studies to highlight both the benefit and drawbacks. It also argues that while IP laws serves as a catalyst for innovation led growth, its effectiveness also depends on the different legal framework that aligns with the economic realities. A well-calibrated IP regime can lead to industrial progress, enhance creativity and ensure equitable development, making it a key stone on the modern economic policies.1,143 views -
Cyber Terrorism and National Security: Study of Rising Threat to India’s Digital Infrastructure
Assistant Professor at Shri Shankracharya Professional University, Bhilai, Chhatisgarh, IndiaPages 558 - 572Cyber terrorism has become a serious threat to national security in the increasingly linked digital world, especially countries like India. The growing threat of cyberterrorism to India's digital infrastructure, particularly delicate sectors like communication networks, power grids, military networks, and banking systems, is the main topic of this study. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which increase intermediaries' accountability; the Digital Personal Data Protection Act, 2023, which is a major step toward comprehensive data privacy legislation; and the specific guidelines published by the Indian Computer Emergency Response Team (CERT-In) to handle cybersecurity threats and incident reporting are just a few of the recent legal developments in India that will be examined in this paper with regard to digital governance and data protection. This study is going to examine the growing trend of cyberterrorism and its consequences for India's national security. The study in this paper shows that cyber breaches and possible terrorist threats have alarmingly increased in India's digital infrastructure. The research will follow a doctrinal legal research methodology. The research highlights three major obstacles to mitigating cyber threats: lack of real-time threat detection technologies, lack of effective legal deterrence, and lack of inter -agency collaboration. Although India has made great strides in putting cybersecurity procedures in place, the paper will come to the conclusion that it urgently needs to develop a single national cyberterrorism policy, boost funding for cyber intelligence infrastructure, and fortify international cyber diplomacy. India can only successfully protect its national security against the growing threat of cyberterrorism by combining intergovernmental cooperation, technological innovation, and legal reform.962 views -
Copyright Infringement in the Digital Age: Challenges and Solutions
Advocate in IndiaPages 573 - 592In the fast-paced world of digital technology, the internet, and online platforms, copyright infringement has become one of the most critical factors in the digital age. For example, copying, distribution, and easy access have all complicated the enforcement of copyright laws. Unauthorized uses of creative works have spread over the world and are now very common. The problem becomes bigger and thornier as consumer peer-to-peer networks, streaming companies, and social networking sites proliferate, leaving creators of original content and rights holders confused about how to protect works and how to earn revenues through their intellectual property. This paper discusses how copyright infringement raises a variety of challenges in digital age, travel beyond the global nature of the internet to private jurisdictional issues and strike a balance between the rights accorded to creators for their protection and further accessing information by the public. New technologies such as blockchain, artificial intelligence, and digital watermarking will also be dealt with in addressing such problems. Further, the paper evaluates the DMCA and related international treaties, such as the Berne Convention, as considerable efforts worldwide to strike a balance between countering infringement and considering implications on fair use and user rights. There is a need to raise public awareness about copyright law and develop collaborative measures by stakeholders, as well as the use of technology to enhance effectiveness in applying copyright law. It concludes that multiple approaches - including legal, technological, and educational strategies - should be brought together in order to address copyright infringement while enabling innovation and creativity in the digital age.1,235 views -
The Necessity of an FSL Report in NDPS Chargesheets
Student at National Law School of India University, Bengaluru, IndiaPages 593 - 596In India, all drug related offences are dealt with and under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS). 36A(4) in particular is of special interest for this essay due to the confounding jurisprudence it has produced giving rise to a concerning dissonance in the rights of stakeholders in the criminal process of India. 36A(4) extends investigative deadlines allowing agencies 180 days to complete investigations instead of the usual 90 days provided as per section 167 of the Code of Criminal Procedure, 1973 (CRPC). It is to be noticed that though, the NDPS (Seizure, Storage, Sampling, and Disposal) Rules, 2022 require that a sample be tested within fifteen days of its receipt chargesheets are regularly submitted without a Forensic Science Laboratory Report (FSL), because the rules do not prescribe a consequence for not conducting the test within fifteen days, regardless of this anomaly in law, can a chargesheet which has been submitted without an FSL be deemed complete? This question is important to answer because the path which a court chooses to tread here, determines whether or not the sanctity of article 21 is upheld. As of now this question is yet to be decided in the form of a reference before the Supreme Court. In this paper, I will undertake a doctrinal analysis of the judgments to discredit the tenability of the conservative anti-bail school of jurisprudence which has emerged owing to incorrect and contrarian interpretation of sections related to investigation and chargesheets by various high courts. In doing so we will end by seeing why the interpretations developed by the pro-bail school be adopted due to criminal law principles and ground reality of NDPS offences.2,586 views -
The Dialectical Thought of the Yin–Yang and Five Elements Theory in Vietnamese Culinary Culture
Lecturer at Hanoi University of Natural Resources and Environment, VietnamPages 597 - 608Vietnamese cuisine is not merely the art of food preparation but also a profound expression of Eastern philosophy, particularly the dialectical thought embodied in the Yin–Yang and Five Elements theory. This paper analyzes how this philosophical framework is reflected in Vietnamese culinary culture. In doing so, it clarifies the harmonious relationship between humans and nature, as well as between the material and the spiritual, within the national cultural context.1,119 views -
Constitutional Control of Civil Services under the Union and the States in India: Historical Evolution, Contemporary Framework, and Comparative Insights
Ph.D. Scholar at Department of Law, University of Calcutta, IndiaPages 609 - 635This article comprehensively examines the constitutional framework governing civil services under the Union and the States in India, as provided under Part XIV of the Indian Constitution (Articles 308–323), and traces its evolution from ancient administrative practices to colonial legislation and post-independence legal reforms. It analyzes key provisions such as Articles 309, 310, and 311, addressing recruitment, tenure, and safeguards for civil servants, and critically evaluates judicial interpretations and statutory developments impacting service conditions. The study delves into the historical underpinnings of administrative control, the establishment of Public Service Commissions, and challenges like political interference, corruption, and lack of transparency. It further conducts a comparative analysis with the civil service frameworks of the United Kingdom and the United States, highlighting differences in recruitment, tenure doctrines, and due process protections. The article proposes targeted reforms aimed at enhancing efficiency, transparency, and autonomy, including digitization, performance audits, grievance redressal, decentralization, and lateral entry. The objective is to strengthen constitutional safeguards, ensure fair service delivery, and adapt civil services to the demands of a modern administrative state while maintaining their impartiality and integrity.1,009 views -
Pages 636 - 649Matrimonial property laws in India are divided along religious lines, leading to significant disparities in spousal rights and inadequate financial safeguards for women. The personal legal systems applicable to different religious communities—such as those followed by Hindus, Muslims, Christians, and Parsis—vary significantly in how they acknowledge a woman’s role within the marital relationship, frequently overlooking unpaid domestic work. As a result, many women face financial insecurity following divorce or the death of a spouse, despite their essential contributions to the household. The Indian Constitution's Article 44 aims to establish a Uniform Civil Code for marriage property, promoting gender neutrality and transcending religious borders. Treating marriage as a cooperative economic venture can promote equitable property distribution and uphold constitutional values of equality and non-discrimination. Recent developments at the state level provide practical models for reform. Goa’s Portuguese-influenced civil code enforces a community property regime and equal inheritance. Uttarakhand’s UCC Act, 2024, introduces joint ownership of marital property and abolishes gendered coparcenary rights. Maharashtra’s legislative proposal further signals growing political momentum for uniform civil law reform. Even though there are expected challenges like cultural resistance, political issues, and complex administration, a well-planned system for handling property in marriage can help. It should be based on constitutional principles and learn from new state-level examples. This system can bridge the gap between promises of equality in the constitution and people's real-life economic situations. The goal is to secure equal rights for couples, regardless of faith, and promote gender equality in India's civil laws.883 views
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Consent, Fabrication, and Proof: The Legal Dilemma of Deepfakes in the Indian Judicial System
Student at MP Law College, Aurangabad, Maharashtra, IndiaPages 650 - 655The rise of AI-powered deepfakes is becoming a big matter in India. Deepfakes tend to malign reputations, spread misinformation, or sometimes are used for blackmail or fraud. The Indian system is struggling with these new challenges, especially with consent issues, identification of fakes, and reliable proof being an accepted standard in courts. With the new proposed statutes of Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), it looks like India is trying to take a stand. This paper explains deepfakes in layperson's language, shows how deepfake technology is being misused, examines new legal provisions, and probes more actions that can be taken to shield humankind from this dangerous technology.1,064 views -
Changing Contours of Mediation in India: Journey from Informal Indigenous Practice to Statutorily Recognized Practice under The Mediation Act, 2023 and its Integration in Legal Education
Senior Standing Counsel at Directorate of Revenue Intelligence (DRI) & Directorate General of GST Intelligence (DGGI), High Court of Delhi, IndiaPages 656 - 673An increase in cross-border trade and investments due to globalization over the years has not only accelerated cross-border disputes but has also driven every nation to lay emphasis on building robust conflict resolution systems that can effectively resolve varied issues and encourage good relationships. Therefore, in light of this ongoing economic expansion not only at a national level, but also globally, mediation has emerged as the most viable and preferred option for resolving international commercial disputes arising in the course of international trade. Talking about India, wherein this practice of mediation roots back to ancient Indian jurisprudence and the concept of Dharma, has got formally incorporated into various Indian legislations, including recently enacted Mediation Act 2023, which is a standalone Act to streamline and formalize mediation practice in India laying out a comprehensive framework for its conduct and enforcement resonating with India's rich cultural heritage. Further, the incorporation of standalone courses on mediation in legal education covering theoretical and practical aspects have not only made it a highly sought career opportunity amongst law students and legal professionals, but has also promoted to a greater extent, the culture of mediation in India. Therefore, this research paper, while tracing the historical background of Mediation, analyses its changing contours resulting into integration of this traditional practice with formal legal frameworks, especially under the ‘Mediation Act, 2023’ as well as it’s becoming a part of legal education. While this integration introduces several progressive reforms, but at the same time, it also raises notable concerns which undoubtedly have the potential to hinder its practical application. Therefore, the research paper identifies those challenges as well. Further, with a vision to optimize the efficacy of this indigenous practice under the Mediation Act as well as part of curriculum, the research paper also suggests ways forward so that Mediation emerge as a cornerstone for culturally sensitive and robust legal framework for conflict resolution and establishment of harmonious and inclusive society.850 views -
Silent Victims of the Criminal Justice System: Children with Incarcerated Parents
Student at Army Institute of Law, Mohali, IndiaPages 674 - 697Griselda Blanco, Al Capone, Charles Sobhraj, Pablo Escobar, Ted Bundy, and Surinder Koli are names that may ring a bell as some of the most infamous criminals globally. However, one aspect that many might overlook, aside from their notorious reputations, is that they all share a commonality: they have left behind families, including children. These children, innocent and uninvolved in their parents' crimes, are forced to confront the challenges stemming from their parents' actions. The issue of parental incarceration is increasingly recognized as a significant social concern, with deep and enduring effects on children's well-being and development. This abstract delves into the psychological, emotional, educational, and social repercussions faced by children who have one or both parents behind bars, as well as the various policies, judgments, and laws in India and other countries aimed at supporting the welfare of children with incarcerated parents. Studies show that these children face a heightened risk of mental health issues, academic struggles, social stigma, and potential entanglement with the criminal justice system. The absence of a parent due to incarceration often results in financial difficulties, disrupted caregiving situations, and trauma from separation, all of which exacerbate their vulnerability. This paper highlights the critical need for focused interventions, supportive policies, and community programs that cater to the specific needs of these children, with the goal of breaking the cycle of intergenerational incarceration and fostering resilience and stability in their lives.753 views -
Centre-State Relations in Budgetary and Fiscal Allocations: Political Biases or Economic Rationale
Student at ILM University, Gurugram, IndiaPages 698 - 704The Union Budget is far more than a routine financial exercise—it reflects the government's policy direction, political priorities, and institutional frameworks. In India’s federal setup, where power and responsibilities are constitutionally distributed between the Centre and the states, budget allocations are ideally expected to follow principles of fiscal fairness, balanced regional development, and economic necessity. These allocations should, in theory, be impartial and shaped by data-driven assessments. However, recent budgetary trends have sparked significant debate. Observers have noted that states governed by political alliances aligned with the ruling party at the Centre, often appear to receive more generous financial support than states led by opposition parties. This trend has prompted important questions: How in several states where the alliances of BJP are in power have been given a better share in budget as compared to the states where the central government is not in power? Is there a rationale behind such an allocation? Or is it solely governed by party biases and coalition politics? To understand answers to these questions one must understand coalition politics, party biases, center state relations and how they impact the Budgetary allocation. By the end of this paper, all the questions listed above shall be answered. These issues bring forth a deeper concern about whether political loyalty or electoral strategy influences fiscal decisions, potentially sidelining objective criteria. Understanding the answers to these questions requires a thorough examination of the nature of coalition politics, the extent of party influence in governance, and the structure of Centre-State relations—all of which play a vital role in shaping budgetary outcomes. By exploring these dimensions, this paper seeks to provide clear insights into the above questions and critically evaluate whether India’s budget truly reflects economic rationale or political strategy.788 views -
Lok Adalat: A New Dimension of Justice System
Student at the Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University Lucknow, IndiaPages 705 - 728Lok-Adalat has emerged as a justice centric forum providing expeditious, economical, and amicable justice through informal procedures where it is not bound by formal procedural and evidence law that circumvent legal technicalities. This examines the historical genesis and developmental history of Lok-Adalat within the Indian legal framework. A comprehensive assessment has been established by data regarding the potential efficacy of Lok-Adalat as an instrument of Alternative Dispute Resolution. The juridical analysis extends to the legal validity of Lok-Adalat awards and the grounds upon which such awards may be subject to judicial review. The comprehensive examination herein provides substantive insights into Lok-Adalat's potential contribution to the existing judicial framework, which is currently encumbered with substantial litigation backlog. The paper articulates the imperative need for adaptations to the Lok-Adalat framework to address the evolving requirements of economically disadvantaged litigants.710 views -
The management of natural resources in a sustainable development has become an important part for life survival on earth. Due to the ecological degradation and the loss in biodiversity there is a serious impact on our Nature. The environment is being supported by human survival in turn which conserves nature. Tribal groups who live in harmony with various elements of nature by the use of a range of traditional practices which involve culture, rituals, religious belief, customs, tradition and their heritage preserve biodiversity. Biodiversity is composed of various life forms such as plants that serve as an edible food in the form of roots, seeds, fruits, agricultural and horticulture plants. Some of the indigenous people preserve the resources by incorporating the traditional practices to increase the restoration of the environment. This paper will discuss the significant role played by the tribals in preserving biodiversity in India. This paper will show the importance of the tribals in preserving the plants as a matter of religious belief that they are the habitat of god and goddesses. It will describe the various traditional practices by tribes located in several parts of India and highlight on the cultural beliefs and practices of the indigenous people as part of heritage wherein it preserves biodiversity in a manner of environmental management and sustainable development.869 views
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India’s Space Challenge: Updating Laws for In-Orbit Services and Debris Cleanup
Research Scholar at Shobhit University, Meerut, IndiaPages 742 - 758The Indian space sector is experiencing a commercialization and private participation shift from a government-monopolized space system, which requires legal innovations to address emerging challenges in in-orbit services (IOS) and space debris removal (SDR). The current legal framework of India based on policies and executive orders does not have sufficient provisions for licensing and liability and regulatory oversight in these modern domains despite its technological advancements. The paper identifies three main gaps in India's space law which include the nonexistence of statutory licensing for IOS and SDR operations, unclear liability rules and insufficient systems for protecting intellectual property and resolving disputes. The paper uses international best practices and guidelines to develop essential components for future Indian space legislation which includes activity-specific licensing procedures, mandatory insurance requirements, an independent regulatory authority and global space sustainability standards. The analysis shows that legal innovation must accompany technological progress to maintain India's leadership position in the complex and competitive outer space environment. Through proactive space law-making India can promote responsible commercial expansion while building international partnerships to establish its position in the emerging space governance framework.741 views -
Pages 759 - 770With increase in women working in India’s service sector particularly in hospitality, wellness, aviation, and entertainment there is a subsequent increase in workplace harassments. The current labour and criminal laws often fail to address these workplace vulnerabilities with efficiency. India has strong legal frameworks to deal with this like the IPC provisions, POSH Act (2013) and Labour Codes (2019–2020). But implementing these is a challenge and enforcement mechanisms are inadequate specially in semi-formal and unorganised setups. The aim of the study undertaken is to analyse these laws and to assess if they provide meaningful protection to women in service industry. The study has used a qualitative doctrinal approach with semi-structured interviews of women workers, HR professionals, and legal experts. The research explores systemic issues like absence of Internal Complaints Committees (ICCs) or wage disparities and legal illiteracy. The paper focuses on significant gaps in sector-specific protections as well as proposes policy reforms, practical interventions, and the need for inclusive research. The findings want to bring to notice the need of urgent reforms to ensure safety and dignity at work and are accessible to all working women.409 views
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A Study on Legal Education in India: Traditional Teaching to Digital Teaching
Assistant Professor of Law at Himachal Pradesh National Law University, Shimla, IndiaPages 771 - 786This paper talks about the history of legal education in India and what factors led to the shift in the paradigm of law and its andragogy. Tracing the history from ancient India during the eras of Vedas and traces the education patterns in the ages of Dharamshastras and Manusmriti it comes to discuss the law during the Mughal reign and the changes brought by such law in the legal education. British laws and the legal education system and their impact of legal education are elucidated and later, after the independence of India, an introduction of three-year law courses and five-year integrated law courses is discussed. The last part of the paper elucidates the use of IT and digital media as the way forward in legal andragogy, for better understanding of the concepts of law, use of audio-visual media through videos and power points to be a preferred mode of education to provide holistic understanding to the students of the subject matter.765 views -
We often hear that “justice delayed is justice denied,” but in reality, justice is sometimes denied before it even begins — because the language of the law feels alien to those expected to understand it. In India, the courtroom remains a space dominated by colonial-era English, dense legal jargon, and mistranslations that create an invisible but powerful divide. This paper draws attention to a rarely acknowledged truth: many litigants don’t lose their cases because of poor facts or weak arguments — they lose because they were never truly heard or understood. The research investigates how communication gaps, born from complex legal language, the lack of trained court interpreters, and the near absence of institutional linguistic support, quietly obstruct justice. It asks a fundamental question: What becomes of justice when it is written in a language people can’t read, and spoken in a tone they cannot follow? This paper turns to the emerging discipline of forensic linguistics — not just as a theoretical tool, but as a practical means to reimagine how courts operate. The paper advocates for a shift beyond simple translation, urging a deeper transformation in the way courts speak, write, and above all, listen. Until the legal system begins to communicate in a way that is inclusive and comprehensible, the promise of justice will remain just that — a promise, unfulfilled for those who need it most.1,105 views
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Pages 797 - 810This Micro, Small, and Medium Enterprises (MSMEs) play a crucial role in India's economy, contributing significantly to employment and GDP. However, their competitive landscape is shaped by both government support and regulatory constraints under the Competition Act, 2002. The Competition Commission of India (CCI) aims to prevent anti-competitive practices, including cartelization, which poses a challenge when MSMEs form consortia to improve market position. While government initiatives like the National Small Industries Corporation (NSIC) encourage collaboration among MSMEs, such arrangements often raise concerns about violating anti-cartel provisions. This paper critically examines the intersection of MSME policies and competition law, analyzing whether MSME consortia function as legitimate business collaborations or as cartels that distort market competition. Through case studies and regulatory reviews, it highlights the legal ambiguities surrounding MSME cooperation and the CCI’s enforcement trends. Recent decisions demonstrate a nuanced approach, where MSMEs engaging in cartel-like behavior have been issued cease-and-desist orders rather than financial penalties, reflecting a shift towards leniency. The study argues for a balanced regulatory framework that differentiates between pro-competitive MSME alliances and harmful cartelization. It advocates for clearer legal provisions and regulatory guidance to ensure fair competition while allowing MSMEs to thrive in a challenging economic environment.844 views
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Beyond Funds and Arrangements: Judicial trends in section 138 of the Negotiable Instruments Act,1881
Student at Law Center-1, Faculty of Law, University of Delhi, IndiaPages 811 - 815This article critically examines the evolving judicial interpretation of Section 138 of the Negotiable Instruments Act, 1881, which was originally introduced to penalise cheque dishonour due to “insufficient funds” or “exceeding arrangements” with the bank. Over time, Indian courts have adopted a purposive and expansive approach, extending the applicability of this provision to other reasons for dishonour such as “stop payment,” “account closed,” and “signature mismatch.” These developments reflect a clear judicial intention to uphold the credibility and reliability of cheque-based transactions in the commercial sphere. The paper analyses key Supreme Court decisions that have shaped this broader interpretation and argues that the grounds mentioned in Section 138 are illustrative rather than exhaustive. It also discusses the statutory presumptions under Section 139 and procedural safeguards available to drawers, including the notice period and the opportunity to rebut liability. Ultimately, the article contends that the judiciary has struck a careful balance between deterring wilful defaulters and protecting honest drawers, thereby reinforcing the importance of cheques as trusted financial instruments in India’s transactional landscape.1,586 views -
Modernizing Indian Civil Justice: A Comparative Study of United States Procedural Models with ADR and Case Management
Assistant Professor at D.Y. Patil Deemed to be University, School of Law, IndiaPages 816 - 824The Indian judicial system especially, the civil litigation continues with the significant delays, backlogs of cases and procedural inefficiencies. In the light of these challenges, this study explores the American legal system approach towards the civil case management and ADR mechanism. This paper examines the court management, case scheduling, and early mediation process and settlement judges of Unites states of America. This study mainly focuses upon the process of mediation for the identification of adaptable strategies for reforming Indian legal system. In order to determine if comparable changes may be integrated, it also examines the Indian legal system, namely Section 89 of the Civil Procedure Code and pertinent sections of the Arbitration and Conciliation Act, 1996. India's increasing trend towards institutionalized mediation under judicial supervision is demonstrated by case studies such as the Ahmedabad Mediation Centre’s success and the founding of AMLEAD. The results support gradual changes starting with the freshly created cases, creation of court annexed mediation facilities, law education, and ongoing Indo- US cooperation. Such reforms will play a pivotal role in greater efficiency which will reduce pendency and increase confidence in Indian Civil Justice System.662 views -
The Hidden Chains: Charting Inequitable Workplace Practices in Contemporary India
Assistant Professor at D.Y. Patil Deemed to be University, School of Law, IndiaPages 825 - 836In today's industrial environment, conflicts among workers and their employers are not uncommon. Thus, preserving good working connections between employers and workers constitutes one of the many desired objectives. A particularly useful tool for achieving the aforementioned is collective bargaining, which is a process of negotiating favourable working conditions between companies and employees, represented by trade unions. However, after attaining independence, India created a variety of laws to control and organise the industrial sector, but none of these addressed unfair work practices. The Indian Parliament decided to incorporate two categories of unfair labour practices—one relating to companies and the other to labour unions—in the Trade Unions (Amendment) Act, 1947. These, however, were not legally binding. The Code of Discipline, 1958, that was adopted by the primary organisations of both employees and employers at the 16 Indian Labour Conference, also included a list of unfair labour practices. The Maharashtra government was the first to effectively implement a specific legislative regulation that prohibited ULPs when it passed the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act in 1971. However, only Maharashtra was subject to the aforementioned law, which constituted state legislation. In its initial report, the National Commission on Labour (1969) suggested that a law be passed that would recruit ULPs and provide them with appropriate penalties. Examining the moral duties of employers, trade unions, and regulatory bodies in maintaining the values of justice, fairness, and dignity in the workplace, it explores the ethical aspects of such behaviour’s.633 views -
The Valiant ICS I.M. Lall: A Quintessential Review of the Case that Engendered Article 311
Junior Research Fellow at Department of Laws, Panjab University, Chandigarh, IndiaPages 837 - 843The Constitution of India is one of the liveliest and most dynamic document that is recognised as a grundnorm, all over the world. It not just supports, but also elaborates upon the purport of the values that the Indian Constituent Assembly members possessed, and so proudly upheld. The Indian Constitution, furthers the ideals and principles of basic tenets of natural justice, foundational legal principles, and conceptual pillars of constitutionalism as well as, constitutional law. The essence of the Indian Constitution is the socio-economic transformation that is envisaged, for the whole nation. Article 311 is also one such provision. This single most provision of the Indian Constitution forms the basis of the service law jurisprudence in India. Service law matters, issues related to appointment and removal of civil servants, reasonable opportunity to be heard and other such legal constitutional rights- all of these emanate from Article 311 itself, and the constitutional values of our forefathers forms the basis of the same. However, not much is known about the landmark case that gave rise to service law jurisprudence in India. It was the landmark, but relatively unknown case of High Commissioner for India and the High Commissioner for Pakistan v. I.M. Lall (1948) BOMLR 649, which was the foremost case whereby an Indian won against the mighty British Empire. Chander M. Lall, writes about the colossal personality that was, I.M. Lall- his grandfather and the civil servant who was wrongfully dismissed sans any reasonable opportunity given to be heard. ICS officer Sh. I.M. Lall was wronged against by the nefarious designs of the British Empire, but with his one-pointed motivation and determination, coupled with professional righteousness and moral ethics of his very being- fought valiantly against the Empire in the Privy Council and won. This was the watershed moment in the Indian service law jurisprudence, against the backdrop of the teary partition of the year 1947 and relocation of the Lall family. Not many, even in the legal profession are aware of this locus classicus, and this is particularly why Chander M. Lall’s book is a must read for legal professionals, young scholars, and every Indian alike. The case of Sh. I.M. Lall, wholly justifies what Macaulay stated through his words: And how can a man die better, Than facing fearful odds; for the ashes of his fathers, and the temples of His Gods. This is probably the essence of raw and unmatched courage, that I.M. Lall showcased in the face of deathly odds, including the traumatising partition of the Indian subcontinent. The Indian service law jurisprudence owes her life to I.M. Lall, undoubtedly.284 views -
Pages 844 - 859This paper investigates the deployment of predictive policing systems in major American cities, interrogating the profound tension between their stated goal of achieving “algorithmic justice” and their operational reality as engines of “digital discrimination.” While proponents champion these technologies as objective, data-driven tools capable of overcoming human bias and enhancing law enforcement efficiency, this analysis argues that their current implementation institutionalizes and amplifies historical racial biases. The paper traces the genealogy of predictive policing from its roots in Compstat to its modern, commercialized form, deconstructing the technical architecture that perpetuates discrimination. Central to this critique is the reliance on “dirty data”-historical police records tainted by racially skewed enforcement practices-which fuels runaway feedback loops that concentrate police presence in minority communities, regardless of actual crime rates. Through critical case studies of programs in Chicago and Los Angeles, the paper demonstrates a consistent pattern of unproven efficacy, racial disparity, and eventual discontinuation following independent audits. Furthermore, it presents a rigorous constitutional analysis, arguing that predictive policing challenges the Fourth Amendment’s requirement for articulable suspicion and the Fourteenth Amendment’s guarantee of equal protection. The paper concludes that narrow technical fixes, such as algorithmic audits and fairness-aware machine learning, are insufficient to resolve these fundamental flaws. A genuine pursuit of justice requires a paradigm shift: from punitive prediction to restorative social investment, leveraging data not for targeted enforcement but to address the systemic inequities that are the root causes of crime.826 views
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Regulatory Technology (RegTech) Adoption in Fintech Governance, Risk, and Compliance Frameworks: Challenges, Opportunities, and Legal Implications
Working ProfessionalPages 860 - 879Regulatory Technology (RegTech) represents a significant evolution in the compliance landscape for financial technology (Fintech) firms. The escalating complexities of the global regulatory landscape, coupled with the rapid evolution of the Fintech sector, have rendered traditional governance, risk, and compliance (GRC) frameworks increasingly inefficient and expensive. With increasingly complex GRC requirements, RegTech solutions promise to automate, streamline, and improve regulatory management. This paper examines the challenges, drivers and legal implications of RegTech adoption. Further, this paper meticulously examines the transformative potential of RegTech in revolutionizing GRC operations within the burgeoning Fintech industry. Leveraging advanced technologies such as Artificial Intelligence (AI), Machine Learning (ML), blockchain, and big data analytics, RegTech solutions offer unprecedented capabilities for automating compliance processes, facilitating real-time risk monitoring, and ensuring accurate, timely regulatory reporting. By integrating doctrinal research with qualitative analysis of industry reports and case studies, this study identifies the main factors driving adoption, including achieving cost efficiencies, improving accuracy and responding effectively to regulatory pressures. It also investigates significant barriers including data privacy concerns, cross-border compliance complexity, liability issues, and the lack of industry-wide standardization. Comparative analysis of regulatory approaches in jurisdictions including the European Union, United Kingdom, United States, Singapore, and Australia highlights both supportive policies and gaps in harmonization. The findings underscore that while RegTech adoption is accelerating and delivering operational benefits, uneven regulatory guidance and legal uncertainty continue to pose challenges. The paper concludes with actionable recommendations for Fintech entities, RegTech providers and regulatory bodies, advocating for collaborative ecosystems, standardized data practices, and continuous investment in human capital development to fully harness RegTech’s potential in shaping a resilient, compliant and innovative future for digital finance. This manuscript posits that RegTech is no longer merely a supportive tool but a foundational pillar for sustainable growth and ethical operations in the modern financial ecosystem.1,564 views -
Personality Merchandising: An Exigency without Redressal
Assistant Professor of Law at Amity Law School, Amity University. Gwalior, IndiaPages 880 - 894The perceptibility of individuality lies at the core of human identity and is safeguarded through the concept of personality rights. While for many, these rights are inherent, for public figures and celebrities, they are often earned through years of dedication, talent, and perseverance. However, with rapid advancements in media and merchandising technologies, a troubling trend has emerged — the unauthorized and widespread secondary commercial exploitation of an individual’s persona, particularly that of celebrities. This paper seeks to explore the evolving concept of personality merchandising, tracing its journey from its inception to its present-day relevance. It critically examines how the commercialization of personality has become a profitable industry, often functioning at the expense of the very individuals whose image, name, likeness, or voice are being commodified without their consent. By analyzing judicial trends and approaches across various jurisdictions, the paper sheds light on how different legal systems have approached the protection of personality rights, particularly in the context of unauthorized commercial usage. A core concern this paper raises is the reputational harm and economic injustice caused to celebrities whose identities are misappropriated for commercial gain. Despite limited protection under trademark, copyright, and related intellectual property frameworks, there remains a significant gap in the legal structure to fully address such misuse. The paper argues for a more robust and structured legal framework in India that not only recognizes personality rights as a proprietary interest but also provides mechanisms for assignment, licensing, and enforcement. In light of global developments, it advocates for the incorporation of explicit provisions within existing intellectual property laws and recommends the enactment of a dedicated legislation that addresses personality merchandising and protects individuals — especially celebrities — from unauthorized commercial exploitation of their persona in the digital and media-driven age.476 views -
Impact of Buyback Regulations on Shareholder Value
Student at O.P. Jindal Global Law School, Sonipat, IndiaPages 895 - 902This paper examines the impact of buyback regulations on shareholder value in the Indian context, highlighting how share repurchases serve as a strategic tool for companies to distribute surplus cash, enhance earnings per share (EPS), and signal undervaluation. Buybacks reduce outstanding shares, thereby increasing individual stakes, boosting returns on dividends, and acting as a defense against hostile takeovers. The analysis establishes a direct link between buybacks and shareholder value, influenced by factors like capital structure changes, investor confidence, and efficient capital allocation. Focusing on key Indian regulations under the Companies Act, 2013, and SEBI (Buy-Back of Securities) Regulations, 2018, the paper outlines restrictions such as the 25% limit on paid-up capital and free reserves, debt-equity ratios, and funding sources. Through case studies, it contrasts the Finance Bill 2016, which spurred buybacks by making them tax-efficient (leading to a surge in offers totaling Rs 26,353 crore), with the Union Budget 2024, which reclassifies buyback proceeds as dividend income taxable on shareholders, potentially deterring participation while encouraging reinvestment in growth opportunities. The author advocates for a balanced regulatory framework to optimize buybacks for long-term shareholder value alignment with broader economic goals.556 views -
Pages 903 - 925The paper discusses the disagreements over current legal frameworks imposing criminal responsibility on sexual partners of the same age for engaging in sexual relations with adolescents, arguing that age for criminal prosecution needs reconsideration. This research presents both a legal perspective supported by scientific findings from psychology and developmental science area. To its credit, it examines variations in the legal benchmarks across different jurisdictions and how they affect adolescents. Moreover, it discusses contemporary theories that highlight cognitive-emotional and social development that occurs at the stage of adolescence, and thus, doubting the adequacy of current legal age limits. The study reveals critical harms and repercussions that emanate from the criminalization of consensual relations within young persons, including stigmatization, psychological harm, and long-term impacts on schooling and employment opportunities. The legal arguments presented to support the conclusion call for a balanced, strong legal environment that protects adolescents from prohibited risk-takers while also recognizing their rights to assume teens’ enhanced capacities for risk. The study emphasizes the need for developmental science and psychology research in legislative reform strategies, particularly focusing on age issues. It recommends changes to the legal system to ensure fair handling of cases, citing the recognition of adolescence as a pre-adult stage, which can be easily amended to improve juvenile protection and rights. It warrants reconsideration to address the issues of justice, fairness, and rights of adolescents in handling consensual relationships not criminal under the given age of criminal responsibility. Thus, the current research work can be regarded as a significant contribution in the context of contemporary discourse on legal reform with presenting an in-depth discussion coupled with policy implications drawn from the findings.424 views
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Decoding the Status of FIR in Indian Criminal Trials: From Accusation to Evidence
Assistant Professor at Haldia Law College, IndiaPages 926 - 934In the Indian criminal justice system, the First Information Report (FIR), which initiates the investigation in accordance with Section 154 of the Code of Criminal Procedure, 1973, has substantial evidentiary significance. Despite not being considered substantive evidence, the FIR is crucial in supporting and refuting witness testimonies made during the trial. Its principal purpose is to initiate the criminal law by alerting the police to the occurrence of a crime that is subject to criminal prosecution. The specific facts and circumstances of each case determine the FIR’s evidentiary value. A timely FIR gives the prosecution’s case credibility, whereas a delayed FIR raises questions unless it is adequately explained, according to court rulings. Under Sections 145 and 157 of the Indian Evidence Act, 1872, a FIR may be used to support or refute the maker. Furthermore, if a witness’s court testimony deviates from the initial statement included in the FIR, the FIR may also be used to discredit them. An FIR filed by someone who was not present at the crime scene or who is merely a hearsay source, however, has little admissible evidence. Furthermore, the prosecution’s case is weakened by a FIR that is unclear or obscure. With the help of statutory legislation and court rulings, this article examines the legal rules governing the evidence value of FIRs. It seeks to shed light on how much a FIR affects the adjudication process and the measures taken to avoid abuse or improper influence on the trial.547 views -
The ever-increasing incidence of economic crimes in India and the tendency of criminals to flee abroad made the government realize the need for a strong legal system and in this context, the Fugitive Economic Offenders Act, 2018 was enacted. The main objective of FEOA is to take strict action against such big economic offenders who have fled abroad or refuse to return to India to avoid facing the legal process in India after committing economic fraud of ₹ 100 crore or more. This research paper presents a critical view of FEOA through an in-depth analysis of its constitutional validity, effectiveness, practical constraints and illustrative cases. Although FEOA contains stringent provisions for confiscation of property of economic offenders and denial of due process of justice, its implementation has faced several serious challenges such as confiscation of foreign assets, limitations of extradition agreements, judicial delays and violation of constitutional rights, which limit the effectiveness of FEOA. The findings of this research paper indicate that FEOA, though strong in purpose, requires international cooperation, institutional reforms, and review of legal provisions for its effective implementation. FEOA will achieve its objective only if it is implemented in a robust and equitable manner in practice533 views
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Despite the introduction of the Real Estate (Regulation and Development) Act (RERA) aimed at regulating the real estate sector and protecting the interests of homebuyers, many citizens in India continue to suffer due to the malpractices of unscrupulous builders. This paper examines the persistent issues faced by ordinary citizens who invest substantial amounts in properties yet fail to obtain possession due to delays, fraud, and non-compliance by builders. By analyzing the effectiveness of RERA and its implementation, the research highlights the gaps and challenges in ensuring timely delivery and transparency in real estate transactions. Furthermore, the study delves into the broader implications of these issues on the right to property, a fundamental human right, and explores how such violations undermine the socio-economic stability and trust of citizens in the legal system. Through a critical review of case studies, legal provisions, and enforcement mechanisms, this paper seeks to uncover the root causes of these problems and propose actionable solutions to enhance the protection of homebuyers' rights. The research underscores the need for stricter regulatory oversight and judicial intervention to uphold property rights and human rights in the real estate sector.536 views
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Transforming Customer Experience: The Role of AI in Managing ‘Unhappy Paths’
Senior Manager (Cx Design) at Flipkart Internet Pvt Ltd, IndiaPages 961 - 976The field of Customer Experience (CX) has evolved into a critical differentiator for organizations across industries, yet most design approaches remain biased toward the “happy path”—the idealized, seamless journey where everything works perfectly. This ignores the inescapable reality that real-world customer journeys are often fraught with failures, errors, delays, and rejections. These “unhappy paths” are not anomalies but integral, defining moments that shape customer trust, satisfaction, and loyalty. Historically, organizations have managed failure experiences in a fragmented, reactive, and often insensitive manner, treating them as operational burdens rather than strategic opportunities. With the advent of Artificial Intelligence (AI), there is unprecedented potential to reimagine how failures are anticipated, managed, and transformed into opportunities for building customer relationships. This paper critically examines how AI can be leveraged to redesign failure experiences by enabling predictive analytics, dynamic personalization, 24/7 conversational support, and automated redressal workflows. At the same time, it evaluates the significant legal and ethical implications associated with deploying AI in customer-facing processes, including data privacy, algorithmic transparency, bias mitigation, and consumer protection rights. Through a doctrinal legal analysis and interdisciplinary policy review, this study proposes a conceptual framework for responsible AI adoption in failure management, offering actionable insights for practitioners, regulators, and scholars alike. By embedding principles of fairness, transparency, privacy, and human-centered design into AI systems, organizations can not only comply with evolving regulatory regimes but also convert moments of failure into lasting competitive advantage.540 views -
Operation Med-Max: A Legal Case Study on the Enforcement of NDPS Act, Drugs and Cosmetics Act, CGST Act, 2017, Customs Act, 1962 and Prevention of Money Laundering Act, 2002
Assistant Director (Narcotics) at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, IndiaPages 977 - 987Operation Med-Mex explores a high-tech, narcotics trafficking network uncovered by the Narcotics Control Bureau, India. The syndicate used encrypted communication, cryptocurrency, and B2B commerce to traffic tramadol globally—deliberately avoiding domestic distribution. Operating through a covert call centre in Udupi, it leveraged educated operatives and decentralized logistics to build an international supply chain. The case examines the convergence of technology, pharmaceutical loopholes, and transnational crime.873 views -
Blood, Sweat, and Goals: The Human Cost of Hosting the Qatar 2022 FIFA World Cup
Student at Asian Law College, IndiaPages 988 - 999The FIFA World Cup 2022 in Qatar attracted international attention not merely because of its scale but also due to the serious human rights issues relating to its preparation. This paper critically analyses the use of migrant workers who played a crucial role in building the event facilities. Predominantly from South Asia and Africa, these migrant workers suffered under inhumane conditions of work, such as long working hours, unpaid or delayed wages, poor living conditions, and suppression of freedom of movement within the Kafala system. Though Qatar attempted to reform the labour legislation in light of international pressure, enforcement remained ineffective to a considerable extent, and exploitation continued. The article examines accounts from international bodies like Amnesty International, Human Rights Watch, and the International Labour Organization, identifying structural failures in safeguarding workers' rights. In addition, the article addresses the role of FIFA and other actors in facilitating or ignoring these abuses. This research demands tighter international responsibility mechanisms and binding legal regulations to ensure that human rights are not compromised for international sporting spectacles. The Qatar World Cup is a harsh reminder that without enforceable safeguards, vulnerable labour cohorts will still shoulder the unseen costs of international grandeur.638 views -
Pages 1000 - 1015The quick and swiftly evolving advanced new technologies has led to a rise in cyber fraud. Technology has completely overtaken people's life, with major consequences. Crimes of all types are committed online. As information spreads freely in cyberspace, countries prioritize implementing effective cyber security rules to reduce the risk of cybercrime. Due to usage of lot of Internet and Technology, developed and developing countries have become preferred destinations for cybercriminals. This review paper explores the comparative analysis of cyber laws of those nations that are widely recognized for their vigorous participation in the security of cyber space namely India, America, Britain and the Europe, focusing on how each jurisdiction addresses these challenges. The study investigates Individual rights by demonstrating significant pieces of legislation like the Data Protection Regulatory of Europe, India, USA and UK. The comparative study looks at these laws' benefits and drawbacks in relation to privacy of the data, cybersecurity. Our study uses a qualitative methodology to examine the effectiveness of these laws, the implications for business consumers and the role of international cooperation in countering cybercrime. The results show that different cultural, political, and economic considerations have influenced different approaches to cyber legislation, underscoring the need for regulatory harmonization to solve global data protection and cybersecurity issues. Our research offers insightful examination to aid the legislators and legal professionals working to draft strong and practical cyber laws in a digital environment which is threat to Personal Rights, Data Privacy and State Security.971 views
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Pages 1016 - 1024This paper delves into the evolution of India's competition law framework, tracing its origins from the post-liberalization era to the present discourse surrounding the necessity of ex-ante regulation for digital markets. It highlights the transition from the Monopolies and Restrictive Trade Practices (MRTP) Act, with its limitations rooted in excessive government control and a "per se" approach to market dominance, to the more contemporary Competition Act of 2002, influenced by the Raghavan and Sachar Committees' emphasis on a "rule of reason" approach. The paper critically examines the arguments presented by the Parliamentary Standing Committee on Finance (PSC) and global competition authorities advocating for an ex-ante framework, particularly in the context of rapidly evolving digital markets characterized by network effects and "winner-take-all" dynamics. It evaluates the perceived inadequacies of ex-post enforcement, the challenges faced by regulators, and the identified gaps within existing legal frameworks. Specifically within the Indian context, the paper analyzes the rationale for a Digital Competition Act (DCA). While acknowledging the unique challenges posed by digital markets, it scrutinizes the arguments concerning the timeliness of interventions and the effectiveness of redressal under the current Competition Act. The paper also considers the proactive steps taken by the Competition Commission of India (CCI) in addressing anti-competitive practices in the digital space and the recent amendments to the competition law, including the introduction of the Deal Value Threshold (DVT) and provisions on hub-and-spoke cartels. Ultimately, the paper concludes that while the concerns regarding competition in digital markets warrant serious attention, the Indian context presents a nuanced scenario where the CCI has demonstrated its capacity to intervene. The implementation of an ex-ante framework like the proposed DCA requires careful deliberation, balancing the need for timely action with principles of natural justice and due process. The paper underscores the importance of considering the potential benefits of an ex-ante regime against the backdrop of an evolving and increasingly robust existing competition law framework in India.483 views
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Pages 1025 - 1039One of the foremost significant societal structures in India, marriage has several customs and ceremonies. Marriage is regarded as a sacramental institution that validates a relationship between a man and a woman. Following the British invasion, Indian society largely adopted Western culture, which includes the idea of "live-in" partnerships, in which men and women live together without the formality of marriage. In ancient India, a marriage known as a Gandharva marriage occurred in which the bride and groom, based on mutual agreement, lived together without the approval of their parents or elders, despite the fact that live-in relationships look like a strange idea in India. The invasion of other rulers and certain people's moral preferences for their mates caused these marriages to gradually decrease. This custom has been given a new name in contemporary society: live-in relationships. Families changed as a result of the demographic shift and the advancement of education. Many people wait to get married until they are financially secure and have the education they want. They typically live together to see how well the two people get along, and living together is seen as a sign of finding a compatible mate. Live-in partnerships have significantly increased in India as a result of the economic liberalization brought forth by Western media. Following the capitalism era, when everyone's interests were prioritized, there was a rise in individualism. As a result, people began to focus on marriage as a way to choose their spouses and determine whether they were compatible. A domestic partnership is not illegal in India. Many societal groups do not embrace it because they believe it could lead to more adultery. Live-in relationships are not specifically covered by any laws, but numerous rulings have endorsed them in the absence of legislation. By means of the Protection of Women from Domestic Violence Act of 2005, the Honourable Courts safeguarded the rights of women and children. Every citizen has the unalienable basic right to marry, as stated in Article 21 of the Constitution. Both marriage and cohabitation are possible. They have a choice. According to Section 125 of the 1973 Criminal Procedure Code, a woman from a marriage-like union is likewise entitled to support. In live-in relationships, the partners deal with a number of problems, such as a lack of social acceptance, the absence of official documentation indicating live-in status, and caste and religious connection complications. The live-in relationship as an alternative to marriage was not acceptable in Indian society. The rise in live-in relationships and how society views them are the main topics of this article, which makes the case for the necessity of a distinct and secular legal framework for cohabitating partners. Through empirical study, the author also attempts to learn how individuals view cohabitation.1,272 views
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Pages 1040 - 1054The world is a global village with corporation no longer bound to their “native” to do business. But risk remains an intrinsic factor of all businesses and there are several that fail, in their wake they might stop their operations but leave their debts behind. In early industrial era, such debts were dealt on a national level. However, in the era of globalization, such solutions are no longer feasible. Today, countries are struggling with balancing the interest of nations with corporations to stay ahead in the economic race. Insolvency is a sensitive matter for both the corporation and the state which has to facilitate such process but within the globalized world there is a need for globalized insolvency process. On an international level, an endeavour in the form of UNICITRAL Model Law has been made which multiple nations have accepted, other nations have made relevant changes to their domestic laws to facilitate ‘cross-border’ insolvency but India stays on the backfoot with such changes. While Insolvency and Bankruptcy Code, 2016 provides for provisions that may facilitate cross-border insolvency, these provisions have yet to see real application. Stakeholders and research groups have come up with solutions with Insolvency Law Committee seeking implementation of ‘Draft Part Z’ but all of this remains theoretical. This paper examines the concept of ‘Cross-border Insolvency’ in light of governing judicial and administrative principles and draws a comparative analysis to accurately identify India’s stance on the issue along with potential suggestions.439 views
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Undefined and Unqualified: A Critique on the Absence of Expert Standards in India’s Digital Evidence Framework
Assistant professor of Law at the Central Law college, Salem, IndiaPages 1055 - 1068In the era of rapid digital transformation, electronic evidence plays a pivotal role in civil and criminal trials. However, the credibility and admissibility of such evidence often hinge on expert interpretation. Despite this, Indian law continues to lack a clear statutory framework for recognizing and regulating electronic experts. It continues to recognize only traditional expert categories, such as handwriting or medical experts, and omits any mention of electronic or digital experts, despite the rising significance of technology in modern legal disputes. While the Bharatiya Sakshya Adhiniya, 2023 recognizes expert opinions in areas like handwriting and fingerprint analysis, and courts have a long-standing tradition of relying on such expertise with established interpretative standards, the same cannot be said for electronic or digital experts. Handwriting experts, for instance, benefit from decades of judicial interpretation, clear training protocols, and institutional recognition through forensic science laboratories. This legislative silence creates ambiguity, inconsistent judicial practices, and the risk of admitting evidence based on unverified or unqualified opinions, ultimately undermining the fairness of trial and the rule of law. The absence of statutory recognition for electronic experts also opens the door to misuse, manipulation, and challenges to evidentiary integrity. In this context, there is an urgent need for comprehensive legal reform to define electronic experts, establish qualification standards, and create a regulatory mechanism that ensures only competent and credible professionals assist the courts in interpreting electronic evidence. This article critically examines the legislative gap concerning the definition, qualification, and recognition of electronic experts in India. The paper also reviews judicial trends, comparative international frameworks, and proposes legal reforms. These include the introduction of a statutory definition, accreditation criteria, training mechanisms, and regulatory oversight to ensure consistency and reliability in expert testimony on electronic records.667 views -
Access to Justice for Women in India: Challenges and Realities
Advocate in IndiaPages 1069 - 1085Access to justice is a fundamental aspect of any democratic society and serves as a critical mechanism for the protection of individual rights and the promotion of equality. In India, although numerous laws and constitutional provisions aim to safeguard women’s rights, the actual process of seeking justice remains complex and often inaccessible for many women. This paper explores the multifaceted barriers that women face in accessing justice, ranging from social stigma and economic hardship to institutional apathy and legal illiteracy. Through an in-depth examination of the legal framework, key challenges, case studies, and the role of various stakeholders, this research highlights the persistent gap between legal rights on paper and their realization in practice. Special attention is given to intersectional factors such as caste, class, religion, and geography, which further marginalize certain groups of women and exacerbate their struggles within the justice system. The study also evaluates efforts made by the state, judiciary, and civil society to bridge this gap and recommends actionable reforms aimed at making justice more inclusive, accessible, and gender-sensitive. Ultimately, the paper argues that achieving meaningful access to justice for women in India requires more than legal reforms—it demands a broader societal transformation rooted in gender equity and social justice.943 views -
Space Debris and Environmental Hazards: A Legal Analysis of Orbital Pollution and Global Regulatory Challenges
I/c Principal at SVKM's Jitendra Chauhan College of Law, Mumbai, IndiaPages 1086 - 1094The exponential increase in space debris presents a growing threat not only to the functional spacecraft and satellite infrastructure but also to the orbital environment. With the increase in space activities originating from commercial ventures and states, Earth's orbital space has become congested and increasingly unsafe with the accumulation of defunct satellites, fragments of spent rockets, and debris created by collisions. The paper touches upon space debris from an environmental law perspective and assesses whether the current legal framework can deal with this emerging problem. Though treaties like the Outer Space Treaty (1967) and the Liability Convention (1972) provide the basic international norms for governance of activities in space, they do not contain any binding obligations for debris mitigation or environmental protection in outer space. Other non-binding instruments-the UNCOPUOS Space Debris Mitigation Guidelines and the Long-Term Sustainability Guidelines-remain mere recommendations without enforcement capacity. Principles of environmental law like precautionary principle, polluter pays principle, and sustainable development have hardly found any application in space governance due to jurisdiction It also surveys national approaches, highlighting how local regulations are working against global efforts due to their disparities. In the vacuum of an enforceable international treaty regulating space debris, this regulatory vacuum might lead to on-orbit environmental degradation similar to what we have witnessed on Earth. The study ends by proposing a legal framework in which space law could be integrated with environmental principles to advance the enactment of a binding multilateral treaty and universally accepted standards for debris mitigation with the inclusion of environmental impact assessments. Some remediation of orbital pollution as an environmental hazard is necessitated for the sustenance of space activities into the future.661 views -
Pages 1095 - 1108Indian men's legal rights in marriage-related issues and family law concerns are covered in this chapter. Section 498A IPC and the Domestic Violence Act are critically examined in light of gender neutrality in law. These laws protect women from harassment, cruelty, and domestic abuse, major societal concerns. Over time, questions have arisen about their abuse and legal prejudice against males. Many men and their families have suffered unfair arrests, mental agony, financial hardships, and lengthy legal battles due to false charges. Judicial interpretations, landmark judgements, and statistics are examined to determine how these laws are applied in real-lives. It explores how courts have identified abuse and prevented unfair prosecution. Falsely accused males face persecution, social humiliation, and financial devastation due to insufficient legal protections. The research also explores how such instances effect child custody, alimony, and property settlements, which can damage men's life. This chapter examines the psychological, social, and economic effects of false allegations on males. Many wrongly accused males suffer sadness, anxiety, and reputation loss, hurting their personal and professional life. Due to lengthy court fights, accused families endure social estrangement and financial hardship. These incidents demonstrate the need for legislative reforms and improved ways to distinguish abuse from deception. Men in India can quash false cases, file counter-suits for defamation and perjury, and seek compensation for unfair prosecution. These therapies are time-consuming and expensive, leaving many men with little choices. Also highlighted are human rights organisations, men's rights campaigners, and legal advocacy groups' roles in spreading awareness. India has seen a rising debate on men's rights and calls for gender-inclusive legislation which protect both of them in common. Some experts propose men's commissions like the National Women Commission to counter false claims, marital abuse, and legal harassment. judicial changes, enforcement improvements, and awareness efforts are needed to build a fair and balanced judicial system. This report recommends policy, judicial, and legislative changes to promote gender-neutral justice. This chapter addresses the legal, social, and psychological barriers wrongly accused males have to participate to the gender equality and legal justice discourse in India.1,909 views
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Pages 1109 - 1128The concept of constitutionalism has veritably evolved over the years, from simply reflecting the nature of governance, to limiting the scope of governance as per the accepted rules, and thereafter to ensure that the governance reflects the upliftment of the socio-economic conditions of the individuals. Substantive constitutionalism has traditionally been deemed to mirror the notion of legal constitutionalism, which essentially means the entrenchment of core constitutional values in a written document, with a corollary provision for strong-form judicial review to protect those fundamental values. Political constitutionalism of a jurisdiction like the UK, however, has continued to challenge this notion by effectively incorporating substantive rules of constitutionalism within the realm of its largely unwritten constitution, based primarily on the doctrine of parliamentary sovereignty. Global constitutionalism, emerging from a decentralized global constitution with largely unwritten rules, has proposed the idea of ‘constitutionalism in transit’ in the context of an increasingly interconnected global world. The purpose of this paper is to define and elucidate how the unwritten rules of a nation-state (the UK) and that of the global constitution are able to broadly implement and enforce the contemporary tenets of maximum constitutionalism.354 views
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Anatomy of Capital Market Fraud: Companies Flouting the Regulations
Assistant Professor at National Law University Odisha, IndiaPages 1129 - 1139Corporate fraud is a business risk which ultimately leads to death of the company. According to recent Economic Times, one out of five top executives of global corporations are apprehensive of investing in India because of concerns around frauds said Global Fraud and Risk Survey for 2016 published by Kroll, a global risk solutions provider . Corporate fraud is one of the major reason for discouraging foreign investors to invest in India. In corporate fraud generally top key managerial persons, accounting heads are involved for fund diversion. Corporate fraud encompasses wide area of fraud in private companies, public companies, government companies, public sector undertakings etc. This research is limited to a class of corporate fraud i.e capital market fraud. After Satyam in 2008, Kingfisher, Sahara, Sharada scams have created havoc in capital market. Investors are hysterical to invest in capital market. Despite of numerous SEBI and Companies Act, 2013 legislation, regulation, rules, circulars, notifications it is difficult to prevent fraud in capital market. Anticipating similar kinds of frauds every time SEBI plays an active role in promulgating new regulation, rules, notification to prevent such scams in future. The companies always outsmart such legislation, regulations etc. to commit corporate fraud. The companies should set boundaries of their own to prevent corporate fraud. In the era of transparency and accountability the investors should be assured to make a well informed investment. The real cause of corporate fraud is information based on which the fraud is organized by the companies which the regulators fail to anticipate.363 views -
Gender Equality in Succession Laws: Hindu Succession Act 1956
Student at Maharashtra National Law University, Nagpur, IndiaPages 1140 - 1156Succession laws determine how property is passed down through generations playing a pivotal role in shaping socio-economic hierarchies and reinforcing—or challenging—existing social norms. Despite that, they have long mirrored patriarchal structures, often marginalizing women and entirely excluding transgender individuals which is profoundly problematic as a fair and inclusive inheritance law can promote social justice and gender equality, while a biased one can perpetuate discrimination and inequality. The Hindu Succession Act, 1956 was a significant step toward codifying inheritance rights for Hindus, but it initially favoured male heirs, restricting women’s rights to some extent. Over time, legal reforms, particularly the 2005 amendment, have attempted to bridge these gaps by granting daughters equal coparcenary rights. However, data and judicial interpretation reveal that the practical implementation of these rights remains inconsistent, especially in rural areas where agricultural land—often excluded from the Act’s purview—is a primary asset. The paper also explores the largely unaddressed issue of inheritance rights for transgender individuals, who remain legally and socially invisible within existing succession laws. Despite progressive judicial recognition in cases like NALSA v. Union of India, the Hindu Succession Act and other personal laws continue to operate within a binary gender framework, leaving transgender persons in a legal vacuum vulnerable to exclusion and discrimination. Through an analysis of legal provisions and case laws, this paper highlights the progress made and the challenges that remain in ensuring truly inclusive and equitable succession laws. It argues that while the Hindu Succession Act has evolved, further reforms and judicial interpretations are needed to guarantee equal inheritance rights for all genders, ensuring that legal protections extend beyond just men and women to include the transgender community as well.530 views -
Role of the Judiciary in the Protection of Digital Rights of Children in India
LL.M. student at University School of Law, Rayat Bahra University, Kharar, SAS Nagar, Mohali, IndiaPages 1157 - 1167In the current era of the digital world, children are increasingly active in the virtual world of education, socialization, and recreation. Exposure to this, however, has associated risks in the form of cyberbullying, grooming, abuse of data, and harmful contents. Safety of the digital rights of children including the right of privacy, safety, access, and participation has become an increasing concern in India. The current research paper takes into account the active intervention by the judiciary of India in the enforcement of the said rights in the process of progressive law interpretation, judicial activism, and system reforms. Referencing key judgments such as that of the Chief of Justice K.S. Puttaswamy v. Union of India (2017) and Just Rights for Children Alliance v. S. Harish (2024), the paper evaluates the expansion of the reach of the fundamental rights under the Constitution by courts in fighting the notion of online harm. It also charts judicial orders to the State and the digital platforms aiming at regulating hurtful contents in the name of child safety. Although much has been accomplished, the study identifies existing legal and institutional loopholes, in specific terms, the nonexistence of child-centric data protection law and delays in implementing the same.453 views -
The Right to Life and Personal Liberty
Student at KIIT School of Law, IndiaPages 1168 - 1174The word “life” as engaged by Article 21 takes in its sweep not only the concept of mere physical existence by also finer values of life including the right to work and right to livelihood. This right is a fundamental right certain to all persons residing in India, citizens and non-citizens alike. Right to life including right to livelihood and work as guaranteed by Article 21 is not abridged to a mere paper tired expression but is kept alive, lively and pulsating so that the country can successfully march towards the affirmed goal of company of an egalitarian society as envisaged by the beginning fathers while enacting the constitution of India along with its preamble.401 views -
Pages 1175 - 1189This paper critically investigates how the Criminal Procedure (Identification) Act, 2022 impacts marginalized and backward populations in India, with a case focus on Chhattisgarh. It argues that technology-based laws, if imposed without context-sensitive application, deepen structural injustice. Using the lens of Rawlsian equity and Ambedkarite social democracy, the paper offers a human dignity–centered model for implementing biometric laws in underdeveloped regions.351 views
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Pages 1190 - 1203This piece critically examines the constitutional and philosophical implications of the Criminal Procedure (Identification) Act, 2022. This piece contends that while the Act strengthens the evidentiary and identification power of the state, it threatens to upset the precarious balance between state power and liberty. Based on the Puttaswamy privacy doctrine, Foucault's surveillance theory, and comparative law perspective, this piece critiques whether liberty is compatible with a digitalized criminal justice system.388 views
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Protection of Minority Groups under International Law during the 1971 Genocide: A Study in Madhupur of Tangail District
LL.M. Student at Department of Law, University of Rajshahi, BangladeshPages 1204 - 1240The Bangladesh Liberation War of 1971 was marked by widespread atrocities, including targeted violence against minorities. This research investigates the protection of minority communities under International Law during the 1971 genocide in Bangladesh, particularly in Madhupur, a region within Tangail District. This study aims to evaluate the effectiveness of International Law frameworks in safeguarding these communities amidst the conflict. Focusing on the specific context of Madhupur, the research examines the implementation and enforcement of international legal protections during the genocide. The study employs an empirical research design, integrating historical analysis, case study methods, and legal analysis. Primary data is collected through survivor interviews, archival government and military documents, and reports from international and local non-governmental organizations. Secondary data includes academic literature on the 1971 war, legal texts on international law, and previous case studies on genocide. The research identifies specific failures in the enforcement of international law, exacerbated by political, logistical, and contextual challenges. These failures had profound short-term and long-term impacts on the minority communities, contributing to extensive loss of life, displacement, and enduring trauma. The study concludes with suggestions for strengthening the protection of minorities in future conflicts. The research underscores the necessity for robust and practical implementations of international law to prevent similar atrocities. By critically assessing the historical and legal aspects of the 1971 genocide in Madhupur, this study contributes to the broader discourse on genocide prevention and minority rights. It provides valuable insights for policymakers, legal practitioners, and scholars, aiming to enhance the protection frameworks and ensure accountability in the face of such human rights violations.349 views -
From Clicks to Cravings: The Recipe behind Zomato’s Marketing
Student at Meerut University, IndiaPages 1241 - 1254This study investigates the impact of digital transformation on the marketing strategies of Zomato, a leading food delivery platform, within an increasingly competitive landscape. As digital technologies reshape consumer behaviour, understanding effective marketing approaches is crucial for sustaining brand loyalty and market share. This research explores Zomato’s brand positioning as a comprehensive food discovery platform, emphasizing its unique value proposition that integrates quality, variety, and community engagement. Through an analysis of digital customer engagement strategies, loyalty programs, and technological advancements, this study highlights how Zomato leverages user-generated content and personalized recommendations to enhance consumer experience. Furthermore, it compares Zomato’s marketing initiatives with key competitor, Swiggy and Uber Eats. By synthesizing existing literature and empirical data, this study explores Zomato’s adaptive digital marketing strategies and highlights the importance of innovation in food delivery, offering insights and recommendations for future growth in the digital era.576 views -
An Inquest to the Definition of Crime
Associate Professor and Principal at Faculty of Law, ICFAI University, Tripura, IndiaPages 1255 - 1261To define any phenomena or any concept is very difficult is a very difficult because it is a scientific process. The definition of a social concept is very much objective in nature. There should not be any room for ambiguity or implication in a definition. Giving a definition is not an exception as well. To defining an act as a crime is very difficult task because criminality cannot be imposed on any person by way of implication or on the basis of vague idea. There are many criminologists who have tried to define crime by their own assumption. Every such definition is also criticized by other criminologist as based on vague ideas. In this paper, it is tried to discuss the various definition of crime put forward by the criminologist and also have endeavor to find out a proper definition in a very objective way.579 views -
Tech Meets Trade: International Arbitration in the Era of Fintech and Cryptocurrencies
Student at University of Mumbai Law Academy, University of Mumbai, IndiaPages 1262 - 1282In a time marked by the rapid advancement of financial technologies and digital assets, international arbitration is becoming an essential tool for addressing complex cross-border disputes. This research paper talks about the intersection of FinTech, cryptocurrencies, and international commercial arbitration, highlighting the challenges and opportunities that arise from decentralized technologies such as smart contracts, blockchain platforms, and digital currencies. It recognizes the diverse legal disputes present in this ecosystem spanning contractual failures, data breaches, investor conflicts, and regulatory ambiguities and evaluates how arbitration provides a flexible, confidential, and enforceable framework that is well-suited to the ever-changing landscape of digital finance. The study further explores the evolution of traditional arbitration frameworks through institutional reforms, including the implementation of Digital Dispute Resolution Rules (DDRR), JAMS Smart Contract Arbitration Guidelines, and the Blockchain Expedited Arbitration Rules by LCAM. Additionally, the paper addresses significant concerns regarding arbitrability, jurisdiction, and enforceability, particularly in decentralized and pseudonymous transaction contexts. It emphasizes the difficulties associated with cross-border enforcement, the public policy exception, and the technological challenges in tracing and recovering crypto-assets.By drawing on pivotal case laws, model arbitration laws, and comparative jurisdictional perspectives, the paper highlights the strategic importance of well-crafted arbitration clauses, hybrid enforcement models, and arbitrators with technological expertise. Ultimately, it contends that international arbitration, with its intrinsic flexibility and global enforceability, is uniquely positioned to maintain legal certainty and commercial trust in the era of FinTech and cryptocurrency.733 views -
Pages 1283 - 1292Children are the future and a symbol of the prosperity of the world. Children are also the prospectus in life of every nation, but in spite of too much so called development in 21st century we stand at same footing and call them vulnerable group. In our constitution there are so many provisions relating to children's dignity, freedom, child care and protection from exploitation and moral and material abandonment. Child has rights, but due to age constraints they are unable to claim her/his rights. Unfortunately, the rights of child care exercised by proxy through their family, school, society and as well as the governments and they are discriminated in every society. In other words it can be said that, these very agencies are responsible for violating children's rights in many ways. All children in similar circumstances are required to be treated in similar manner and if not so treated, such treatment can be challenges on the ground of discrimination and arbitrariness.367 views
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IBC Role in Curbing Non-Performing Assets (NPAs): A New Era of Credit Discipline
Student at National Law Institute University, Bhopal, IndiaPages 1293 - 1302There is nothing in this world that is flawless, and everything has pros and cons of its own. This premise is applicable to all government-formulated legislation and policies, regardless of their type or character and the IBC is not an exception. The government implemented the Insolvency and Bankruptcy Code in 2016 with the intention of ending the non-performing assets (NPA) crisis in India and facilitating the free flow of credit across the economy. While the IBC has contributed to a measurable improvement in debt recovery and resolution efficiency, several structural and procedural challenges continue to limit its effectiveness. Despite giving the impression of being a strong and smart policy, the IBC ultimately fell victim to the system’s flaws. The paper also highlights the influence of industry-specific risks on NPAs, with the aviation sector serving as a critical case study. The ongoing insolvency proceedings of Go First Airlines (2023–24) underscore how volatile input costs (especially aviation turbine fuel), regulatory rigidity, and global contractual conflicts (e.g., with aircraft lessors under the Cape Town Convention) amplify financial distress and complicate resolution. This reveals the limitations of a uniform insolvency framework in addressing sectoral vulnerabilities.In this context, the paper argues for sector-sensitive insolvency protocols, institutional reforms, pre-default risk detection, and improved regulatory coordination to enhance the effectiveness of the IBC. Despite its shortcomings, the IBC has been a landmark reform that has shifted the balance of power towards creditors, reduced the culture of willful default, and improved India’s global rankings in ease of doing business and credit enforcement. Thus, with targeted refinements, the IBC holds strong potential not only to resolve existing NPAs but also to prevent their recurrence ushering in a new era of responsible borrowing and sustainable credit culture in India.574 views -
Pages 1303 - 1317The current study provides an in-depth comparative study of the Land Acquisition Act of 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, also known as LARR Act, 2013. The research is based on the shift of the laws of land acquisition in India, associated with the colonial hertigate of arbitrariness and inappropriate compensation to the advanced, rights-based legislation. When the Act of 1894 came into operation, more than a century ago, it did not contain any protection to the landowners, displaced persons especially in aspects of adequate compensation, rehabilitation, and transparency. Rapid urbanisation and development of infrastructure have brought a lot of disharmony to the forefront due to misuse of the emergency provisions and lack of a consent mechanism, with major unrest being witnessed in areas such as Singur and Nandigram. Due to the increasing calls on equity, the LARR Act, 2013 was passed to cater to such historical injustices. The Act of 2013 came up with numerous radical provisions, such as the affirmative consent of the families that will be affected, the Social Impact Assessment, and the increased compensation mechanism where the land in the rural setting can be valued up to four times the market value. The act also offers such benefits as rehabilitation and resettlement not only to the title-holders but also to the informal settlers and dependants on livelihoods. This paper discusses how the reforms have transformed the land governance system that was based on coercion in land acquisition to participatory land governance that is in tandem with the values of constitutional and human dignity. It also explores the issue of implementation problems and state variance, have made the act subject to disparities in law and procedure. The Act also influences the Public Sector Understandings (PSUs) and the effect of its adherence is also discussed and given an example of how it has changed the land acquisition process in the energy, transportation and hydrocarbon sector. Although a new standard on equitable development has been established under the LARR Act, 2013, the study has concluded that the continued institutional sponsorship and equal application are requirements to achieve its transformative power.1,519 views
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Towards Ethical Corporates: The Convergence of SFIO Action and Company Secretarial Oversight
Advocate & Research Guide in IndiaPages 1318 - 1333This paper explores the statutory and operational framework of the Serious Fraud Investigation Office (SFIO) under the Companies Act, 2013, and critically analyses the expanding role of Company Secretaries (CS) in corporate fraud prevention, compliance, and investigation. As key governance professionals, CSs are not only responsible for regulatory adherence but also act as ethical stewards within their organizations. Through legal provisions, case law, and practical scenarios, the article evaluates the intersection of enforcement via SFIO and internal compliance led by CSs, offering recommendations to enhance the synergy between corporate governance and fraud investigation mechanisms.366 views -
Pages 1334 - 1347The increasing prevalence of environmental degradation and as a major national problem forced the Indian state to re-examine its modes of governance. With the enactment of the National Green Tribunal Act, 2010, a paradigm shift has taken place in India toward a more specialized, scientific, and effective judicial response to environmental disputes in India. This paper critically evaluates the role of the NGT in consolidating environmental governance, its role in achieving environmental justice and its impact on the larger legal and policy framework in India. The paper considers the effectiveness of the NGT, its key decisions, limitations, and its concurrence with India’s international environmental obligations via both doctrinal and empirical analysis. The research seeks to shed light in the public debates over institutional change, environmental responsiveness, and judicial creativity in environmental law.557 views
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Financing of the International Criminal Court and the Role of the Trust Fund: A Legal Analysis
Assistant Professor of Law at Vignan's Foundation for Science, Technology and Research, IndiaPages 1348 - 1367As the International Criminal Court (ICC) operates on a global stage and serves as a permanent court to ensure accountability for the gravest international crimes such as Genocide, Crimes against Humanity etc., understanding the financing of the court is of paramount importance. This research paper examines into the financial sources that sustain the operations of the International Criminal Court by highlighting the role played by the Trust Fund. The paper begins by exploring the context of ICCs establishment and the financial model adopted by the court which relies on the Contributions from the member states and the International Organizations. The first part of the paper is sheds light on the financing of the ICC, sources and challenges it faces in securing a stable funding. The second part of the paper is dedicated to the Trust Fund, its functions, responsibilities of the fund and also by highlighting the crucial role of Trust Fund in supporting the victims of the International Crimes and the affected communities. The paper also assesses the challenges faced by the ICC and the Trust Fund in gathering the contributions and also it explores the potential reforms and the innovative financial mechanisms that could enhance the courts financial resilience, ensuring its continued ability to deliver justice.460 views -
Digital Transformation of Criminal Justice System: Challenges and the Way Forward
Assistant Professor at School of Law and Public Policy, Avantika University, Ujjain, M.P., IndiaPages 1368 - 1379The modernization of criminal laws represents more than just a legal transformation as it reaffirms the commitment of people so that justice aligns with the evolving needs of society. This criminal law reform endeavors to place India towards a fairer, accessible and advanced legal framework. As the process of criminal law reform has begun and the introduction of these reformed laws points to a future where justice is not only delivered, but is also inclusive and reflective of our vibrant democratic values. Criminal justice system encompasses a set of laws, processes and judicial framework which is deliberated to prevent, detect, prosecute and penalize crimes with also safeguarding the rights and safety of the individuals. It is an instrument of acceptable and non acceptable social control. It includes entities such as police, judiciary, legislative institutions as well as supportive organizations like forensic and investigation agencies. Though India has evolved its criminal justice system with the help of significant amendments and judicial pronouncements, but the time has come to change the status quo of the legislations on criminal laws and addressing their complicated ambiguities. It is often said that India’s criminal justice system is flooded with problems which seem deep rooted not only in the constitutional organizational structure of institutions, but also in the actions of its functionaries. The current legal framework has been in place for a long time and the new criminal law reform is a significant step towards improving the justice system. The end result of any legislation must be to introduce more approachable, fair and better adapted procedures to meet the changing needs of society. These reforms are considered crucial for upgrading the Indian justice system and recognizing the limitations of Macaulay made laws which were established during the colonial era and were focused on maintaining order rather than ensuring justice.485 views -
Pages 1380 - 1385The legal architecture addressing domestic violence in India, particularly addressing the women in 2005 made a law which is inherently gender-specific, conceptualizing domestic abuse as mainly a MALE TO A FEMALE phenomenon. While this gender biased included sociological perspective gives us a reality which necessitated such gender protections, on a legal invisibility on groups other than women such as male, transgender, and non-binary victims. Let’s also not forget women as Perpetrators of crime associated under this. They have always been regarded as a victim, but what happens aftermath the domestic violence is also dangerous to think of as the trauma behaviour gives rise to a criminality which is born from the gender specific rules of the legal system of the country. Through a complete doctrinal analysis this paper focuses on the troubles of the present system and focuses on gender specific domestic violence completely ignoring that the word ‘domestic’ may include anybody from the sphere of household relationships, if interpreted widely. If compared to international practices, Domestic Abuse Act,2021 (UK) reconceptualizes domestic violence as not a gender specific crime anymore, but an abuse of power within intimation or familial relationships.811 views
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Pages 1386 - 1404The right to high-quality and reliable healthcare of the prisoners has been a pillar of human dignity and a cornerstone of international human rights law. Nevertheless, although in instruments like the International Covenant on Civil and Political Rights (ICCPR), the United Nations Standard Minimum Rules for the Treatment of Prisoners (colloquially referred to as the Mandela Rules) and others, this right is explicitly recognized, detainees worldwide still find it hard to obtain proper medical and mental health care. We critically discuss in this paper the legal structures that should ensure such care, and evaluate the effectiveness with which the contemporary prison systems adhere to this objective. The debate relies on global agreements, national law and judicial pronouncements which require health services in detention settings to consider physical health as well as mental wellbeing. The results highlight the key barriers, which are mainly overcrowding, poor infrastructure, inaccessibility of specialists, and systematic negligence, that often lead to the infringement of healthcare rights of prisoners. They also indicate that implementation is lopsided due to a lack of uniform standards across jurisdictions as well as due to the fact that monitoring mechanisms are frequently inadequate. When combined, these observations reveal a glaring discrepancy: whereas international law and policy provide a definite benchmark regarding the provision of sufficient prison healthcare, a considerable number of states fail to meet their international obligations. In conclusion, I will say that there should be a better protection of the law and increased supervision to ensure that the right to healthcare of inmates may finally become a reality, and not a dream. Filling this enforcement gap will require far-reaching changes that will better match current prison healthcare delivery with the norms established in international human rights law.742 views
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Climate of an organization is somewhat like the personality of a person. Just as every individual has a personality that makes him unique and different from other persons. Each organization has an organizational climate that clearly distinguishes it from other organizations. Motivation can often be used as a tool to help predict behaviour, it varies greatly among individuals and must often be combined with ability and environmental factors to actually influence behaviour and performance. A structured questionnaire was used to collect primary data from a sample of 100 Educational Professionals, which included 50 males and 50 females. The data was acquired using the Organizational Climate Inventory developed by Som Nath Chattopadhyay and Work Motivation Questionnaire developed by K.G. Agarwal. Pearson’s correlation test was used in the statistical analysis. The research focuses on the impact of Organizational Climate and Work Motivation among Educational Professionals. The results showed the significant relationship between Organizational Climate and Work Motivation. In particular, this study is a contribution towards the changing era.403 views
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The Paradox of Protection Israel’s Right to Self-Defence and its Erosion through Conduct
LL.M (Human Rights Law) student at University of Bristol, United KingdomPages 1421 - 1432This paper argues that Israel has a right to self-defence under international law, but contends that its conduct in Gaza and the West Bank often compromises that very entitlement. To make this case, it first unpacks the classic elements of lawful self-defence material, temporal and personal showing how each is meant to constrain a state’s use of force. It then turns to the twin principles of necessity and proportionality, assessing whether Israel’s military responses to rocket fire and low-intensity West Bank incidents genuinely meet these strict criteria. Building on that foundation, the paper explores key International Humanitarian Law safeguards distinction between combatants and civilians, proportionality in attack, and the duty to take all feasible precautions. Drawing on ICRC analyses, ICJ jurisprudence and humanitarian reports, it highlights instances where broad bombardments, pre-emptive raids and punitive demolitions appear to stray beyond legal bounds. Throughout, the discussion balances Israel’s legitimate security concerns with the human cost of its operations, asking whether tactics that inflict civilian harm and blur combatant-civilian lines ultimately erode the very legal framework that justifies self-defence. In doing so, this paper offers a nuanced, human-centred critique of how Israel’s actions both invoke and undermine its right to protect itself.404 views -
The Rise of Ecocide Laws: A Global Shift towards Environmental Justice
Advocate at Amritsar District Court, Amritsar, IndiaPages 1433 - 1450This paper explores the evolving concept of ecocide—the large-scale destruction of the natural environment—and the rising global advocacy for its recognition as an international crime. Rooted in the environmental devastation witnessed during the Vietnam War, the term ecocide has gradually gained legal and moral traction over the decades. Initially conceptualized as a broad ethical concern, it has now become a subject of serious legal reform, with increasing support from environmentalists, scientists, and legal scholars worldwide. The paper traces the historical background of ecocide, examining how its meaning has evolved and the growing momentum for its criminalization under international law, particularly through the proposed inclusion in the Rome Statute of the International Criminal Court (ICC). It further analyses the pioneering steps taken by countries such as Ecuador, France, and New Zealand, which have granted legal personhood to nature or formally recognized ecocide within their national legal frameworks. These examples highlight a shift from anthropocentric to ecocentric governance, where nature is seen not just as a resource, but as a rights-bearing entity. The paper also critically assesses India’s position, highlighting its rich biodiversity and environmental legislation, while pointing to the lack of a defined legal stance on ecocide. India's potential role in shaping global ecocide jurisprudence is discussed, along with the need to align its legal and policy frameworks with emerging international norms. The paper offers suggestions such as incorporating ecocide into domestic law, strengthening enforcement mechanisms, raising public awareness, and advocating for international cooperation. Recognizing ecocide as a crime is not only a legal necessity but a moral imperative—one that offers a pathway to environmental justice, accountability, and sustainable development for present and future generations.396 views -
Empowering Future Lawyers: Advancing Clinical Legal Education for Access to Justice in Bangladesh
Lecturer at Department of Law, Leading University, Sylhet, BangladeshPages 1451 - 1462Legal education in Bangladesh remains largely theoretical, creating a gap between academic knowledge and practical legal skills required for effective lawyering in real field. Clinical Legal Education (CLE) is a crucial aspect of law teaching methodology of practical legal training through moot-court, mock-trial, participation of the students in alternative dispute resolution and also in public legal education, particularly through Law Clinics in university law departments, presents a valuable pedagogical tool for addressing this deficiency. This article examines how Law Clinics serve as a pioneering platform for law students to develop essential skills such as client interviewing, case management, courtroom advocacy, judicial activism , and procedural law application for empowering future lawyers. The study emphasizes the need for institutional support, practical training by legal experts i.e. veteran Advocates, Judicial Magistrates, Judges of sessions court, Judges of civil courts, judicial exposure, and curricular reform to incorporate the mainstream CLE in Bangladesh’s legal education system.444 views -
Adultery demonstrates the tension between a person's quest for happiness and social pressure. According to section 497 of the Indian Penal Code, 1860, adultery is no longer a crime in India. Legal research of how various legal systems regulate married people's adulterous behavior shows that the social norms around sexual morality at the time the law was created had a significant impact on the definition of adultery. One's initial reaction upon witnessing the reality is one of shock at the state's blatant intrusion into what appear to be private sexual areas of life. The paper's main focus is on the psychological implications of adultery, societal perspectives, legal repercussions, cultural differences, or depictions of adultery in India. A lady is exempt from the law of adultery. Section 497 of the Indian Penal Code, 1860 was drafted prior to the 150-year colonial period in India. Since then, it has been embroiled in contentious debates for a number of reasons, including its gender bias, reflection of cultural conflicts, and questioning of the cause of equality. There have also been compelling arguments made for its retention, modification, or removal from penal statutes. The study also explores important court rulings that have influenced the conversation about infidelity in India.. This research attempts to offer a nuanced view of how adultery is legally defined, prosecuted, and understood in the Indian legal system by looking at the cultural and social factors impacting legal perspectives. The results of this study add to the larger discussion about how morality, the law, and individual liberties interact with regard to Indian marriages. This study has made an effort to explain these disputes from a legal perspective in modern-day India. After attempting to study adultery from a legal conceptual standpoint, this research article looked at its influence, effect, and relationship to other factors like marital bonds, property claims, over the progeny, remarriage, and divorce. In summary, by providing insights into the changing nature of these laws and their effects on both individuals and society, this research work advances our understanding of the legal intricacies surrounding adultery in India. The results offer a starting point for well-informed conversations about possible changes and factors to be taken into account for a legal system that is in line with modern values and social standards.701 views
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Pages 1471 - 1477In recent years, it is stated that stock market is gained high level importance in investment progress. Likewise macroeconomic variable, derivatives, equities are playing major role in stock market because it is termed as important figure based on socioeconomic and political forum. In this research paper, attempt has been made to explore the relation especially the causal relationship. Many commodities and in the financial market has Increased globalization and financial integration which led to volatility and uncertainty. To mitigate the effects of these fundamental risks, financial derivatives were introduced. Therefore, diagnose interrelationship between these two variables is need .This study enhance the interrelationship between currency exchange rate and stock market performance. For this we have selected Real Broad Effective Exchange Rate of monthly average rates as an independent variable and NSE Index as a dependent variable and data are collected for the period of 5 years and 6 months starting from January 2020to June 2025. All the data are collected and analysed with the usage of econometric tool. An accurate analysis is determined.305 views
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Role of Multimedia in Education
Assistant Professor at St. Joseph College for Women, Gorakhpur, U.P., IndiaPages 1478 - 1500Multimedia has emerged as a transformative force in modern education, redefining how content is delivered, perceived, and retained. This study explores the integration of multimedia tools—including text, audio, video, animations, and simulations—into various educational contexts. It examines their effectiveness in improving learning outcomes, enriching teaching methodologies, and fostering greater student engagement. Grounded in key psychological and pedagogical theories, such as Mayer’s Cognitive Theory of Multimedia Learning and Constructivist Learning Theory, the paper highlights how multimedia enhances comprehension, supports different learning styles, and promotes active knowledge construction. Through a review of case studies—including platforms like Khan Academy and digital initiatives in India—this study presents empirical evidence of the positive impact of multimedia on student performance. Additionally, the paper addresses the challenges associated with multimedia integration, including the digital divide, cognitive overload, and the need for educator training. While acknowledging these limitations, it also emphasizes the potential of emerging technologies like artificial intelligence and virtual reality to further personalize and democratize education. Ultimately, this study underscores that when effectively designed and implemented, multimedia serves as a powerful catalyst for inclusive, engaging, and effective learning experiences.742 views -
Climate of an organization is somewhat like the personality of a person. Just as every individual has a personality that makes him unique and different from other persons. Each organization has an organizational climate that clearly distinguishes it from other organizations. Job satisfaction happens when an employee feels he or she is having job stability, career growth and a comfortable work life balance. This implies that the employee is having satisfaction at job as the work meets the expectations of the individual. A structured questionnaire was used to collect primary data from a sample of 100 Educational Professionals, which included 50 males and 50 females. The data was acquired using the Organizational Climate Inventory developed by Som Nath Chattopadhyay and Job Satisfaction Scale developed by Dr. Amar Singh and Dr. T.R. Sharma. Pearson’s correlation test was used in the statistical analysis. The research focuses on the impact of Organizational Climate and Job Satisfaction among Educational Professionals. The result showed the significant relationship between Organizational Climate and Job Satisfaction among Educational Professionals. In particular, this study is a contribution towards the changing era.257 views
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Compliance or Collapse: The Legal Burden on Indian Employers under the New Labour Codes
Advocate at Punjab, IndiaPages 1518 - 1533The enactment of India’s four consolidated Labour Codes—on Wages, Social Security, Industrial Relations, and Occupational Safety—was heralded as a landmark step towards rationalizing and modernizing the country’s labour law regime. While these reforms aim to simplify compliance and enhance worker welfare, they simultaneously impose a complex and often disproportionate burden on employers, particularly those in the MSME and start-up sectors. The new codes mandate an expanded range of compliance obligations without providing corresponding legal safeguards or procedural protections for employers, who often remain exposed to bureaucratic discretion, penal liability, and operational disruption. This article critically examines the asymmetrical nature of these legal reforms, arguing that the Labour Codes prioritize worker rights at the cost of employer viability and business continuity. The paper explores how the statutory framework lacks provisions for addressing employer grievances, protecting against vexatious claims or strikes, and offering clear dispute resolution pathways. Drawing comparative lessons from jurisdictions like the UK, Canada, and Singapore, the article proposes a balanced labour governance model that recognizes the rights and realities of employers, thereby ensuring regulatory fairness, industrial peace, and sustainable compliance.346 views -
Pages 1534 - 1542After independence, Uttarakhand became India's first state to enact and implement a Uniform Civil Code (UCC) for its residents. Article 44 of the Constitution of India, a directive principle of state policy, incorporates the unequivocal intention of the Constitution maker “to secure for the citizen a Uniform Civil Code throughout the territory of India.” Although the UCC of Uttarakhand is not applicable throughout the territory of India, it is a crucial law and serves as a blueprint for a UCC for the entire country. The goal of the Code of Uttarakhand is to establish a uniform personal law that applies to all residents of Uttarakhand, regardless of their religion. This article seeks to explore the journey of codifying personal law in India, underscoring the hurdles in implementing a Uniform Civil Code across the country. What were the concerns of the British and the Constituent Assembly? The article also highlights the pros, cons, and salient features of the Uniform Civil Code in Uttarakhand in 2024. What could the future path look like regarding personal law?446 views
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Pages 1543 - 1554An important piece of legislation in India's efforts to treat young offenders with rehabilitation and a child-centred approach is the Juvenile Justice (Care and Protection of Children) Act, 2015. This study critically looks at the opportunities and difficulties related to this Act's implementation. With a multidisciplinary approach that includes legal, social, and psychological aspects, the study looks to offer a thorough comprehension of the Act's influence on the juvenile justice system. According to the research, there are several difficulties, such as unclear definitions and assessments of juveniles, overburdened infrastructure and resources, insufficient stakeholder training, socioeconomic inequalities, and problems with rehabilitation and reintegration. The study also examines the potential of diversionary tactics to lower recidivism rates among young offenders and evaluates their efficacy. On the other hand, the report also identifies a number of encouraging opportunities for the Act's effective execution. These include the creation of juvenile justice boards, a greater emphasis on rehabilitation, and innovative strategies like restorative justice techniques. Furthermore, the Act's focus on the rights and protection of children is examined in light of changing public beliefs of young offenders. To give a fair and insightful analysis, this study uses a wide range of sources, such as case studies, empirical data, legislative texts, and interviews with important players. By examining both the challenges and prospects, this paper offers valuable insights for policymakers, legal practitioners, social workers, and scholars, aiming to contribute to the ongoing discourse surrounding juvenile justice reform in India.515 views
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Criminalising Dissent: Preventive Detention and the Shrinking Space for Constitutional Liberty in India
Student at School of Law, Babasaheb Bhimrao Ambedkar (Central) University, Lucknow, IndiaPages 1555 - 1570In the world’s largest democracy, liberty was intended to be fundamental, not contingent upon circumstances. However, the existence and frequent invocation of preventive detention laws in India present one of the most perplexing paradoxes of its constitutional framework. Preventive detention empowers the state to detain individuals without judicial proceedings, not for their past actions, but for potential future conduct. Initially, this measure was meant to protect our nation and keep things in order. Its vague and subjective rules have made it a tool for punishing people before they even do anything wrong. Over the past decade, India has observed a concerning trend wherein peaceful protestors, student leaders, journalists, and dissenters are increasingly detained under laws such as the National Security Act, 1980 without providing charge sheets, undergoing trials, or subjecting to public scrutiny. This paper delves into the way preventive detention, once envisaged as a necessary evil for exceptional emergencies, has now become a routine instrument for criminalising dissent and restricting civil liberties, thereby posing a grave threat to the very constitutional values it was ostensibly intended to uphold. In a democratic society, dissent is not a criminal offence; rather, it constitutes a legitimate form of civic engagement and expression. It serves as a citizen’s voice, raised not in rebellion but in a spirit of responsibility and accountability. Dissent is essential for preserving the spirit of our Constitution and ensuring that the principles of justice and equality are upheld. The use of preventive detention as a means of suppressing dissent is a cause for concern. This paper aims to analyse the legal framework surrounding preventive detention in India and examine its misuse in criminalising dissent. It will explore how preventive detention is being misused to restrict the freedom of expression and dissent.330 views -
Legal Frameworks for Peaceful Dispute Resolution: The Interplay of the ICJ, UN, Arbitral Awards, and Mediation in International Law
Student at School of Law, Babasaheb Bhimrao Ambedkar (Central) University, Lucknow, IndiaPages 1571 - 1595This paper provides a comprehensive overview and critical analysis of the mechanisms available for the peaceful settlement of international disputes. Grounded in the key provisions of the United Nations Charter, particularly Articles 2(3) and 33, the discussion explores how the commitment to peaceful dispute resolution contributes to global stability and justice. The central role of the International Court of Justice (ICJ) as the primary judicial organ of the UN is examined, with particular attention to its jurisdiction, procedural rules, and its contributions to international law through both contentious cases and advisory opinions. The work further assesses the significance of other UN organs, including the Security Council and General Assembly, in facilitating dispute resolution, and considers the impact of preventive diplomacy and the Secretary-General’s “good offices” in conflict prevention. International arbitration is addressed through the frameworks of the Permanent Court of Arbitration, the UNCITRAL rules, and the ICSID, highlighting both the adaptability and enforcement challenges of arbitration as a mechanism. The analysis also explores mediation and notes its voluntary, confidential, and non-binding nature, as well as recent changes brought about by conventions like the Singapore Convention on Mediation, which are transforming the status of mediation in international practice. Through the detailed case study of the Iran-U.S. Hostage Crisis and other landmark disputes, the interplay and complementarity of mediation, arbitration, and judicial adjudication are illustrated, demonstrating how these approaches often function sequentially or together rather than as alternatives. The paper critically assesses the limitations these mechanisms encounter, including the consent-based nature of jurisdiction, deficits in enforcement, politicisation, and power imbalances, especially within institutions such as the UN Security Council and international arbitral tribunals. Ultimately, while the existing architecture for peaceful dispute resolution is robust and adaptable, persistent challenges demonstrate the need for further reform. Expanding compulsory jurisdiction, enhancing transparency, improving enforcement mechanisms, and reinforcing institutional impartiality are identified as imperative for ensuring these mechanisms continue to uphold the rule of law, equity, and global order in an increasingly complex world.376 views -
From Big ‘C’ to Small ‘c’: How Comparative Constitutional Law Transformed Preventive Detention in Bangladesh
Junior Associate at Haque and Associates, BangladeshPages 1596 - 1600This article talks about how the preventive detention law in Bangladesh was transformed though the impact of comparative constitutional law by relying on the principle of Small ‘c’ constitution. The unlimited and unfettered power of the Government by virtue or article 33 of the Constitution of Bangladesh and the Special Powers Act, 1974 was limited though the landmark case of Mrs. Aruna Sen vs Government of Bangladesh 27 DLR (HCD) 122. Throughout this article the impact of various judicial decisions of foreign countries which allowed the Court to establish that the authority of the Government to exercise the power of preventive detention must ben reasonable and subject to judicial scrutiny has been highlighted. The impact of such foreign judgement is the said impact of Small ‘c’ constitution which transformed the law of preventive detention in Bangladesh.797 views -
The Law of Defamation: Deviance and Manipulation
Student at Government Law College, Mumbai, IndiaPages 1601 - 1611The misuse of defamation is severe since it has been developed mainly through common law in England but has been inappropriately fitted into the criminal system and civil litigation in India. The very fact that India does not have a civil law on defamation, results in the criminal law on defamation being used inappropriately. Defamation as a law, was never formulated to be used by and against political opponents. The monetary power of opponents overwhelms litigation in such cases, subverting the due process of law. In the same context, satire against political personalities especially must be protected as a livelihood. Reports by established media houses must face greater scrutiny in certain cases. Truth or falsity of the statement must be considered foremost in most cases, especially with regards to statements on public figures. Degrading metaphors may not always be defamatory on a prima facie view if opinion of the person is not formed on the basis of it. Vulgar slangs, abuses make such metaphors disparaging in essence. Honest opinions based on true facts and academic discussions can never qualify as defamatory. In India, speech is restricted by the standards of the society. Most of these restrictions are applicable on statements in relation to women, children, religious figures.585 views -
The legal framework that currently oversees the property rights of Hindu women is the outcome of centuries of social, religious, and legal development. But still there are major obstacles and ambiguities in the execution of the Act, eventually molding its practical application. This research work establishes the framework for the investigation of Uttar Pradesh women’s real property rights, particularly in view of the 2005 Hindu Succession (Amendment) Act. It outlines the research approach taken to look into this issue, including the specific objectives meant to determine women’s awareness of their rights and the factors influencing their ability to exercise them. This research work goes into great detail about the research goals that guided this study, the main hypothesis that suggested a connection between awareness and claim, and the methodological plan that included the chosen sample strategies and data collection techniques in the Uttar Pradesh context. This research work ultimately establishes the framework for an empirical study that seeks to provide perceptive viewpoints on the ongoing struggle for gender equality in property ownership in Uttar Pradesh, a significant sociocultural hub.403 views
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Climate Change, Water Pollution, and Health: Examining Legal Responses and Policy Frameworks in India
Assistant Professor at Department of Law, Arunodaya University, Arunachal Pradesh, IndiaPages 1642 - 1655As climate change intensifies, it exacerbates existing water quality issues and introduces new health risks, particularly in vulnerable communities lacking availability of pure water. The study examines the result of climate-induced changes, such as altered rainfall patterns, increased flooding, and prolonged droughts, which compromise water availability and quality, leading to a rise in waterborne diseases and other health complications. Furthermore, the paper critically assesses India's legal and policy frameworks addressing these interconnected challenges. Despite the establishment of various environmental laws and regulations, significant gaps remain in their enforcement and effectiveness. The analysis highlights the requirement for more robust regulatory frameworks, improved compliance, and community-centric approaches that prioritize health and sustainability. Ultimately, the article aims to provide insights into how India's legal landscape can evolve to better protect water resources and public health in the face of ongoing climate change, advocating for a comprehensive and integrated approach to ensure a sustainable and equitable future for all.386 views -
Pages 1656 - 1670Trade secrets have become essential resources for preserving a competitive edge and promoting long-term company success in the contemporary innovation-driven economy. Trade secrets, as opposed to other types of intellectual property like patents or trademarks, are safeguarded by internal safeguards and confidentiality rather than registration. The legal, technological, and policy frameworks pertaining to trade secret protection in a globalized and digital setting are thoroughly examined in this essay. The article starts out by going over the key traits that make up trade secrets and their strategic value to companies. The article then looks at the various legal systems in different countries, such as the Defend Trade Secrets Act (DTSA) in the US, the Trade Secrets Directive in the EU, and the common law system in India. It emphasizes the increasing global trend toward harmonization through treaties like TRIPS . It also explores the growing risks that trade secrets confront, including as insider threats, cybercrime, and employee mobility. There includes a thorough discussion of the difficulties of litigation and enforcement, especially the costs of proof and jurisdictional discrepancies. The article also discusses restitution, monetary damages, and injunctive relief as remedies for misappropriation. The paper highlights the growing difficulties brought about by cloud storage, artificial intelligence, and remote work in the context of digital transformation, all of which have changed the trade secret management environment. It also discusses important policy issues, such as the conflict between public interest and corporate secrecy, the length of time that trade secrets are protected, and employee rights. This article's multifaceted viewpoint emphasizes the need for strong legal protections, corporate governance, and international collaboration to guarantee the efficient protection of trade secrets in a quickly changing technical and economic landscape.365 views
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Shareholder Activism: Comparative Analysis in India and UK
LL.M. (Corporate Law) student at Vivekananda Institute of Professional Studies, GSGIP University, IndiaPages 1671 - 1690Shareholder Activism encapsulates a new dimension in the area of corporate governance. Decision-making power of the shareholders play an integral role in corporate meetings. The activism culminates as an important right for the shareholders who takes decision and thereby influencing the company’s policies as a whole. The amendments in the company’s policies will thereby increase the shareholder’s value and will enable the shareholders to actively participate in the company meetings. When the shareholder feels that certain amendments should be done in these policies then the concept of shareholder activism came into limelight. The minority shareholder on the other hand faces oppression due to mismanagement of the company’s affairs. Due to oppression and mismanagement of the company’s affairs, the rights of minority shareholders are at stake and they are usually in an disadvantageous situations with limited voting rights. This activism will provide an ample opportunity for them such as active participation of the shareholders, better management strategies of the organisation and equal voting rights to both majority as well as minority shareholders. This will ensure the transparency and fairness in the organisation. This foremost step will outshine the rights of the minority shareholders who are less considered while decision-making is conducted in an organization. Through my research paper, I have highlighted as to how there has been an immense rise of activism in United Kingdom but on the other hand, Indian Government are still working on this concept which will protect the rights of the shareholders in the near future. Therefore, Shareholder Activism acts as a beam of light for the minority shareholders which will prove to be a great contribution towards the growth of corporate governance.443 views -
The Securities and Exchange Board of India: A Comprehensive Study on Its Evolution, Issues, and Strategic Responses
Student at School of Excellence in Law, TNDALU, IndiaPages 1691 - 1704This study offers an in-depth exploration of the Securities and Exchange Board of India (SEBI), tracing its evolution from a non-statutory body in 1988 to a statutory regulatory authority in 1992. The paper examines SEBI’s foundational objectives—investor protection, market development, and regulation—and how they have adapted to meet the challenges of a rapidly evolving financial ecosystem. It highlights the transformation of India’s securities market from a fragmented, paper-based system plagued by scams and manipulation to a modern, digitized, and transparent platform. However, the study also sheds light on prevailing concerns such as unregulated trading apps, fraudulent platforms, market manipulation, and cyber risks. Particular focus is placed on the lack of investor awareness, misuse of leverage, and the proliferation of Ponzi schemes disguised as investment platforms. The paper critically evaluates SEBI’s strategic countermeasures, including regulatory reforms, investor education initiatives, technological integration, and surveillance mechanisms. It underscores the importance of stringent licensing, transparent operations, and legal enforcement to protect retail investors. Conclusively, the paper asserts that while SEBI has significantly strengthened market integrity, ongoing vigilance and adaptive regulation are vital in an era of increasing digital finance and complex investment products.548 views -
Violence against Women in Punjab with special reference to District Ludhiana: A Socio-Legal Study
LL.M. Student at CT University, Ludhiana, IndiaPages 1705 - 1733Violence has many forms and the perpetrator can commit violence against the easy or vulnerable victim. The human civilization from dark ages to the today’s technological era has always witnessed in one form or the other violence against women not only by the men but by the same gender as well. Although, there are ample laws to prevent the violence against women, it is yet a distant dream to enforce those laws. This paper endeavours to highlight the lacunas in the law and its enforcement in India.388 views -
Corporate Social Responsibility in India: A Legal Mandate Rooted in Ethical Tradition
Student at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University (A Central University) Lucknow, Uttar Pradesh, IndiaPages 1734 - 1749Corporate Social Responsibility (CSR) has emerged as a critical component of modern business practices, particularly in developing economies like India. This paper examines the evolution, implementation, and impact of CSR in India through a comprehensive legal and ethical analysis. The study traces the journey from voluntary CSR initiatives before 2013 to the mandatory framework established under the Companies Act, 2013. Through an examination of legal frameworks, case studies, and practical applications, this research analyzes the effectiveness of India's unique approach to mandating CSR spending. The paper explores the intersection of CSR with human rights, environmental concerns, and sustainable development goals, while addressing the challenges and opportunities in the current regulatory landscape. The findings suggest that while mandatory CSR has increased corporate spending on social initiatives, significant challenges remain in terms of implementation, monitoring, and achieving desired social outcomes.492 views -
Geopolitics of IP: Cross-Border Enforcement and Trade Retaliation Risks in South Asia
Research Scholar at Maharashtra National Law University, Mumbai, IndiaPages 1750 - 1764In the evolving landscape of global trade and diplomacy, intellectual property (IP) has emerged not merely as a tool for innovation protection, but as a potent instrument of geopolitical influence. This paper critically interrogates the geopolitical dimensions of cross-border IP enforcement in South Asia, with a specific focus on India’s strategic deployment of IP as a tool of regional power projection and trade negotiation. By analyzing India’s border enforcement practices and IP diplomacy vis-à-vis China, Sri Lanka, and Bangladesh, the study illuminates how legal instruments rooted in multilateral frameworks such as the TRIPS Agreement are increasingly being reframed through national security discourses, retaliatory trade measures, and regional realpolitik. The paper explores how India’s alignment with TRIPS-plus standards, selective invocation of enforcement powers at borders, and bilateral capacity-building initiatives are shaping regional compliance architectures, while also generating friction in asymmetric economic relationships. It further investigates instances where IP enforcement intersects with trade retaliation—particularly in the wake of geopolitical tensions with China and growing anxieties over counterfeit flows from neighboring economies. Drawing on legal texts, WTO submissions, customs data, and case law, the study examines the normative elasticity of IP obligations, the use of seizure and suspension powers as soft coercive tools, and the emergence of “IP securitization” as part of India’s broader strategic calculus. Ultimately, the paper argues that IP enforcement at borders has transcended its traditional technocratic confines, now operating within a broader matrix of economic diplomacy, regional competitiveness, and geopolitical signaling. The study calls for a recalibration of South Asia’s IP enforcement frameworks—one that balances legal predictability with geopolitical prudence—while resisting the weaponization of IP that may destabilize regional trade relations and development trajectories.253 views -
Environmental Taxation: A Study on the Fragmented Legislations in India
Advocate at RVJ Law Associates, IndiaPages 1765 - 1794The growing environmental challenges in India underscore the urgent need for a structured environmental taxation system. Within this context, tax and cess must not only penalize activities that are harmful to the environment but also serve as tools to fund sustainable initiatives. Despite this evolving and urgent need, India still lacks a unified national framework to regulate such endeavors, instead what exists are fragments of what one hopes for an integrated legislation. To address the same, this research paper analyses the state-level legislation concerning environmental taxation, focusing on the collection and allocation of the received funds toward ecological projects. To resolve the evident gaps in the data transparency, the present study relies on information that was obtained through filing of the RTI’s through the Right to Information Act, 2005. Based on the findings, the paper proposes a National Green Tax regime that is comprehensive and transparent while ensuring accountability and uniformity across jurisdictions.343 views -
Public Interest Litigation and Legal Framework: Indian Perspective
Associate Dean and Assistant Professor, ICFAI Law School, The ICFAI University, Jaipur, Rajasthan, IndiaPages 1795 - 1816The main purpose of the paper is to interpret the meaningful purpose, leading to the procedure of Public Interest Litigation. The paper will enhance the procedure for Public Interest Litigation, its meaning, and the main significance of its purpose for the same. Public Interest Litigation (PIL) has a vast role in the judicial system that comprises the civil justice system with the major objective of conventional private litigation. It provides a system for enhanced justice in society which enforces ample rights to the people along with civil society to be well aware of human rights. It helps in the significant participation in the governmental decision procedure which enhances the Indian PIL experience to be more critical in a way of fulfilling their private interest along with the political settlement. The right to access justice from the court is also available to individuals who are aggrieved. The affected or the aggrieved party is allowed to approach the court under the law of redressal for PIL. Similarly, it is a mechanism that addresses individual rights when violated. Majorly India follows the rule of locus standi, which means only the party affected can approach the court whose right is violated. As an outcome, it creates a new principle as a strategy for individuals representing their political, social as well as economic constraints. The PIL is one of an initiative by the Indian judiciary to meet such a situation where this doctrine has been tried to address ignorant or illiterate parties who cannot afford to handle or are indigent.437 views -
Unravelling Social Inclusion: India’s Introduction to Joint Bank Accounts For LGBTQ+ Community
Student at Presidency School of Law, Presidency University, Bengaluru, IndiaPages 1817 - 1824The introduction of joint bank accounts for the LGBTQ+ community in India represents a significant advancement toward social inclusion and economic empowerment. This paper examines the implications of this financial innovation within India’s evolving legal and societal landscape concerning LGBTQ+ rights. The decriminalization of consensual same-sex relationships in 2018 marked a pivotal moment, opening doors for financial inclusion that had previously been denied due to systemic discrimination. Joint bank accounts enable LGBTQ+ couples to manage their finances collaboratively, enhancing access to credit, savings, and investment opportunities. This financial inclusion fosters greater economic stability, allowing LGBTQ+ individuals to participate fully in the economy. Moreover, these accounts symbolize recognition and validation of LGBTQ+ relationships, challenging societal norms and promoting acceptance. However, challenges remain. Many LGBTQ+ individuals still face discrimination within financial institutions, and cultural stigma persists, hindering the utilization of joint accounts. Awareness of the benefits of joint accounts, particularly in rural areas, is also limited. The study emphasizes the role of government policy and advocacy organizations in promoting financial literacy and inclusion for the LGBTQ+ community. Educational initiatives are essential to inform individuals about their rights and available banking services. Additionally, advocacy for policy changes is critical to ensure equal treatment in financial institutions. Through case studies and interviews, the research explores the experiences of LGBTQ+ individuals utilizing joint accounts, highlighting their perceptions of safety and empowerment. This paper contributes to the discourse on social inclusion by examining the intersection of finance, identity, and social justice in contemporary India, underscoring the need for continued efforts to dismantle barriers to equality.199 views -
Fundamental Right to Vote: Yet another Supreme Court guarantee
Associate Professor at VPM's TMC Law College, Thane, IndiaPages 1825 - 1829Universal Declaration of Human Rights in Article 21 recognizes right to vote as a human right of a national of a country. It is surprising that the world’s largest democracy has no provision to recognize right to vote as a fundamental right. India has seen 18 Lok Sabhas. Constitution is amended 106 times till now and yet no amends were made in that regard. It took the apex court of the country to declare right to vote as a fundamental right by construing the sacred constitution. This paper traces the developments leading to the recognition of peoples’ fundamental right to vote.219 views -
A Comprehensive Study of Section 89 of the CPC, 1908: The Role of Alternative Dispute Resolution in Civil Litigation
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 1830 - 1836There was need for another forum to reduce the burden of the court as there were increase in the number of lis pendent in the court. Some people found that the court proceedings were complicated and involved a lot of technicalities. The court process was found to be more rigid for the given situation. The main objective of Alternative dispute resolution is to have a different method to resolve a conflict between parties in an amicable manner. This process will lead to satisfaction for both the properties and will aid them to reach a settlement out of the court. This has been in practice for a long time in the form of panchayat where a neutral third party who is an elder of a particular community. The 222nd Report of the Law Commission of India highlights the significant barriers to accessing justice, particularly for the economically and socially disadvantaged. Recognizing the challenges posed by poverty, illiteracy, and ignorance, the legal system has promoted Alternative Dispute Resolution mechanisms to provide quicker, more cost-effective, and less adversarial solutions. Section 89 of the Code of Civil Procedure (CPC), 1908, introduced ADR methods such as arbitration, mediation, conciliation, and judicial settlement. The primary objective is to reduce the burden on courts and ensure timely justice. Similarly, the enactment of the Arbitration and Conciliation Act, 1996, was a significant step towards modernizing arbitration laws in line with international standards under UNCITRAL. ADR offers a more accessible platform for dispute resolution, especially for individuals who cannot afford prolonged litigation. It also promotes amicable settlements, which is particularly beneficial in civil, commercial, and family disputes. The government’s support for ADR showcases its commitment to making justice accessible for all, aligning with the constitutional mandate of Article 39A.882 views -
Public Interest Litigation in ‘Environmental Matters’
LL.M. student at University of Nottingham, EnglandPages 1837 - 1843The traditional law of litigation is founded upon the principle of locus standi, limiting access to judicial remedies to individuals who are directly affected by a cause of action. This restrictive approach, however, underwent a transformative shift in India during the 1980s with the advent of Public Interest Litigation (PIL). Conceived as a judicial innovation to address socio-political realities, PILs empower individuals or groups to approach the courts on behalf of those who are unable to assert their own rights. Over time, the scope of PILs has been broadened to protect the interests of larger sections of society, particularly in matters concerning environmental protection. Recognizing the right to a clean environment as intrinsic to the right to life under Article 21 of the Constitution, Indian courts have relaxed procedural formalities in environmental PILs, thereby advancing access to justice. This article critically examines the evolution of environmental PILs in India, focusing on both procedural and substantive dimensions, through the lens of constitutional mandates, judicial interpretations, and statutory frameworks, including the Code of Civil Procedure, 1908.746 views -
A Comparative Study of the Indian Constitution & Global Constitutional Norms through the Lens of International Law
Research Scholar at Faculty of Law, University of Lucknow U.P. IndiaPages 1844 - 1854This paper analyzes the alignment between domestic self-defence norms and international legal obligations, focusing on India’s dualistic constitutional model and its interrelationship with Article 51 of the UN Charter. Using theoretical legal research and comparative constitutional approaches in India, the United States, Germany, and South Africa, combined with an analysis of UN Charter provisions and International Court of Justice jurisprudence, it evaluates how self-defense has embedded in each legal system. The paper analysis India’s broad “reasonable apprehension” standard versus strict international norms, highlighting significant divergences in imminent limits while demonstrating a shared emphasis on necessity and proportionality. The study concludes by recommending constitutional or legislative amendments to harmonize India’s self-defense provisions with Article 51 norms, thereby bolstering both state security and compliance with the UN Charter framework. As India faces complex security challenges, clarifying self-defense norms is of utmost importance to balance sovereignty with the rules-based international order.499 views -
Pages 1855 - 1866Legal research occupies a unique yet unsettled space within academic inquiry rooted in tradition, yet often resistant to methodological reflection and innovation. This paper critically examines the conceptual and methodological gaps that hinder the development of legal research as a coherent discipline. It highlights the persistent confusion between sources and data, the absence of a distinct methodological identity, and the overreliance on doctrinal approaches that fail to capture law’s interaction with society. The marginalization of socio-legal perspectives and the superficial adoption of qualitative methods further illustrate the epistemic and practical limitations of current research practices. Central to this critique is the discipline’s neglect of foundational philosophical questions specifically, ontology and epistemology which serve as the basis for methodological coherence in other fields. The paper argues that legal research must move beyond inherited doctrinalism and uncritical borrowing from the social sciences toward an integrated, discipline-sensitive methodology. By advocating for a pluralistic approach that combines normative analysis with empirical insight, and that is grounded in a clear understanding of law's dual character as both a normative and social institution, the paper proposes a framework capable of revitalizing legal scholarship. This rethinking is essential if legal research is to produce knowledge that is not only academically rigorous but also responsive to contemporary societal challenges such as global inequality, technological change, and climate justice.428 views
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Rationale and Concept of Free Legal Aid in India
Student at SRM Institute of Science and Technology, Kattankulathur, IndiaPages 1867 - 1875This article critically analyses the concept of free legal aid in India and rationale behind the concept. The analysis covers the constitutional status provided to the concept along with the available statutory framework for effective implementation and governance of legal aid schemes and initiatives formulated by the state. The analysis made in this article substantially focuses on the authorities and their functions who are responsible for ensuring compliance with the constitutional and statutory obligations. Judicial interpretations are included in this article to substantiate the analysis. Legal awareness programmes conducted by the respective authorities and their impact on the legal assistance system of India is also discussed. The article also touches areas like procedure for applying to legal aid, Lok adalat, and the challenges faced in the implementation process. The key goal of this article is to effectively analyse in detail the above discussed aspects of free legal aid in India.364 views -
Pages 1876 - 1890This paper analyzes the role of the National Green Tribunal (NGT) as a pivotal judicial body in India's fight against severe air pollution. In a landscape where traditional legal and regulatory frameworks have proved insufficient, the NGT has emerged as a proactive and assertive "Green Hammer." The research posits that the Tribunal’s impact is two-fold: first, by innovatively interpreting and upholding the constitutional right to a clean environment as an integral part of the Right to Life under Article 21. This approach transforms a passive constitutional guarantee into an actionable right, compelling government and private entities to prioritize environmental protection. Second, the NGT acts as a powerful enforcement mechanism, utilizing its specialized expertise to issue stringent directives and impose punitive measures. The paper examines key case studies, including the NGT's landmark ban on older diesel vehicles in the National Capital Region (NCR), a decisive measure to combat vehicular emissions. It also explores the Tribunal's consistent efforts to curb agricultural stubble burning, a major contributor to seasonal air pollution, through a combination of directives and fines. By analyzing these examples, this paper demonstrates how the NGT's unique judicial activism and enforcement capabilities are indispensable to securing India's right to clean air, thereby functioning as a crucial guardian of public health and ecological balance.303 views
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Balancing Centralization with Decentralization in India’s Fiscal Federalism for a Globally Integrated Economy
Ph.D. Scholar at Dharmashastra National Law University, Jabalpur, IndiaPages 1891 - 1904The Constitution of India undoubtedly establishes a federal system of government, characterized by a decentralized sub-national government. The globalization of the economy indicated the necessity and efficiency of a more centralized approach of the government. Following the economic liberalization in 1992, India integrated its economy into global market, necessitating gradual modifications in the interaction model between the Centre and States. Yet, never has an attempt been made to modify the scheme of distribution of fiscal powers between the two federating units. It was only in 2016 with the Constitution (One Hundred and First Amendment) Act, 2016, that the original scheme of the distribution of fiscal powers between the federating units was modified towards a more centralized uniform system. This deviation caused concerns over the loss of fiscal autonomy by the States and posed questions of balance between the Central and State fiscal powers finding solutions in the models of interaction between the federating units. Cooperative federalism has been suggested as a plausible solution to the maintenance of balance in the federal system as envisaged by the Constitution of India. This paper explores the true import of Cooperative federalism and analyses it as an instrument to balance centralization, a necessity for a globally integrated economy, with decentralization, a necessary element of the federal system. The research paper is divided into three parts. The first part is dedicated to establishing the tenets of fiscal federalism in India with focus on the essence of the subnational government's autonomy. The second part explores centralization and decentralization to their varying degrees in the prescriptions of the Constitution of India. This part explores decentralization as one of the key elements of the federal system, arguing that centralization may not always be against the scheme of federalism. The third part discusses the cooperative federalism as an instrument to balance decentralization as an element of federalism with centralization as a necessity for a globally integrated economy.602 views -
Victimology and Restorative Justice in Indian Legal Framework: A Critical Law and Policy Analysis
Student at Narsee Monjee Institute of Management Studies, Chandigarh, IndiaPages 1905 - 1917The Indian criminal justice system has traditionally given emphasis on the relationship between the State and the offender, often marginalizing the rights and needs of the victim. However, contemporary developments in victimology and restorative justice in the Indian legal system depicted a growing shift towards a more inclusive, curative as well as reparative justice model. This article investigates the growth of victim-centric justice in India, guided by a strong thesis: the Indian legal framework must systematically incorporate restorative justice mechanisms to provide meaningful protection, participation and reparation for the victims. This article explores and presents the case for systemizing restorative justice in criminal law, citing necessary statutory provisions, landmark decisions and enforcement mechanisms.647 views -
Putting Labor Rights in the U.S in Jeopardy: Representation of the Significance of Legal Education
LL.M from Texas A&M University, School of Law, United States of AmericaPages 1918 - 1937Violations of labor rights have been constant in the United States, and millions of laborers in multiple industries especially the low wage earners, immigrants, and gig economy workers are affected by various forms of violations. Wage theft, workplace discrimination, working under unsafe conditions, and union retaliation are still common practices faced by the vast majority of workers even though the country has comprehensive labor laws, such as the Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), and Occupational Safety and Health Act (OSHA). The present article is a reflection on the origin of these persistent abuses and underlines the importance of legal education in alleviating these wrong doings. The article cancels out the most crucial tendencies in labor law infringement based on the recent data provided by federal and state labor agencies, advocacy groups, and scholarly works. The article also reveals the most impacted industries, and demographical categories. It also evaluates the efficiency of legislation systems and laws enforcement. The main thesis is that the legal literacy and education, be it formal (in schools and law courses) or informal (through unions, non-governmental institutions, local workshops, etc.), play a significant role in empowering workers, enhancing reports, and reinforcing enforcement. In addition, the paper addresses the issue of access to legal education through cost, language, fear of reprisal, and a small reach, especially among disadvantaged populations. It suggests policy recommendations to enable policy to be carried out in terms of integrating legal learning in state institutions, trade occupations, and employment training programs. In the final analysis, this paper should make the case that legal literacy should not only be employed as a means of individual empowerment but should be positioned as another prescription to the fulfillment of labor justice in the U.S. on a broader sense.332 views -
Navigating the Labyrinth: Protecting Traditional Cultural Expressions under Intellectual Property Rights in India
Ph.D. Research Scholar of Law at Bundelkhand University, Jhansi, IndiaPages 1938 - 1958Traditional Cultural Expressions (TCEs), encompassing both tangible and intangible forms like folklore, are vital to the identity, recognition, and livelihood of indigenous and tribal communities. Despite their significance, TCEs in India face substantial challenges under the current Intellectual Property Rights (IPRs) regime, leaving them vulnerable to commercial exploitation and misappropriation. This article, drawing on a comprehensive doctrinal analysis, explores the fundamental concepts of culture, traditional knowledge (TK), and TCEs within the Indian legal landscape, critically examining the limitations of existing IP laws—including trademarks, industrial designs, trade secrets, geographical indications, and copyright—in adequately safeguarding these invaluable cultural assets. It highlights how modernization, digitalization, and globalization exacerbate exploitation, leading to economic, social, and ethical predicaments for traditional communities. The analysis demonstrates that the current IP system, designed primarily for individual authorship, limited duration, and tangible fixation, is ill-suited to the communal, age-old, and often intangible nature of TCEs. Consequently, the article concludes that the legal safeguards provided by the Indian Constitution and conventional IPR laws are insufficient. It advocates for the urgent establishment of a well-balanced sui generis system, alongside amendments to existing IP laws and robust policy initiatives, to ensure perpetual communal ownership, equitable benefit-sharing, and comprehensive protection against the unjust exploitation and erosion of India's rich traditional cultural heritage.273 views -
Impact of Emotional Destruction of Married Couples due to Social Media
Counsellor and a Psychologist in IndiaPages 1959 - 1973The increasing penetration of social media into everyday life has significantly altered the dynamics of human relationships, particularly within marriages. While social media offers the potential for enhanced connectivity and communication, its impact on marital relationships is far from benign. This paper explores the emotional destruction caused to married couples due to excessive social media usage. It draws upon extensive research and real-world observations to examine both the positive and negative aspects of social media's influence on marriages. Social media has facilitated communication in long-distance relationships and provided platforms for individuals to stay connected with family, friends, and partners. However, the emotional destruction within marriages is often a direct result of the time, energy, and emotional investments diverted into online interactions. Couples may experience emotional distance, leading to weakened emotional intimacy, as partners often find themselves preoccupied with virtual interactions instead of nurturing real-life connections. This emotional gap can be exacerbated by jealousy, comparisons with idealised relationships, and a lack of face-to-face communication, all of which are facilitated by the hyper-connected nature of social media platforms. Moreover, social media's role in infidelity cannot be ignored. The ability to reconnect with past relationships or communicate with strangers increases the potential for emotional or physical affairs, leading to a breakdown in trust, one of the cornerstones of any marriage. Additionally, the constant exposure to online portrayals of perfect relationships can generate feelings of inadequacy, lower marital satisfaction and contribute to conflicts. The addictive nature of social media further compounds these issues, with partners withdrawing emotionally, leaving the relationship vulnerable to neglect and resentment. This withdrawal, paired with online distractions, often leads to disputes over the amount of time spent on digital platforms. The emotional consequences of these issues include feelings of betrayal, anger, frustration, and loneliness. Despite these challenges, the article suggests strategies for couples to manage the emotional impact of social media. Setting boundaries around social media use, engaging in quality in-person interactions, and fostering open communication about online behaviour are crucial steps toward mitigating these negative effects. Ultimately, couples need to balance their digital lives with their real-world emotional connections, ensuring that social media enhances rather than hinders the quality of their marriage.653 views -
Pages 1974 - 1984This research article presents a novel framework for analyzing the multifaceted impact of artificial intelligence (AI) on legal systems and the future of professional work. Moving beyond a monolithic view of technological disruption, it argues that the challenges posed by Autonomous AI Agents manifest along two distinct vectors: overt, confrontational threats and covert, integrative transformations. The first vector encompasses the “algorithmic panopticon”-highly visible applications like predictive policing and automated workforce surveillance that frontally challenge principles of due process, privacy, and labor rights. Conversely, the second vector involves a subtler, “accommodationist” creep, wherein agentic AI is woven into the fabric of daily professional practice. Tools for e-discovery and “robo-mediation” support do not just augment human capability; they gradually reshape legal reasoning, normalize algorithmic decision-making, and risk displacing essential human skills. By synthesizing analyses of AI in policing, alternative dispute resolution (ADR), and democratic governance, this paper maps this dual-front challenge, using the Indian context as a critical case study for workforce transformation. It concludes that while overt threats garner more scrutiny, the insidious nature of covert integration may pose a more profound, long-term risk to both institutional resilience and the future of meaningful human work.274 views
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Failure to Exercise Administrative Discretion: A Critical Analysis
Assistant Professor of Law at Galgotias University, Greater Noida, IndiaPages 1985 - 1993In the twentieth century, the state’s obligation to its citizens grew as libertarianism gave way to welfare. There is no modern state that has the discretionary power to carry out such a wide range of duties. Since India is also a welfare democratic state, its administrators enjoy the same expanded responsibilities and powers as their counterparts in other such countries. It takes skill to rule, and unchecked authority would inevitably lead to abuses of discretion. As a result, we need a way to evaluate its usefulness. To use discretion is to choose amongst several alternatives without respect to any rules or guidelines. When the word ‘administrative’ is followed by the phrase ‘discretion,’ its original meaning is altered. It must be used rationally and fairly, not based on whims, rather than being abused. Any intent to gain advantage for oneself is illegal under the rule of law. It is the goal of this paper to ascertain the underpinnings of India’s administrative system and its operation, to clarify the steps that must be taken to remedy the situation when administrative discretion fails, and to provide a thorough analysis of the judicial control and its significance in relation to administrative discretion.361 views -
Role of AI in Predicting and Preventing Wildlife Crimes in India
Advocate in IndiaPages 1994 - 2002India is one of the countries with the most biological diversity in the world, with an estimated 7-8% of the world's recorded fauna. This biological wealth comprises many important species like the Bengal tiger, Indian elephant, and snow leopard, along with an immense range of endemic birds, reptiles, amphibians, and insects. But this exceptional biological wealth is heavily compromised due to numerous wildlife-associated crimes, such as poaching, trafficking, destruction of habitats, and man-wildlife conflicts. These crimes cause the breakdown of ecosystems, danger to indigenous and endangered wildlife, and violation of environmental management of India, along with its socio-economic fluctuations. The dilemma of effectively allocating funds towards surveillance, coupled with the sophisticated methods used during cases of poaching, often makes conventional enforcement methods ineffective in large swaths of forests. Thus, Artificial Intelligence (AI) has become an integral component, providing predictive analysis, real-time monitoring, and automation in deciding the location of threat sources. The current study comprehensively analyzes the use of AI for predicting and suppressing wildlife crimes, designed entirely from an Indian perspective, bridging the gaps regarding implementation, policy loopholes, and incorporating community participation within the National Wildlife Action Plan (2017–2031) .210 views -
Pages 2003 - 2018Millions of women worldwide are affected by domestic violence, which occurs in many cultures. However, feminist movements that influenced the latter half of the 20th century are largely responsible for the relatively recent recognition of domestic violence as a matter of international human rights. Domestic violence affects both men and women, as well as children. This article, however, focusses on the experiences of women because statistics show that women are most often the victims of domestic violence. Women in Nigeria have been victims of rape, physical assault, psychological abuse, human trafficking, and femicide, among other types of domestic violence. The aim of this article is to examine the extent to which international human rights laws have helped in the control of domestic violence issues in Nigeria. It will also evaluate how Nigeria’s efforts to combat domestic violence have been influenced by the rights-based approach, which is informed by the ideas of State accountability and due diligence. The doctrinal research method was employed in carrying-out this research. This entails the use of primary and secondary sourced materials such as statute, case laws, textbooks, articles from reputable journals, newspaper publications, and online sourced materials. The article found among others that Nigeria’s legal system has not been successful in combating domestic violence. It is in this light that the article recommended among others that the Constitution of the Federal Republic of Nigeria 1999 should be amended to incorporate the concepts of State responsibility and due diligence, holding the State liable for any individual acts of domestic violence against women.259 views
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Pages 2019 - 2034The recognition of same-sex marriages continues to be a pivotal matter in India’s legal and social framework, notwithstanding considerable progress in LGBTQ+ rights. The Navtej Singh Johar v. Union of India (2018) judgment represented a significant advancement in the legal landscape by decriminalizing consensual same-sex relationships and effectively reading down Section 377 of the Indian Penal Code. Nonetheless, the lack of statutory recognition for same-sex marriages results in these unions lacking legal protection under marriage laws, adoption laws, and maintenance laws, among others. The 2023 constitution bench judgment in Supriyo @ Suoriya Chakraborty v. Union of India highlighted the obligation of the legislature to rectify this gap by enacting laws to legalize same-sex marriages, reinforcing the principles of equality, dignity, and non-discrimination as outlined in the Constitution. This article examines the necessity for statutory recognition of same-sex marriages in India, focusing on its relationship with current legal frameworks and human rights jurisprudence. The assertion is that providing equal marital rights would not only reinforce constitutional principles but also promote social justice and inclusivity for the LGBTQ+ community. The article concludes by emphasizing the necessity for legislative reform to address the disparity between progressive judicial pronouncements and the actual experiences of same-sex couples in India.300 views
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Section 148A of Negotiable Instruments Act: Judicial Power and Practical Ineffectiveness
Advocate in IndiaPages 2035 - 2039Cheque dishonour litigation in India has long suffered from procedural delays and inadequate relief for complainants, despite the ostensibly summary nature of proceedings under Chapter XVII of the Negotiable Instruments Act, 1881. In an effort to mitigate the abuse of appellate remedies and to provide interim monetary relief, the legislature introduced Section 148 A in the Negotiable Instruments Act through the 2018 Amendment, empowering the appellate court to direct the deposit of at least 20% of the fine or compensation awarded by the trial court. While this provision was intended as a progressive measure to restore faith in financial instruments and expediate justice its implementation has fallen short. This paper critically analyses the legislative intent behind Section 148 A examines the judicial response to its enforcement and interrogates the systematic barriers that continues to undermine its effectiveness. It further highlights the disproportionate burden of NI Act cases on judicial system which is often surpassing the regular criminal courts dockets, drawing on recent case laws, empirical observations and institutional shortcomings. The paper argues that unless accompanied by a proactive and equity oriented judicial approach, Section 148A has become a tokenistic gesture rather than a meaningful remedy. Reforms in quantum, enforceability, and judicial attitude are necessary to ensure that the provision achieves its intended compensatory and deterrent purpose.1,175 views -
Pages 2040 - 2054One of the basic tenets of criminal law jurisprudence is perhaps traceable to the utilitarian aspect of punishment serving the purpose of a better society. The shift of the retributive approach to the reformative approach in penology over the last few centuries is witnessed through a lot of changes reflecting this very purpose. Balancing of the purposes of punishment and justice to the victims would be possible only through a holistic understanding of the root causes of crimes and an evolutionary approach to the ways and means of sanction which the society imposes on the offender. Restorative justice is one such evolution in criminal law jurisprudence which strives to seek this balance and seeks to implore the purpose of victimology in tandem with justice to the offender as well. Forensic psychiatry is pushing through boundaries over the last few decades as never seen before. The aspect of mental health of offender and relation with crime and punishment is inherently linked to victim justice. The various models of Restorative justice specially Victim-offender-Mediation ( VOM) presents a unique mechanism and opportunity for the victim to understand the offender’s perspective and psychological nuances and vice-versa. This mechanism can explore new facets of victimology in the backdrop of forensic psychiatry and help in securing justice to both the the victim and the offender. This paper tries to understand and analyze restorative justice from this very perspective and tries to develop a model which can synergize the purpose of restorative justice and forensic psychiatry. It will study the present working mechanisms in India vis-à-vis restorative justice and the scope of inclusion of the aspects of offender’s mental health in these mechanisms.282 views
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Voices of the Marginalized: A Study on Prostitution in India
Assistant Professor at School of Law, Lingaya’s Vidyapeeth, Faridabad, Haryana, IndiaPages 2055 - 2071Prostitution in India is a multifaceted phenomenon influenced by historical, cultural, economic, and legal factors. Despite legal prohibitions, prostitution persists as a significant social issue in India, driven by poverty, lack of education, and human trafficking. The legal framework, based primarily on the Immoral Traffic (Prevention) Act, of 1956, criminalizes many aspects of sex work, leading to marginalization and exploitation of sex workers. However, the laws also contain ambiguities that allow the industry to operate in a gray area, often leading to human rights violations. The study delves into the socio-economic conditions that propel individuals into prostitution, including gender inequality, limited economic opportunities, and the impact of rural-urban migration. It also addresses the role of organized crime and trafficking networks that exploit vulnerable populations, particularly women and children. This paper examines the current state of prostitution in India, exploring the various dimensions that shape its existence and the implications for those involved. Furthermore, the paper discusses the public health implications of prostitution, with a focus on the spread of sexually transmitted infections (STIs) and the challenges in providing adequate healthcare and support se rvices to sex workers. The intersection of prostitution with issues such as drug abuse, violence, and mental health is also explored. The study concludes by advocating for policy reforms that decriminalize sex work and promote harm reduction strategies. It calls for a shift towards a more empathetic and pragmatic approach, recognizing the complex realities of prostitution in India and aiming to protect human rights and improve the quality of life of sex workers.354 views -
Pages 2072 - 2080India’s rape laws, as defined under Section 375 of the Indian Penal Code (IPC) and now replaced by Section 63 of the Bharatiya Nyaya Sanhita (BNS), continue to operate within a binary gender framework, recognising only women as victims and men as perpetrators. This gender-specific approach to sexual violence has been widely criticised for excluding male and transgender individuals from the ambit of legal protection . Despite evolving understandings of gender and sexuality, the law fails to address the reality that individuals across the gender spectrum can be victims of sexual assault . International human rights instruments, such as the Universal Declaration of Human Rights (UDHR) and the Yogyakarta Principles, emphasise the right to equality, non-discrimination, and dignity irrespective of gender identity—principles enshrined in Articles 14, 15, and 21 of the Indian Constitution. Jurisdictions like Canada, the United Kingdom, and New Zealand have adopted gender-neutral definitions of rape, shifting focus from the gender of the victim to the nature of the act and the absence of consent. In India, however, proposed reforms such as those in the 172nd Law Commission Report and private member bills have not yet translated into legislative change . This paper argues that gender-neutral rape laws are not only a legal necessity but also a constitutional and moral imperative to ensure equal access to justice for all survivors of sexual violence.398 views
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Pages 2081 - 2108This research undertakes a critical analysis of the evolving dynamics of sexual crimes against women in India, from historical evolution, legislation, judicial trends, and social impact. It traces the roots of gender violence through colonial and post-independence legislative reforms, examining milestone legislation like the Criminal Law (Amendment) Acts of 1983 and 2013, the Protection of Children from Sexual Offences (POCSO) Act, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Particular focus is placed on milestone judicial precedents—from Tukaram v. State of Maharashtra to Mukesh v. State (the Nirbhaya case)—that have shaped the framing of consent, dignity of survivors, and victim-centric justice. Despite the progress made, the research discovers persisting challenges, from underreporting, stigma, and procedural defects to gender-insensitive enforcement. The media are subjected to critical analysis both as an agency of change and as a potential agent of secondary victimization. By the provision of comparative insights from the United Kingdom, the United States, and South Africa, the research places India's legal instruments in comparative perspective, mapping gaps in definition, implementation, and intersectionality. It calls for an holistic approach with strong legislative reforms, judicial consistency, gender-sensitive policing, trauma-informed procedures, and restorative forms of justice. The paper concludes that serious interaction with sexual violence requires not just legal reforms but also a shift in societal attitudes, systemic accountability, and survivor-centered rehabilitation. Only through a comprehensive legal and social response can India tackle the pernicious challenge of sexual violence and make progress towards meaningful gender justice.747 views
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Pages 2109 - 2120This article isn’t about claiming all the answers on Artificial Intelligence or law instead it’s about exploring what happens when these two distinct worlds collide. With the tools like ChatGPT, Midjourney, and Gemini becoming part of daily life, AI is advancing rapidly, while India’s legal system still relies on older laws. The IT Act 2000 built before the AI became mainstream which fails to address critical issues like accountability, bias, or ethical misuse. Later frameworks like the SPDI Rules and the Personal Data Protection Bill, 2023, introduce much-needed data privacy elements yet they barely scratch the surface of deeper AI concerns. Creatives face another challenge like AI systems are often learn from real human work art, music, writing without giving credit or consent. This isn't just a legal debate it’s a question of meaning and ownership. As Hayao Miyazaki once said that AI-generated art can feel like an "insult to life itself." This article takes a middle path between law and tech to ask that Can our legal systems adapt fast enough or can human creativity and rights be protected in the AI era. I’ll later suggest concrete steps like AI specific regulations and ethical review boards. This isn’t the final word but a beginning point to help society choose awareness over silence.1,294 views
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Cross-Border Insolvency and Restructuring: Need for Adoption of the UNCITRAL Model Law in India
Student at Law Collage Dehradun, Uttranchal University, IndiaPages 2121 - 2133India has consistently been at the forefront of implementing economic reforms aimed at deeper integration with the global market. A key driver of this strategy has been the government’s ongoing efforts to enhance the ease of doing business and create a more conducive climate for investment. Among the various reform areas, arbitration and insolvency law have seen some of the most important developments in recent years. One of the most notable milestones was the enactment of the Insolvency and Bankruptcy Code (IBC), 2016, coupled with the introduction of a streamlined fast-track Corporate Insolvency Resolution Process (CIRP)—both designed to expedite resolution and maximize recoveries for creditors. However, while domestic insolvency frameworks have strengthened considerably, the area of cross-border insolvency remains nascent and in urgent need of attention. This paper examines India’s existing legal position on cross-border insolvency, identifies its weaknesses, and analyzes the recommendations of the Insolvency Law Committee (ILC) in its formal reports. It further explores how the internationally recognized UNCITRAL Model Law on Cross-Border Insolvency could be adapted—with India-specific modifications—to fit the country’s legal structure and economic realities. Incorporating such a framework could not only strengthen investor confidence but also provide assurance to both foreign creditors operating in India and Indian businesses with overseas interests.452 views -
Pages 2134 - 2139In recent years, employees in India’s booming IT sector have faced an unsettling wave of mass layoffs—often sudden, often unexplained. This article dives into the reasons behind these job cuts, from economic slowdowns and rising inflation to the growing influence of artificial intelligence and post-pandemic shifts in business models. While traditional industries are protected by labour laws like the Industrial Disputes Act, IT professionals find themselves in a legal grey area. Their employment is mostly governed by contracts that often favor the employer, leaving little room for recourse when layoffs happen. The article highlights how this lack of legal protection not only creates job insecurity but also violates basic principles of fairness and natural justice. With India’s new labour codes still waiting to be implemented, the piece calls for urgent reforms to ensure that IT employees aren’t left behind in the evolving landscape of labour rights.457 views
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Legal Remedies for Non-Performing Assets (NPAs) in India: An Assessment of Enforcement and Recovery Mechanisms
Lecturer in Commerce at SRR & CVR Govt Degree College(A), Vijayawada, AP, IndiaPages 2140 - 2150Non-Performing Assets (NPAs) remain a critical challenge in India’s banking sector, affecting credit flow, profitability, and financial stability. This paper assesses the effectiveness of legal remedies such as the SARFAESI Act, Debt Recovery Tribunals (DRTs), Insolvency and Bankruptcy Code (IBC), Lok Adalats, and Asset Reconstruction Companies (ARCs) in resolving NPAs. It also examines enforcement challenges, sector-specific issues, and the role of regulatory bodies like the RBI and Government of India. The study highlights the need for judicial reforms, inter-creditor coordination, and institutional strengthening to improve recovery outcomes and ensure a more robust, efficient, and accountable financial ecosystem.849 views -
Digital Loans and Legal Exploitation: The New Face of Debt Traps
Advocate at the Civil Court, Lucknow, IndiaPages 2151 - 2166Digital lending has transformed credit access, providing quick app-based loans to the underprivileged, such as poor persons and small merchants in countries such as India, Kenya, and the United States. Yet behind this convenience lies a burgeoning debt trap crisis fueled by high interest rates (200-500% per annum), brief payment terms, secret charges, and coercive collection practices. The dual aspect of online lending—its potential to cause financial inclusion as well as its threat of legal exploitation because of archaic regulations and poor regulation- is a theme addressed by this article. Through case studies like Anitha in India and João in Brazil, as well as statistical figures pointing to high default rates (like 65% in Kenya), it brings out the human as well as economic cost, such as mental health emergencies and lost consumer spending. Analysis is drawn between international regulatory reactions, ranging from India's DIGITA agency plan to the EU's Consumer Credit Directive, and the newer technologies such as AI and blockchain, which present opportunities and threats alike. Peer-to-peer lending and microfinance cooperatives are suggested in addition to technology-based instruments such as loan monitoring apps for empowering borrowers. The article calls for increased regulation, better financial literacy, and collaboration between stakeholders in order to turn digital lending into a means of empowerment and not exploitation.612 views -
This research paper critically investigates the growing phenomenon of media trials in India and their influence on the judicial process, particularly on judges' impartiality. In an era where the media wields significant power in shaping public opinion, the line between informed reporting and prejudicial commentary has increasingly blurred. Media trials often result in pre-judgments that not only violate the principle of “innocent until proven guilty” but also exert psychological pressure on judges who despite their training are not immune to societal influence. Grounded in a constitutional and doctrinal analysis, the study evaluates the impact of media sensationalism through the lens of Articles 19, 20, and 21 of the Indian Constitution. It further discusses the limitations imposed by the Contempt of Courts Act, 1971, and references key Law Commission reports, particularly the 200th Report, which addresses the harmful effects of sensationalist reporting on the administration of justice. The paper also incorporates comparative insights from jurisdictions such as the United Kingdom and the United States to highlight how other democracies balance freedom of the press with judicial integrity. Through landmark Indian cases like RK Anand v. Registrar, Vinod Dua v. Union of India, and Sanjay Dutt v. State through CBI, it becomes evident that media overreach can distort public perception and compromise the judiciary’s credibility. Ultimately, the research emphasizes the urgent need for robust policy reforms, stricter enforcement of journalistic ethics, and the establishment of an independent regulatory body. The media, as the fourth pillar of democracy, must support and not undermine the legal system.736 views
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Pages 2180 - 2200This research paper explores the leadership archetypes found in the Rigveda, one of the oldest Indo-Aryan texts, through the lens of dharma (righteous duty) and its relationship to kingship. It delves into how early Vedic society conceptualized ideal rulers—not only as wielders of temporal power but as moral exemplars entrusted with upholding cosmic and social order. Drawing from primary hymns, the study identifies and analyzes four key archetypes: the warrior-king, the righteous judge, the visionary unifier, and the ritual upholder. Each archetype is situated within its textual and historical context and is examined for its relevance to both Vedic society and contemporary leadership theories. Through thematic analysis of selected Rigvedic hymns and references to prominent kings such as Sudas, Divodasa, Bharata, and Nahusha, the paper traces how leadership was legitimized through divine association, ritual performance, and ethical conduct. Special emphasis is placed on the interplay between human action and divine sanction, as seen in the roles of gods like Indra and Agni in reinforcing political authority. Furthermore, the study draws parallels between Rigvedic leadership traits—such as bravery, wisdom, generosity, and sacrifice—and modern leadership frameworks, including transformational and ethical leadership. While recognizing the cultural and temporal distance between Vedic and modern contexts, the paper argues that the ethical core of Rigvedic leadership remains relevant in shaping contemporary Indian thought on governance and institutional responsibility. It concludes by suggesting avenues for further comparative research with texts like the Mahabharata and the Arthashastra to deepen our understanding of Indian leadership traditions.707 views
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The Corporate Prescription: Analyzing the Impact and Legal Fallout of the Corporatization of Healthcare
Student at Government Law College, Coimbatore, Tamil Nadu, IndiaPages 2201 - 2209The healthcare sector has undergone a profound transformation with the rise of corporate-driven models and the increasing financialization of medical services. Historically rooted in holistic, patient-centered care, modern healthcare delivery now faces a complex interplay between patient welfare, profit motives, and market-driven reforms. This paper examines the historical evolution of patient-centered care, the emergence of corporate healthcare structures, and the impact of financialization on quality, access, and trust. It identifies critical gaps in existing legal and regulatory frameworks governing corporate medical practices. This paper explores: (1) historical background and definition of patient-centered care and financialization, (2) existing legal frameworks and regulatory responses, (3) legal gaps, dilemmas, and liability issues, and (4) potential solutions and adaptation strategies. Methodologically, the analysis synthesizes historical data, comparative case studies, and international legal instruments. The findings suggest that current regulations insufficiently address the conflicts of interest inherent in corporate healthcare and the systemic risks posed by financialized models. The conclusion recommends targeted treaty reforms, stronger accountability mechanisms, and increased emphasis on patient rights to restore balance between market forces and public health goals. Future implications include potential cross-border policy harmonization to safeguard healthcare equity and sustainability.641 views -
Algorithmic Bias and Constitutional Safeguards in the Indian Judiciary: A Critical Analysis of AI Integration in Legal Adjudication
Assistant Professor of Law at Centre for Legal Studies, Gitarattan International Business School, Delhi, IndiaPages 2210 - 2227The integration of Artificial Intelligence (AI) in judicial systems worldwide presents both unprecedented opportunities and constitutional challenges. In India, where judicial pendency exceeds 4.5 crore cases, AI is increasingly viewed as a panacea for systemic inefficiencies. However, the deployment of AI technologies in legal adjudication raises fundamental questions about algorithmic bias, accountability, and compliance with constitutional principles enshrined in Articles 14 and 21 of the Indian Constitution. This paper critically examines the constitutional implications of AI adoption in the Indian judiciary, analyzing current developments, identifying potential risks of algorithmic bias, and proposing comprehensive safeguards to ensure that technological advancement does not compromise fundamental rights. Through doctrinal analysis and comparative study of international best practices, this research argues for a rights-based approach to AI integration that prioritizes transparency, accountability, and constitutional compliance. The paper concludes that without robust regulatory frameworks and constitutional safeguards, AI adoption risks undermining the very principles of equality and fairness that form the bedrock of Indian jurisprudence.845 views -
Mental Health in India: The Recent SC Guidelines in respect of Educational Institutions
Associate Professor at VPM's TMC Law College, Thane, IndiaPages 2228 - 2234Mental health is crucial and health is seen by World Health Organization as including mental health. Increasing suicides in the country is disturbing and 7.6 % of suicides is that of students. This is despite a legal framework in India for mental health. The object of this paper is to study the recent Supreme Court of India’s (SC) comprehensive guidelines to address mental health concerns in educational institutions across India in Sukdeb Saha v. State of Andhra Pradesh (2025 SCC OnLine SC 1515) in the background of the Mental Health Care Act, 2017. The attempt is to analyse the guidelines and their implications on the educational institutions to facilitate the understanding of the guidelines and their compliance by the educational institutions for whom it is intended.435 views -
The Bharatiya Sakshya Adhiniyam 2023 and Social Media Data as Electronic Evidence: A Progression or Regression?
Research Scholar at Maharashtra National Law University Mumbai, IndiaPages 2235 - 2244The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a major legislative development in India marking India’s departure from the colonial era laws. The Act aims to modernize the evidentiary standards in India, especially e-evidence. Jurisdictions worldwide have adopted laws that can streamline the admissibility of electronic evidence (e-evidence). In the era of rapid global expansion of social media, its role as a primary e-evidence source has intensified. Legal issues like jurisdiction pose formidable challenges for domestic courts when attempting to use e-evidence due to the cross-border nature of these platforms. The formulation of BSA was an opportunity for the Indian legislators to simplify and adopt modern procedures for admitting e-evidence such as social media data, that would align with the more advanced countries in the world. However, a closer examination of this legislation reveals an inherent paradox where on one hand the Act brings progressive reforms such as amendment of the definition of the word “document” to include e-evidence. However, on the other hand, it has retained the same archaic requirements of S.65B of The Indian Evidence Act, 1872 (IEA). Such an approach on the part of the legislature raises some serious questions about whether the Act has genuinely advanced or was a missed opportunity on the part of the legislators to reform the provisions related to e-evidence in line with global standards. This paper seeks to delve into the provisions of BSA concerning e-evidence in the context of global practices to identify the pitfalls. It shall also delve into some jurisdictional and ethical issues as they are an inseparable part of e-evidence given its global nature. It shall highlight the immediate need for legislation that balances technological developments with judicial prudence.731 views -
Identifying Research Gaps in the Ljubljana-The Hague Convention on International Cooperation in Core International Crimes: A Literature-Based Analysis
LL.M. Student at School of International Law, China University of Political Science and Law, ChinaPages 2245 - 2273The Ljubljana-The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes, and other International Crimes (LHC) represents a significant treaty designed to enhance collaboration between nations in addressing impunity for major international offenses. Nonetheless, a comprehensive review of existing literature highlights notable research gaps that must be filled to fully grasp the Convention’s potential effects and constraints. Areas that warrant further exploration include: the impact of the LHC’s extensive substantive scope on achieving broad ratification; the practical enforcement of key obligations like aut dedere aut judicare, especially considering allowable reservations; the effectiveness of the Convention’s cooperation mechanisms in comparison to current frameworks; the implementation of improved victims’ rights provisions; the challenges states parties face in domestic implementation; and the LHC’s relationship with other international criminal law systems, such as the International Criminal Court and the proposed convention on crimes against humanity. Immediate research priorities include conducting empirical investigations into the factors that influence ratification, performing comprehensive legal analyses of key provisions and reservations, and evaluating the Convention’s practical implementation. Filling these gaps is vital for grasping the LHC’s journey from being a promising legal instrument to becoming a practical mechanism for enhancing accountability for the most severe international crimes.233 views -
AI in Judicial Decision-Making: Opportunities and Challenges
Assistant Professor at Vikramajit Singh Sanatan Dharma College, Kanpur, IndiaPages 2274 - 2289Artificial Intelligence (AI) use in the judicial decision-making process is transforming the justice delivery systems around the world. In India, where there is a backlog of over five crore cases, AI has become a prospective generator of efficiency, uniformity, and an increase in the accessibility of justice. In this regard, SUPACE and SUVAS are such examples, indicating that AI is useful in legal research, translation, and case management; while experiences regarding AI in Estonia differ from those in China (smart courts). Nevertheless, there are deep legal and constitutional issues attached to the use of AI in courts, such as algorithmic bias, lack of transparency, the threat of a possible invasion of court sovereignty, and invasion of privacy. A comparison is made to find out that the EU has embraced a rights-based regulatory model, whereas the United States has adopted a sector-specific method and China a state-guided governance system. The regulatory context of India is disjointed and depends on the laws enacted to deal with IT and data protection, with guidelines within the policies. This paper critically argues the possibilities and shortcomings of AI in the judicial decision-making process, evaluates judicial precedents in the area, discusses global best practices, and also provides a progressive model of how AI can be implemented ethically, transparently, and constitutionally compatible in Indian judiciary.804 views -
A Comparative Analysis on the Role of Media During Elections: India and the United States
Research Scholar at Department of Political Science, ICFAI University, Tripura, IndiaPages 2290 - 2298Media, being commonly called the fourth pillar of democracy, is crucial when determining the outcome of the elections as well as the perception of the masses. The present comparative study examines how media influence elections in India and United States as two of the largest and most powerful democracies in the world. The study examines the effect of both conventional media (television, newspaper, radio) and the new media (such as social media, like Facebook, Twitter, WhatsApp) on voter behaviour, political campaigning and the general democratic dialogue. This paper focuses on a doctrinal and comparative method in discussing the constitutional and legislative frameworks or rules governing the media of both countries that includes the India Election Commission regulations and the United States First Amendment guarantees. The paper ends by stating that what is required is stricter fact-checking tools, media literacy education, responsible journalism, and balanced regulation. It posits that although media has the potential of empowering democratic engagement, free rein of influence and control can corrupt election process. The findings of this study can be used comparatively to fashion reforms of media practices and policies in both nations in order to improve transparency and accountability during elections.723 views -
The Transformative Impact of AI and Automation on Employment Patterns: An Analysis of Workforce Adaptation, Skills Demand, and Socioeconomic Inequality in the Digital Age
Student at Aligarh Muslim University, IndiaPages 2299 - 2308The Rapid advancement of artificial intelligence (AI) and automation technologies is fundamentally altering employment patterns across the globe. This study investigates the multifaceted impact of these technologies on the labour market, focusing on workforce adaptation, evolving skills demand, and the widening socioeconomic inequalities in the digital era. While automation threatens to displace millions of routine jobs, it simultaneously generates new opportunities requiring advanced technical and cognitive skills. The research explores how workers and organizations adjust to these changes through reskilling and upskilling initiatives, as well as the role of policy frameworks in shaping equitable labour market outcomes. By analysing sectoral variations and demographic disparities, this paper highlights the challenges and opportunities presented by the ongoing digital transformation. The findings underscore the need for comprehensive strategies to foster inclusive growth, mitigate inequality, and prepare the workforce for the demands of a technology-driven future.323 views -
Pages 2309 - 2326This article critically examines the transferability of legal norms, institutions, and practices through the lens of comparative legal research, with a particular focus on Sri Lanka’s experience as a post-colonial, legally pluralistic jurisdiction. Drawing on theoretical debates between functionalist and culturalist schools most notably the Watson–Legrand exchange, it argues that successful legal transplantation requires more than technical compatibility; it demands congruence with the recipient state’s constitutional values, cultural norms, institutional capacity, and socio-political realities. Through detailed case studies in constitutional borrowing, commercial law reform, and criminal justice innovation, the analysis exposes both the potential and the pitfalls of adopting foreign legal models, showing how direct transplants often falter without adaptation to local conditions. The study advances a critical methodological framework for Sri Lanka’s law reform process grounded in three pillars: rigorous cultural impact assessment, realistic institutional capacity analysis, and systematic strategies for adaptation and indigenization. It contends that legal borrowing must be selective, context-sensitive, and participatory, leveraging global best practices while preserving and integrating domestic legal traditions. Ultimately, the article calls for a cautious yet open engagement with foreign legal experience, rejecting both uncritical adoption and wholesale rejection, and advocating instead for a nuanced, evidence-based approach that seeks to craft hybrid legal solutions capable of delivering justice, legitimacy, and effectiveness within Sri Lanka’s distinctive legal and social landscape.385 views
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A Critical and Comparative Study on Encroachment Laws in India with special reference to Tamilnadu
Student at Bharath Institute of Law, IndiaPages 2327 - 2335Encroachment on water bodies and poramboke lands has become a pressing socio-legal and ecological issue in Tamil Nadu. Tanks, lakes, and their feeder systems—once central to the State’s water management—are increasingly occupied for residential, commercial, or agricultural purposes, leading to ecological imbalance, urban flooding, and water insecurity. This paper critically examines the historical evolution and constitutional validity of encroachment laws in Tamil Nadu, with special emphasis on the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. Through an analysis of statutory provisions, key judicial pronouncements, and case studies, the paper highlights the tension between the right to livelihood of encroachers and the public trust doctrine obligating the State to protect commons. A comparative study with the Karnataka Lake Conservation and Development Authority Act, 2014 demonstrates differing institutional frameworks, penalty structures, and accountability mechanisms. The research concludes that while Tamil Nadu’s legislative framework is adequate, its effectiveness is undermined by weak implementation, selective eviction practices, and lack of survey accuracy. The paper suggests preventive governance measures, officer accountability, ecological zoning, and rehabilitation safeguards to ensure sustainable protection of tanks and water bodies in Tamil Nadu.415 views -
Pages 2336 - 2343This review delve into the complex relationship between farmers' rights and intellectual property rights within the Indian agricultural landscape, examining the historical context, legal frameworks, and socio-economic implication of their interaction. It scrutinize the impact of the Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS) on the Indian agricultural sector, mainly with reference to the increasing use of IPRs in agriculture and its effects on trade dynamics. The paper navigates the debates immediate the conservatory of intellectual property monopolies to agriculture and the potential compromise of farmers' rights in the face of powerful agro-based corporations. The psychoanalysis incorporate the perspective of various stakeholders, including farmers, plant breeders, and the biotechnology industry, to make available a comprehensive understanding of the challenges and opportunities in balancing intellectual property protection with the need to promote agricultural innovation and ensure food security.558 views
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Pages 2344 - 2356The commercialization of the Indian private space sector has gained significant momentum in recent years with the establishment of autonomous bodies under the Department of Space such as the Indian National Space Promotion and Authorization Centre (IN-SPACe) and New Space India Limited (NSIL) prompting the need for robust legal frameworks to govern the activities and operations of private entities involved in space exploration and utilization of space resources. Moreover, in the international arena, the states are also encouraged to develop their national legislation for the promotion of space activities and cut loopholes in the current corpus juris spatialis. As the Government visions the growth of the Indian space economy to $44 billion by 2033, the role of private entities in space must be acknowledged and such policies shall be made which make the commercialization of space easy, transparent, safe, and profitable for the private space entities and startups as it will provide for widespread research and development in space, depressurize the public space entities and save a lot of taxpayer’s money. For this, the Government of India has brought up the Space Activities Bill, which has been discussed in this paper for its efficacy. This paper aims to provide a comprehensive analysis of the legal framework governing the commercial space sector in India, specifically focusing on India's evolving space law. By examining the legal aspects of commercial space activities, including property rights, licensing, liability, space sovereignty, and international cooperation, this study seeks to highlight the opportunities and challenges associated with the commercialisation of the private space sector and offer insights into potential areas of improvement in the legal framework of India.257 views
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Pages 2357 - 2391Purpose: The purpose of this research is to analyse the behavioural intention to use drone delivery services (DDS) in India, which is also known as Bharat. Specifically, the focus of the paper is on drone delivery services (DDS) in India and the ramifications associated with this phenomenon. This statement specifically highlights the immediate benefits of a particular project for India's economy. As a consequence, current research was conducted to investigate the method by which individuals in India are expected to utilise drone delivery services as a potential business possibility. Design/methodology/approach: This study uses a purposive sampling method. Unified Theory of User Acceptance and Use of Technology has been used in this study (UTAUT2).We utilised the Partial Least Squares Structural Equation Modelling (PLS-SEM) technique to analyse an impressive 691 responses, confirming the robustness of our model. The goal of this study is to investigate how drone delivery services can facilitate entrepreneurs in identifying more business opportunities in the future. Furthermore, the general populace may gain a more comprehensive understanding of drone delivery services (DDS), which would empower them to make informed decisions about using DDS based on the knowledge they acquire. Findings: The purpose of this study is to investigate the perceived risk associated with using drone delivery services, as well as the behavioural intentions to utilise these services. Within the framework of drone delivery services, this research examines the perceived risks and behavioural intentions related to drone delivery. We conduct all of our research with drone delivery services in mind. This study distinguishes itself from others in the IT sector by applying groundbreaking ideas to drone delivery services in India, an emerging market. Understanding the behavioural intention to use drone delivery services quickly is vital for firms and entrepreneurs who want to establish effective services.. Originality/ Value: Indian DDS might be beneficial for people and the environment. Drones could help reduce carbon emissions and air pollution in cities by replacing delivery trucks that rely on fossil fuels. DDS could create job opportunities for drone pilots, maintenance workers, and data analysts. The present study is the first time we've put numbers to these effects. To ensure that DDS is sustainable, compare its environmental benefits to those of traditional delivery methods. People's views and trust in UAVs have changed throughout time. Not India, but China, Rwanda, and the US have made progress in DDS. India can learn from the best DDS in the world. This study could facilitate the delivery of medicine carried by drones from Rwanda to India. The study may help India lead the way in drone logistics by identifying the most effective and efficient methods, as well as the most hazardous ones. Digital India, made in India, and the Smart Cities Mission are all high-tech public service undertakings. Technology helps DDS improve their business and services. This article examines how DDS can be utilised in innovative ways to support national objectives. The Smart Cities Mission may improve city logistics, whereas DDS may enhance supply networks for rural agriculture. These kinds of synergies will demonstrate the importance of DDS to India's growth. Adopting DDS raises ethical and security issues, especially in India, which is very privacy-conscious and has many populations. The abuse of drones and the protection of data are both getting worse. This work could help India build drone delivery systems that are more moral. Discussions on drone technology cover issues such as data privacy, drone responsibility, and preventing illegal behaviour. Unlike other studies, this research utilises data to examine the growth and evolution of DDS in India. The study used predictive modelling and trend analysis to investigate sector-wide DDS adoption, identify difficulties, and Proposing solutions, predictions for the use of DDS in e-commerce, healthcare, and agriculture over the next decade may demonstrate its value. Such findings would enhance the scholarly significance of the study and inform policymakers and industry stakeholders.244 views
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Pages 2392 - 2399Women have the entire rights and privileges equivalent to men in all areas as possessed by the men. The Constitution of India has given equal rights, privileges and freedom that are enjoyed by the men for many years. In earlier society, women held a respectful position in society, but later on due to drastic changes in socio, political and economic environment, they lost their high place. In present scenario, Women safety and security are a significant issue. The justice delivery system of any nation is dependent on the criminal laws of that nation. The Indian Penal Code, of 1860, one of the major legislations of criminal law that originated from the colonial values, could not hold the test of time and did not address the contemporary issues faced by the modern India because of it’s obsolete provisions. This paper explores the transformative potential of the legal enactments in India—Bharatiya Nyaya Sanhita (BNS), introduced in 2023. This reform, aimed at revamping the archaic legal system inherited from the British era, which is pivotal in addressing the pressing issue of women’s safety amidst rising gender-based violence. This law establishes a clear definition of gender-based crimes and impose strict penalties for offenders, coupled with protective mechanisms for victims, providing a comprehensive approach to women’s safety. Notably, the BNS consolidates offenses against women into a dedicated chapter, emphasizing their significance within the legal framework. However, the effectiveness of this measure largely hinges on their implementation. Many challenges like resource allocation, technological infrastructure development, and shifting societal attitudes towards gender and safety remain an obstacle.528 views
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Arbitrating IP Disputes in India: The Case for Institutional Mechanisms and Sectoral Expertise
Advocate at High Court of Bombay, IndiaPages 2400 - 2411This article discusses the emerging necessity of an exclusive institutionalized arbitration process to adjudicate issues of Intellectual Property (IP) disputes in India since there is an increase in cross-border enforcement, innovation-centered sectors, and inefficiencies of conventional litigation. Although India has created IP benches in certain High Courts, and pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, its current system is still not adequate in dealing with such complexity and urgency of IP cases especially in connection with trade secrets, licensing, royalties, and co-existence agreements. The article discusses the arbitrability of IP disputes in India citing leading judgments of Booz Allen and Hamilton Inc v. SBI Home Finance Ltd and Hero Electric Vehicles Pvt Ltd v. Lectro E-Mobility Pvt Ltd and compares the same with Indian laws with a more advanced system in Singapore, the UK and the USA. Central to the proposal lies World Intellectual Property Organization- Arbitration and Mediation Center (WIPO AMC) which has a track record of a widely respected and functional model of sector-specific dispute resolution that involves factors such as procedural flexibility, confidentiality, and panels of experienced arbitrators. The article posts a structural deficit in India where only arbitral institutions such as MCIA, DIAC, and ICA do not have specialized IP procedures and IP specialists. It proposes establishment of exclusive IP arbitration court or appointing IP expertise in the current existing courts, but with infrastructure support of platforms such as DPIIT and FICCI. The policy recommendations are writing the model IP arbitration clauses, multi-stakeholder consultations and promoting capacity building. Finally, institutionalization of IP arbitration in India will not only free up the huge pendency in the courts but it will also ensure innovation, build investor confidence and improve India as a major player in cross-border dispute resolution. India can enhance its commitment to enforce IPs effectively and adjudicate efficiently by joining best international practices and developing sustainable, domestic-tailored framework.368 views -
Balancing Personalisation and Protection: Ethical and Legal Safeguards for AI-Driven Recommender Systems
LL.M. Student at University of Nottingham, U.KPages 2412 - 2427The rapid growth of online content and global internet use has intensified the problem of information overload, prompting widespread adoption of AI driven recommender systems to deliver personalised content. While these systems enhance user experience by reducing search time and improving content relevance, they also raise significant ethical and legal concerns. This paper critically examines the risks posed by general purpose AI recommender systems, particularly those deployed on social media platforms, including privacy violations, algorithmic bias and behavioural manipulation. It further explores associated legal challenges such as data protection compliance, transparency obligations and intellectual property rights. Drawing on both technological analysis and policy perspectives, the study proposes practical measures for mitigating these risks, including regulatory reforms, enhanced transparency and systematic auditing. By addressing the dual imperative of fostering innovation and safeguarding users, this work offers a framework for policymakers, industry stakeholders and researchers to ensure that AI powered recommendations serve the public interest without undermining fundamental rights.300 views -
Closing the Gaps: Strengthening Extraterritorial Corporate Accountability under the UN Guiding Principles
LL.M. Student at University of Nottingham, U.KPages 2428 - 2443The UN Guiding Principles on Business and Human Rights (UNGP) constitute a key international framework outlining the duties of states and the responsibilities of corporations to protect, respect, and remedy human rights violations linked to business operations. In an era of globalisation and increasingly complex transnational corporate activities, ensuring accountability for human rights abuses committed across borders remains a pressing challenge. This paper critically examines the UNGP’s weak stance on extraterritorial obligations, particularly as reflected in Guiding Principle 2, which permits but does not mandate states to regulate corporate conduct abroad. The analysis argues that this permissive approach undermines the UNGP’s objectives, especially in contexts where host states are fragile, corrupt, or conflict-affected. The discussion explores the political, legal, and economic factors behind this limitation, including state capacity constraints, corporate resistance to regulation, governance challenges, and sovereignty concerns. By tracing the historical evolution of extraterritorial obligations, assessing the legal basis of the UNGP, and contrasting mandatory versus voluntary frameworks, the paper proposes recommendations for strengthening regulatory mechanisms to ensure greater corporate accountability for human rights impacts beyond national borders.247 views -
The Role of Corporate Social Responsibility in Corporate Governance
Student at VELS Institute of Science, Technology & Advanced Studies, IndiaPages 2444 - 2462This research abstract explores the intricate relationship between Corporate Social Responsibility (CSR) and good corporate governance, arguing that CSR is not merely a philanthropic add-on but an integral component of a robust governance framework. The traditional view of corporate governance, which primarily focuses on the relationship between management, the board of directors, and shareholders, is expanding to include a broader range of stakeholders, including employees, customers, suppliers, and the community. This paradigm shift highlights the growing importance of CSR as a mechanism for addressing the interests of these diverse groups, thereby fostering trust and long- term sustainability. We posit that integrating CSR into corporate strategy strengthens governance by enhancing transparency, accountability, and ethical conduct. CSR initiatives, such as fair labor practices, environmental sustainability efforts, and community engagement, necessitate clear reporting and open communication, which are fundamental principles of good governance. Furthermore, a strong commitment to CSR can mitigate reputational risks and regulatory scrutiny, demonstrating a company’s proactive approach to responsible business practices. By adopting a stakeholder-centric approach, companies can better align their business objectives with societal values, leading to improved decision-making and reduced conflicts of interest. The paper utilizes a mixed-methods approach, combining a literature review of theoretical frameworks and empirical studies with a case study analysis of multinational corporations known for their exemplary CSR and governance practices. The findings suggest a strong positive correlation between a company’s CSR performance and its governance quality. We conclude that companies that embed CSR into their core business model are better equipped to navigate the complexities of the modern business environment, ultimately creating a more resilient and responsible organization that benefits all stakeholders. This research contributes to the ongoing discourse on corporate responsibility and offers practical implications for policymakers, corporate leaders, and academics. CSR and Governance are Interlinked: The research highlights that CSR is not a separate function but an essential part of good corporate governance. Benefits of Integration: Integrating CSR improves transparency, accountability, and ethical conduct within a company. Stakeholder Focus: A strong CSR program extends the focus of governance from just shareholders to all stakeholders, including employees, customers, and the community. Methodology: The study uses a mixed-methods approach, including a literature review and case studies, to show the positive link between CSR and governance quality.289 views -
Pages 2463 - 2477Marriages in India are thought to be exceedingly sacred and once in a lifetime events. The marriage ceremony is an important component of social traditions and rituals, in which both sides of the family become emotionally involved and community people join in bestowing blessings for a happy married life. However, nowadays, a rising number of married couples are suffering pain and incompatibilities: Because of different socioeconomic causes, there has been a tremendous rise in unhappy marriages in India, resulting in a significant increase in divorces and separations. Female criminality has been ignored in research or overlooked in conventional criminological discourse. Society has always perceived women as passive, law-abiding, or victims, which leads to the ignorance of female criminality. However, data from India and across the world show that female criminality is increasing, but it's not always by choice; most of the time, it's a consequence of social, economic, psychological, or familial pressures. This Paper addresses structural factors such as poverty, domestic violence, patriarchal control, psychological aberration, and lack of education that push women toward criminal behaviour. The paper explores whether women become criminals or are criminalized by society and how women adopt maladaptive coping strategies to resolve their issues.201 views
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The Law on Trial: Feminism’s Challenge to Legal Tradition
Student at O.P Jindal Global University, IndiaPages 2478 - 2488Feminist jurisprudence criticizes traditional legal frameworks that profess value neutrality and universalism for being fundamentally biased towards preserving gender disadvantage. The article highlights some of the seminal themes of feminist legal theories concerning the critique of legal abstraction, limitations of the differences approach, and a stronger inequality approach. Based on the arguments of Catharine MacKinnon, Carol Gilligan, and Kimberlé Crenshaw, this paper covers the psychological, social, and intersectional foundations of gender inequality and critiques reproductive rights and efforts for feminist legal reform. By employing relational reasoning and context-sensitive legal frameworks, feminist jurisprudence opens a range of possibilities for changing the legal system to meet the demands of justice and equality. This paper contends: resolving the structures and systems of gender subjugation does not require legal reform, but a radical rethinking of the law as itself.236 views -
Extradition and Human Rights: Safeguarding Individual Freedoms in the Process
Student at at SVKM’s NMIMS, Indore, (M.P.) IndiaPages 2489 - 2511This paper explores the complexities of extradition in the context of human rights protection, showing interest in how individual freedoms are protected in the extradition process. The introduction begins with an understanding of extradition, focusing on the history of the law, which has developed over time about human rights protection in the twentieth century. Then trace the importance these protections are taking in moulding modern extradition treaties, specifically how the right of the extraditee must be protected in an ever-changing process. In this paper, several topics related to the understanding that extradition is not any more only a state-to-state transaction, but an act of trust from the extraditing state toward the requesting state in its legal system. States become increasingly discriminative in entering extradition treaties, preferring those with robust legal systems that respect human rights. The paper continues to discuss the role of international human rights law in the extradition process, especially where the extraditee is likely to be subjected to a risk of torture, cruel, inhuman, or degrading treatment, or an unfair trial. The paper thus raises awareness of the increased concern about the protection of individual rights within the framework of international cooperation in criminal justice through the scrutiny of the role human rights issues play in extradition treaties and state practice. Ultimately, this paper argues that extradition should continue to be a mechanism of cross-border legal cooperation while balancing it with fundamental human rights to ensure that the spirit of justice is pursued and respected without compromising human dignity.318 views -
Pages 2512 - 2521Physicians are essential to public health, yet increasingly face legal challenges, violence, and systemic vulnerabilities in their profession. They increasingly encounter a challenging landscape characterized by escalating litigation, physical assaults, and negative media portrayals. Although various legal frameworks, such as the Consumer Protection Act, Indian Penal Code, and state-specific Medical Protection Acts, exist to safeguard medical professionals, these laws are often fragmented and inconsistently applied. This article explores the legal frameworks that govern and protect medical practitioners in India, analyzing the limitations of current laws such as the Consumer Protection Act, Indian Penal Code, and state-level Medical Protection Acts. Drawing on key legal provisions, case studies, and jurisprudence, the article underscores the urgent need for national-level legislation to uniformly protect doctors from unwarranted legal and physical threats while upholding patient rights. Recommendations for reform, better enforcement, and institutional mechanisms are proposed to balance accountability with protection. Additionally, it provides practical advice and a Quick Reference Guide designed to assist physicians in navigating medico-legal issues, thereby enhancing their ability to protect their professional integrity and personal safety.224 views
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Abuse of Dominance in Digital Markets: An Analysis of Indian Competition Law Enforcement
Assistant Professor of Law at Indian Institute of Legal Studies, IndiaPages 2522 - 2536The rapid expansion of digital markets in India has introduced new challenges for competition law enforcement. Unlike traditional one-sided markets, digital platforms operate in multi-sided ecosystems characterized by strong network effects, data-driven business models, and rapidly shifting market dynamics. This article critically examines the enforcement of Indian competition law, particularly the Competition Act, 2002, in addressing abuse of dominance in digital markets. It explores key concepts such as dominance, predatory pricing, and relevant market determination in the context of platform-based digital businesses. Through detailed case studies—including those involving Ola, Uber, WhatsApp, Facebook, Google, and SALPG—the paper highlights the Competition Commission of India’s (CCI) evolving approach to defining market power and identifying anti-competitive behavior. It underscores the limitations of conventional economic tools in assessing dominance and market abuse in dynamic, technology-driven industries. The analysis points to enforcement inconsistencies, challenges in defining relevant markets, and the inadequacy of existing legal standards such as the average variable cost (AVC) test in capturing anti-competitive conduct by digital giants. The paper argues for the development of tailored legal and analytical frameworks that incorporate behavioral economics, consumer lock-in effects, and platform interdependencies. It recommends expanding legal definitions, updating predatory pricing rules, and improving methodologies for evaluating digital mergers, data exploitation, and potential innovation suppression. Ultimately, the study emphasizes the urgent need for a distinct Digital Competition Law in India to ensure fair competition, protect consumer interests, and sustain innovation in the fast-evolving digital economy. With the Ministry of Corporate Affairs and the Committee on Digital Competition Law actively considering such reforms, the article anticipates the formulation of a dedicated legislative framework to strengthen India’s antitrust regime in the digital age.743 views -
Pages 2537 - 2554Artificial intelligence (AI) plays a central role in satellite system operations and governance through its capabilities for autonomous orbit correction and collision avoidance and advanced remote sensing data analytics. The Indian Space Policy 2023 represents a vital juncture for India's space program because it enables commercialization and innovation while the country maintains its global space recognition through Chandrayaan and Gaganyaan missions alongside growing private sector participation. The legal framework of India which includes the Draft Space Activities Bill (2017) and the Remote Sensing Data Policy (2011, revised 2020) and satellite communication guidelines does not contain specific regulations for autonomous systems and AI governance. The paper analyzes India's developing space law structure through examination of the Outer Space Treaty (1967) and International Telecommunication Union regulations and the 1986 UN Remote Sensing Principles. The paper identifies four key emerging challenges which include orbital slot management and AI-driven satellite cybersecurity threats and autonomous decision-making liability under the 1972 Liability Convention and dual-use implications of AI technologies for defense applications. The United States and European Union provide important lessons for India through their current efforts to integrate AI into space traffic management and regulatory systems. The research indicates that India needs to advance from general policy statements by creating specific legal frameworks for AI. The forthcoming Space Activities Bill should include liability and insurance provisions while a separate authority should oversee AI-enabled satellite systems and public-private partnerships with startups should be encouraged. These reforms would establish India as a responsible and competitive leader in AI-powered space governance.312 views
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Role and Impact of Geographical Indication Laws in India
Research Scholar at Department of Law, University of Calcutta, Kolkata, IndiaPages 2555 - 2569Geographical Indications (GI) of goods are a definite kind of validation given in the form of certificates to goods that possess characteristics and reputation derived solely from their place of origin. India is a country where culture and tradition are deeply ingrained in the lives of the masses. GIs have an immense role in protecting traditional knowledge, acknowledging creators’ rights, laying out legal protection, and stopping breaches of those legal rights. In India, the local communities are the primary beneficiaries, and they are the central figures who contribute to producing and delivering the GI-tagged goods to the consumers. However, the primary purpose of GI registrations has not been achieved completely. The provisions have not been successful in upholding the rights and interests of the rural community, who are the real producers, to the maximum extent. The author aims to explore how far the laws have provided protection to the GI products and the GI owners. To that end, an endeavor has been made by the author to study whether the implementation system is adequately effective or not. This paper contains case studies on some lesser-known as well as a few well-known GI tagged items, so that a clear picture of the existing scenario can be portrayed. The author has tried to point out the drawbacks and roadblocks in the system, and finally, a few suggestions have been made for bringing positive changes in the system.227 views -
Problems and Difficulties concerning Women’s Education in India
Research Scholar at Department of Law, University of Calcutta, Kolkata, IndiaPages 2570 - 2588Women's education is a cornerstone for achieving gender equality, economic development, and social justice in any society. In the Indian context, while legal mandates and policy frameworks have laid the foundation for inclusive education, significant disparities persist due to entrenched patriarchal norms, economic hardships, and institutional inadequacies. This article undertakes a comprehensive analysis of the multifaceted issues and challenges impeding women's access to quality education in India. It traces the historical evolution of female education from ancient times through the colonial and post-independence periods, contextualizing the socio-cultural and legal developments that have influenced educational opportunities for women. The study critically examines national constitutional guarantees, legislative enactments such as the Right to Education Act, and flagship programs like Beti Bachao Beti Padhao and Samagra Shiksha Abhiyan. It also explores India’s international obligations under instruments like CEDAW, ICESCR, and the Sustainable Development Goals (SDGs), with a focus on SDG 4 and 5. Particular attention is given to the role of the Indian judiciary in interpreting and enforcing the right to education through progressive jurisprudence. Through a rights-based and intersectional lens, the article identifies key structural and attitudinal barriers—such as gender-based violence, inadequate infrastructure, dropout rates, and the digital divide—that continue to undermine the educational rights of women and girls. It concludes with pragmatic recommendations for legal reforms, infrastructural development, digital inclusion, and community engagement to ensure equitable, safe, and empowering educational experiences for women. The article affirms that advancing women’s education is not just a policy imperative but a moral and developmental necessity.316 views -
Justice for Survivors: Earnest Solace or a Façade of the Domestic Violence Act’s Pitfalls?
Student at University of Petroleum and Energy Studies, Dehradun, Uttrakhand, IndiaPages 2589 - 2596Indian women have been victims of domestic violence since time immemorial. Worldwide, domestic violence has always been a ubiquitous concern, yet, under-addressed. This research critically examines the shortcomings of the Protection of Women from Domestic Violence Act, 2005, while also analysing Section 498A of the Indian Penal Code, now Sections 85 and 86 of Bharatiya Nyaya Sanhita. Although the 2005 Act guarantees various protections to women, in practicality, it fails to fulfil those. For example, Sections 31 and 32 of the Act are rendered ineffective due to the reluctance of police in filing FIRs, tolerant penalties and unregulated authority given to the Protection Officers. Moreover, judicial delays further exacerbate the situation. Through NFHS-5 data, this paper analyses the socio-economic determinants of domestic violence in India, namely, education, poverty, alcohol consumption and the engraved patriarchal norms in the society. Through this, it has been inferred that domestic violence is not merely a legal problem, but a structural one. This paper also discusses how the Indian legal system is gender-exclusive and leaves out men and the entire queer community, the Act's very name itself being the Protection of "Women" from Domestic Violence Act. The Indian domestic violence laws have been compared to foreign legislations such as those of South Africa, the United Kingdom, the United States and Canada. This study recognises the loopholes in the Domestic Violence Act and proposes certain recommendations: stringent penalties, specialised police departments, courts particularly for domestic violence cases, statutory recognition of psychological and emotional abuse, enhancement of support and rehabilitation infrastructure, and gender-inclusive protections. These recommendations aim to transform the Indian legislation on Domestic Violence into a more robust and effective one, to ensure the safety and dignity of every individual.369 views -
Digital Crime Scene Investigation: The Rise of Cybercrime Analytics
Lecturer in Commerce at SRR&CVR Government Degree College(A), Vijayawada, Andhra Pradesh, IndiaPages 2597 - 2604Digital Crime Scene Investigation (DCSI) represents a modern adaptation of traditional forensic methodologies to the virtual realm, addressing the complex challenges posed by cybercrime. With the exponential rise in digital threats, organizations and law enforcement agencies have turned to cybercrime analytics, artificial intelligence (AI), and advanced forensic tools to detect, preserve, and analyze digital evidence effectively. This paper explores the structured principles of DCSI, the role of AI in automating evidence processing and anomaly detection, the growing importance of cloud and Internet of Things (IoT) forensics, and the emerging trends shaping the future of cyber investigations. It highlights key challenges such as data privacy regulations, encryption barriers, jurisdictional complexities, and the shortage of skilled forensic professionals. Additionally, it emphasizes the need for a proactive approach to cybersecurity, shifting from reactive incident handling to continuous threat hunting and forensic readiness. The integration of AI, big data analytics, and global law enforcement collaboration stands out as a transformative force, enhancing both the speed and precision of cybercrime investigations. By adopting these strategies, stakeholders can not only improve investigative efficiency but also fortify their defenses against evolving digital threats.339 views -
Pages 2605 - 2621Debates over judicial activism and judicial restraint often obscure a shared objective: sustaining constitutional governance under shifting social, technological, and political conditions. This article reframes the dichotomy as a spectrum of context-sensitive adjudicative choices governed by constitutional text, structure, and purpose. Activism is analysed as rights-forward engagement that develops constitutional meaning, enforces accountability, and innovates with public law remedies when democratic processes stall or exclude vulnerable groups. Restraint is examined as a democratically respectful review that privileges legislative competence, promotes predictability, and limits judicial displacement of policy design. Drawing on comparative experience from the United States, India, South Africa, Canada, and the United Kingdom, the study shows how courts calibrate scrutiny to the gravity of rights burdens, quality of governmental justification, and institutional capacity required to craft solutions. It identifies contemporary stressors, such as populism, institutional backsliding, regulatory complexity, and governance gridlock, that expand judicial dockets while heightening legitimacy risks. In response, the article proposes a discipline of “contextual proportionality”: a method that ties intensity of review and intrusiveness of remedy to clear constitutional hooks, evidence-based state reasoning, consideration of less-restrictive alternatives, and implementation feasibility. Remedial calibration, ranging from declarations and suspended invalidations to time-bound compliance and exceptional structural supervision, protects rights without usurping policy space. The central claim is that constitutional orders are most resilient when courts act as principled guardians: decisive against manifest constitutional violations and systemic rights deficits, yet humble in domains requiring iterative, expert-driven policymaking. By transforming activism and restraint into complementary tools rather than rival creeds, this framework offers a practical roadmap for courts to preserve legitimacy while advancing constitutional fidelity.352 views
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Fintech Lending; Ethical Dimensions of De-Regulation in Debt Financing through Digital Lending and Way Forward
Student at Symbiosis Law School Pune, IndiaPages 2622 - 2631There has been a rapid increase in the demand for credit in our country. There are various means people can avail loans: formal and informal. This article shall aim to provide readers with an in-depth understanding of the rise of digital lending platforms and its role in significant enhancement of financial inclusion. However, the rise of digital lending platforms has also been met with challenges such as consumer privacy, data breaches, trust, financial integrity, adoption barriers and how these factors are paving the way for exploitative lending activities that often result in unsuspecting borrowers being trapped in debt traps. Furthermore, this article shall also aim to explore the ethical controversies and the socio-economic consequences occurring due to the rise of predatory lending activities affecting individuals physically, mentally, and emotionally—leading to stress, financial insecurity, and, in extreme cases, even suicides. To combat such malpractices, the Indian government and regulatory bodies such as RBI are actively taking multiple measures to curb the menace of the predatory lending activities prevalent in our country by introducing a series of statutory frameworks and compliance mechanisms. This article will critically examine these measures, particularly the 2022 RBI Digital Lending Guidelines, along with legislative safeguards provided under various statutes such The Information Technology Act, 2000 (IT Act), The Digital Personal Data Protection Act, 2023 (DPDPA): Regulates the collection, processing, and storage of personal data, The Consumer Protection Act, 2019 etc. The authors will also be finding loopholes in the guidelines and providing recommendations by engaging in a comparative legal analysis, and suggesting India to borrow some best practices and laws of other countries which has helped them to curb the practice of predatory lending activities.453 views -
Conceptual Metaphor Analysis of Football Lingo on Cameroon National Media
Assistant Professor at Department of English, University of Yaounde, CameroonPages 2632 - 2660This research paper investigates the use of metaphors in post-match reports of the 2022 FIFA World Cup in Qatar on CRTV-radio and, on the whole, brings out the ideologies that permeate the metaphors in these reports. The data for this study was collected with recourse to archive method and online downloading. The data constituted four (04) texts (post-match reports of Qatar 2022) which were used to build the corpus. The quantitative and qualitative (descriptive) methods were used to analyse the data. The trend of analysis started with the identification of a trope, its source domain (semantic origin), target domain and progressed to uncovering the ideology (concept) packed in each trope. This source-to-target analysis of metaphors is, thus, conducted in tandem with the workings of Charteris-Black’s (2004) Critical Metaphor Analysis (CMA), the theoretical framework adopted in this research. To continue, the result proved that CRTV-radio football reporters constructed a plethora of meanings of Qatar 2022 by employing metaphors (registers) from diverse semantic source or domains. Presented in tables and charts, the findings reveal that war metaphors were more pervasive, followed by building metaphors and, finally, by journey metaphors. In essence, the plenitude of war metaphors affirms reporters’ construct of football as war, which underpins the conceptual metaphor “football is war”. The preponderance of war metaphors is a mark of discursive expression, prescription and expectation of bravery, encapsulated in the ‘lion’s spirit’ creed of the Cameroonian president.306 views -
New Education Policy 2020: Opportunities and Challenges
Independent Researcher in IndiaPages 2661 - 2672Nelson Mandela said –“Education is the most powerful weapon with which you can change the world.” Education is a categorical imperative for achieving full human potential, for developing an equitable and just society, and to foster national development. Universal high-quality education is the best way forward for maximizing our country's resources for the good of the individual, the society, the country, and the world. India is the land of world-renowned higher education institutions like Taxila, Nalanda, Vikramshila and Valabhi, that set golden benchmark of multidisciplinary learning and research and hosted scholars from across backgrounds and countries. Seminal knowledge has been created by the pioneering Indian scholars such as Charaka, Susruta, Aryabhata, Varahamihira, Chanakya, Panini, Patanjali, and Thiruvalluvar in diverse fields of mathematics, astronomy, metallurgy, medical science and surgery that must not only be nurtured and preserved for posterity but also researched, enhanced, and put to new uses through our education system. However centuries of colonial rule devastated the nation in all senses and one of the worst affected sectors was undoubtedly, education. On the eve of independence, India was in a dismal state with a literacy rate of 16% and the female literacy rate at an even lower 8.9%. This educated lot came from mere 26 universities spread across the subcontinent. Education was then a priority for the government. The Kothari Commission of 1964 was a giant leap forward in education sector as it created the famous 10+2+3 formula. This formed the basis for all the future modifications in Indian education system. The 42nd Constitutional Amendment Act moved ‘education’ from the State List to the Concurrent List furthering increasing the scope for its improvement. The final icing on the cake is undoubtedly the 86th Constitutional Amendment Act that made education a Fundamental Right. The latest and perhaps the most revolutionary step forward to bring about systemic changes in the Indian education system is the National Educational Policy (NEP-2019), the SWOT analysis of which is attempted in this paper..259 views -
Pages 2673 - 2697The primary unyielding endeavour of this paper, as shall be seen, was to bring together two complementary lenses on how democracies confront terrorism: on one hand the law’s restraints and on the other, the imperatives of state security. On the legal side, we see that Hamdan v Rumsfeld (2006) forced a sober reckoning in the United States about military commissions and Guantánamo: the Supreme Court made plain that even those accused of membership of al-Qaeda remain entitled to the basic guarantees of the rule of law and to minimum standards of international humanitarian law. On the security side, we shall see that the 26/11 Mumbai attacks — a coordinated three-day onslaught that scarred India’s civic life and tested its sovereignty — demonstrate the devastation that non-state actors can wreak on open societies. The trial of Ajmal Kasab, the single surviving attacker, crystallised a difficult question for policy and law alike: when do acts of terrorism amount to a form of warfare against the state, and what punitive and preventative measures are proportionate and effective? Taken together, these cases expose a stark dilemma for democracies: how to keep people safe and deliver justice without ever legitimising those who traffic in violence. We, irrevocably and irreplaceably contend that abandoning legal safeguards or bowing to coercion are both false choices — neither secures the public in the long run. Lasting security, in our view, rests on three pillars: a disciplined legal architecture that yields defensible verdicts, decisive and proportionate state action to prevent further harm, and an unambiguous refusal to recognise or reward those who target the innocent.314 views
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Critical Analysis on the Lockerbie Case (Libyan Arab Jamahiriya v. United Kingdom)
Student at Maharashtra National Law University, Nagpur, IndiaPages 2698 - 2711The Lockerbie case, officially known as the ‘Libyan Arab Jamahiriya v. United Kingdom’ case, arose from the 1988 terrorist bombing of ‘Pan Am Flight 103’ over Lockerbie, Scotland. This case stands as a pivotal moment in international law, addressing the complexities of state sovereignty, terrorism, and the limitations of legal frameworks in the global sphere. The incident involved the destruction of a commercial flight by a bomb, leading to the deaths of 270 people. Libya’s legal response and its interactions with the ‘United Nations Security Council’ and the ‘International Court of Justice’ (ICJ) emphasized tensions between international legal mechanisms & state sovereignty. A major aspect of the case was the conflict between the ‘Security Council’s resolutions’ calling for Libya’s cooperation in handing over suspects and Libya’s appeal to the ICJ, which argued for its jurisdiction under the Montreal Convention on aviation safety. This led to a rare conflict between two major U.N. organs, further complicated by diplomatic negotiations that resulted in a compromise trial held in the Netherlands under Scottish law. The Lockerbie case has lasting implications on international law, particularly in how terrorism is prosecuted and the role of international bodies in enforcing justice. It underscored the challenge of reconciling global security interests with the principles of non-intervention and sovereignty. This research critically analyses the legal aspects of the case, the interplay between different U.N. bodies, and its broader impact on international law.898 views -
Stablecoins and the Law: Global Regulatory Approaches, Legal Challenges, and Cross-Border Implications
Founder & Managing Partner, Lexentra, IndiaPages 2712 - 2745Stablecoins have emerged as pivotal instruments in the evolving digital financial ecosystem, promising the transactional efficiency of cryptocurrencies while mitigating their notorious price volatility. This research paper examines the legal and regulatory dimensions of stablecoins, with a comprehensive comparative analysis of approaches taken by key jurisdictions including the United States, European Union, United Kingdom, Japan, Singapore, and Hong Kong. It discusses the underlying mechanics of stablecoins, their real-world use cases, and the legal complexities surrounding their issuance, reserve management, redemption rights, and systemic risks. Through real-world and hypothetical scenarios, the paper highlights how divergent regulatory treatments affect the use and enforceability of stablecoins in cross-border transactions. The work evaluates pressing regulatory concerns such as financial stability, consumer protection, monetary sovereignty, and illicit finance, while identifying unresolved legal questions and the implications of central bank digital currencies (CBDCs) on the future of private stablecoins. The analysis concludes with a forward-looking perspective on how global regulation might shape the role of stablecoins in mainstream financial systems and international commerce.726 views -
India’s Rising Global Influence Demands an Indigenous Theoretical and Conceptual Framework for International Relations
Research Scholar at Department of West Asian and North African Studies, Aligarh Muslim University, IndiaPages 2746 - 2768India’s accelerating international influence underscores the need for an indigenous theoretical architecture in international relations that is conceptually rigorous and empirically tractable. This paper synthesizes civilizational foundations, strategic multi-alignment, developmental realpolitik, and societal-networked power into a unified paradigm that explains India’s behaviour in a multiplex world order. First, it theorizes civilizational strategic culture rooted in plural constitutionalism, dharmic ethics, and long-run political economy as a source of legitimacy, restraint, and preference formation. Second, it formalizes multi-alignment as a rational equilibrium for hedging and issue-specific coalitioning, specifying conditions for minilateralism, forum shifting, and variable-geometry partnerships across security, technology, climate, and trade regimes. Third, it endogenizes domestic transformation, industrial policy, digital public infrastructure, energy transition, and human-capital upgrading as drivers of external bargaining power and standards-shaping capacity. Fourth, it conceptualizes societal power as a distributed capability encompassing diaspora networks, multilingual cultural industries, standards entrepreneurship, and platformed state capacity, with measurable effects on agenda-setting and norm diffusion. Fifth, it advances normative pluralism as a rule-making stance that prioritizes interoperable standards, equity in access to growth corridors, and contextual universals over rigid harmonization. The framework yields falsifiable implications for coalition patterns, supply-chain repositioning, and standards diplomacy, and proposes a mixed-methods research design process tracing, network analysis, input–output/GVC analytics, and text-as-data to evaluate scope conditions and external validity. By integrating civilizational continuities with contemporary geoeconomic and security statecraft, the paper offers a portable, Indigenous paradigm capable of guiding both scholarly inquiry and policy design across the Global South.455 views -
Interim Compensation: A Solace to Crime Victims
Assistant Professor at Army Institute of Law, Mohali, IndiaPages 2769 - 2783We all are living in a welfare state and state is owing duty to maintain Law and order in the society. No one can take the law in their own hands. If any offence has been committed to any person and anyone violating the fundamental rights of other person than he should go to police and report the incidence. Now the question is…. why he is approaching police? He wants Justice and Justice means complete justice that should be seen from both facets. Justice includes everything such as punishment to offenders and compensation to victims. Now-a-days trends have been changed and victims are receiving the compensation in addition to the punishing the offenders. But this paper revolves around the concept of interim compensation to the victims of crime. To complete this study the pilot survey has been conducted by the researcher. The data has been taken form the four districts of malwa region of Punjab. The respondents of this survey were Judges and advocates. The data has been taken as per their population size. The trends shows that victims are not getting an interim compensation, no doubt they are getting the compensation at the end of their cases when everything come on the record. But the purpose of section 396(6) of BNSS has not been accomplished.483 views -
An Assessment of Transitional Development of Legal Governance in Tripura
Assistant Professor at Faculty of Law, ICFAI University Tripura, IndiaPages 2784 - 2790Access to affordable and prompt justice is a fundamental right of every citizen of the nation. It is the responsibility of the state to guarantee that each and every citizen has effective access to this fundamental right. Thus after the Indian Constitution was enacted in 1950, the establishment of High Courts in every state was mandated by Article 214 of the Indian Constitution. Mean while Article 231 also stated that a common High Court for two or more states and a Union Territory may exist. As a result, the Guwahati High Court was established for the five North Eastern States (Assam, Nagaland, Manipur, Meghalaya, and Tripura) in accordance with the provision outlined in Article 231. Thus, Tripura's Guwahati High Court Agartala Bench came for the first time under the North Eastern Area (Re-organization) Act, 1971. But later discrepancies started to come like Non Accessibility of High Court, delayed execution of judgements, reluctant approach of subordinate judiciary in the State, deficit in filling Public Interest Litigation etc. Tripura felt the strong need of its own permanent High Court. Thus, the Tripura High Court ultimately arrived on 23 March 2013, after making suitable amendments in the Constitution of India and North-Eastern Areas (Re-organisation) Act, 1971with the crucial goals of eliminating the High Court's lack of accessibility, delaying the execution of decisions, and overcoming the State's subordinate judiciary's reluctance to participate, as well as making the Public Interest Litigation application procedure simple and convenient for the general public.437 views -
Corporate Social Responsibility (CSR) Obligations under the Companies Act, 2013: Law and Practice
Research Scholar at Maharashtra National Law University, Aurangabad, IndiaPages 2791 - 2807The concept of Corporate Social Responsibility (CSR) has evolved from being a voluntary philanthropic initiative to becoming a statutory obligation for certain companies in India. With the introduction of the Companies Act, 2013, India took a pioneering step by embedding CSR into its legal framework, making it the first country to mandate CSR spending through legislation. Section 135 of the Act, along with the Companies (CSR Policy) Rules, 2014, laid down a clear roadmap for qualifying companies to allocate at least 2% of their average net profits from the past three financial years toward social development initiatives. This paper delves into the legal framework governing CSR in India, exploring the origin, structure, and evolution of statutory obligations. It examines the key provisions of the law, the roles and responsibilities of the CSR Committee, and the categorization of permissible CSR activities under Schedule VII of the Act. The paper further analyses the major amendments brought through the Companies (Amendment) Acts of 2019 and 2020, which shifted CSR from a "comply or explain" model to a stricter "comply or face consequences" regime, introducing penalties for non-compliance and mandates for unspent CSR funds. Beyond the legal text, the paper investigates how these obligations are practiced on the ground. In addition, the paper discusses the judicial and regulatory interpretations that have shaped CSR implementation, particularly the role of regulatory bodies like SEBI and the Ministry of Corporate Affairs in clarifying ambiguous provisions. The paper concludes by reflecting on whether the legal mandate truly fosters a culture of corporate responsibility or risks turning CSR into a box-checking exercise. Suggestions are made to enhance the effectiveness of the regime, such as incentivizing high-impact projects, improving monitoring mechanisms, and aligning CSR with broader sustainability goals and ESG frameworks.506 views -
Artificial Intelligence and the Future of the Indian Judicial System
Research Scholar at Dr. Ram Manohar Lohiya National Law University, Lucknow, IndiaPages 2808 - 2812The Indian judiciary is plagued by a significant backlog of cases, language barrier, and administrative inefficiency; In this context, the introduction of Artificial Intelligence (AI) in the judicial system will not only enhance efficiency and accessibility but also reduce the large number of pending cases. AI tools are helpful in assisting legal research, case prediction, document review, and court management, bringing a transformative shift in the global legal system and law enforcement. However, the use of AI in the judiciary remains limited, unregulated, and underexplored. There is a pressing need to critically analyse how AI can be effectively integrated into the judicial system, and also explore the legal as well as ethical concerns posed by these AI tools.367 views -
The Evolution of CEDAW Jurisprudence Through the Communication Procedure: A Review of Rosanna Flamer-Caldera v. Sri Lanka (2022)
Lecturer at Faculty of Law, University of Colombo, Sri LankaPages 2813 - 2820This brief research paper reviews Rosanna Flamer-Caldera v. Sri Lanka, the communication that was submitted under the Communication Procedure of the CEDAW Optional Protocol (1999) concerning the matter of criminalisation of consensual same-sex activity between adult women by the criminal law of Sri Lanka, and gender-based violence against women. This communication has marked a significant turning point, being the first such individual communication before the CEDAW Committee against Sri Lanka and the first communication to find that discrimination against women on the ground of their sexual orientation violates the CEDAW principles and state obligation under the treaty. This research also highlights the impact of this communication, including an analysis of scholarly viewpoints on this communication and the responses of Sri Lanka. Another aim of this review is to understand the strength of the CEDAW communication procedure in the domestic implementation of CEDAW as an implementation mechanism. The research methodology employed in this review is a qualitative analysis, primarily based on a desk study of primary and secondary data, including international treaties, statutes, case law, academic literature, and online resources.302 views -
Pages 2821 - 2850This research paper explores the philosophical, structural, and operational differences between Scandinavian and Indian prison systems. Scandinavian countries, notably Norway, Sweden, and Finland, have pioneered a rehabilitative approach to incarceration, emphasizing reintegration and human dignity. In contrast, Indian prisons largely retain a punitive character, suffering from overcrowding, underfunding, and systemic delays. Through comparative analysis and literature review, this study examines how Scandinavia’s humane and effective prison policies reduce recidivism, improve reintegration, and uphold prisoners' rights. The paper concludes by outlining lessons India can draw from Scandinavian success while acknowledging socio-economic and cultural differences that necessitate contextual adaptations.666 views
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Pages 2851 - 2874The objective of this study was to analyse the effectiveness and discrepancies of the Geographical Indications (“GI”) Act, 1999. The sterling impression of GI protection will be established by the products that have already been registered. The authors have selected Bell Metal Ware of Datia and Tikamgarh (“Bell Metal”), which got recognition as GI in 2008. Data was personally collected by the authors from producers of Bell Metal in Tikamgarh Town, Madhya Pradesh, and interviewed by using a questionnaire. The results indicate that almost all the producers know about GI tags but are not aware of their utility and exclusive economic rights. The study further identifies the problems and states some practical solutions for the sustainability of Bell Metal, which, if generalized, can be applied to other products also.623 views