Issue Archive · Open Access
Volume VIII – Issue V / 2025
Articles · 165
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Manufacturing Consent in Practice: How Capitalist Governments use News Media for Political Propaganda – A Socio-Legal Investigation
LL.M. Student at Department of Law, Rajiv Gandhi University, Arunachal Pradesh, IndiaPages 01 - 09This paper examines how capitalist governments co-opt mass media to manufacture political consent, blend state and market power to shape news narratives, and thereby influence public opinion and democratic processes. Drawing on the political-economy framework of Manufacturing Consent, media-ownership analyses, regulatory and doctrinal sources, and recent case studies (with particular focus on India), the paper describes the mechanisms of capture ownership concentration, advertising/state revenue dependence, regulatory pressure, legal coercion, and platform manipulation and documents the socio-legal consequences: erosion of deliberative democracy, targeted marginalization of minorities, normalization of disinformation, and weakened institutional checks. The final sections evaluate existing legal tools and propose regulatory, institutional, and civil-society reforms to restore pluralism and the media’s watchdog function. All authorities are cited in 19th edition Bluebook format.646 views -
The Algorithmic State and Capitalist Control: A Socio-Legal Enquiry into the Effects and Causes of Social Media Algorithms on Human Life
LL.M. Student at Department of Law, Rajiv Gandhi University, Arunachal Pradesh, IndiaPages 10 - 18Social media algorithms mediate vast portions of contemporary social, political, and economic life. This paper offers a socio-legal enquiry into how algorithmic systems operated by platforms and shaped by capitalist imperatives affect individuals, communities, and democratic institutions. It examines both proximate effects (attention economies, mental health, political polarization, labour precarity) and deeper causal dynamics (surveillance capitalism, corporate governance of information flows, public–private regulatory capture). Drawing on interdisciplinary literature from law, sociology, political economy, and technology studies, the paper argues that algorithmic harms are not merely technical failures but the predictable outcomes of business models oriented to monetizing attention and data. The legal response—ranging from privacy regulation to competition law—has been fragmented and often inadequate. The paper concludes with socio-legal recommendations: reorienting accountability regimes, strengthening democratic oversight of platform governance, adopting rights-based constraints on profiling and automated decision-making, and creating structural remedies to counterbalance capitalist concentration.406 views -
Offences against the State: Indian Penal Code, 1860 vs. Bharatiya Nyaya Sanhita, 2023
Associate Professor and Incharge Principal at VPM’s TMC Law College, Thane, Mumbai, IndiaPages 19 - 26The Parliament of India brought in the new Bharatiya Nyaya Sanhita, 2023 ( BNS) in the place of Indian Penal Code, 1860 (IPC). Along with BNS, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA) were also passed. The Criminal Procedure Code, 1973 has been replaced by BNSS and the Indian Evidence Act, 1872 has been replaced by BSA. The notification of the BNS brought to a grinding halt, the more than 160-year-old IPC. The British time IPC was in force even after Indian independence because our Constitution has continued in force all the existing laws at the commencement of the Constitution till, they are amended or repealed by competent legislature and that continued IPC as well. The word ‘Indian’ in IPC has been replaced by Bharatiya and instead of ‘Penal,’ Nyaya meaning Justice has been preferred in the title. But throughout the Sanhita ie the Code, in hundreds of places, the word India is but retained. Section 1 of BNS has the word ‘India’ 15 times. The object of this paper is to analyse critically the provisions of IPC and BNS on offences against the state. There are several other terrorism and defence of India related offences against the state in other laws in India. But this study confines itself to IPC and BNS. Security of the nation is a supreme value and so the offences against the state will have to be suppressed with an iron hand. Further S. 124A of IPC on sedition was very controversial due to its conflict with the right to free speech and this study attempts to inquire into the change in this regard.1,300 views -
Protection and Legal Enforcement of Inventions in the Field of Artificial Intelligence in Indonesia
Faculty of Law, Social and Political Sciences, University of Mataram, West Nusa Tenggara, IndonesiaPages 27 - 43Artificial Intelligence (AI) is essentially software created and trained by data scientists and AI developers using very large amounts of data. This study aims to examine the regulation of legal protection for inventions produced by Artificial Intelligence and the Prospects for the Implementation of Patent Law Enforcement Against Artificial Intelligence in Indonesia . The method used in this study is normative legal research using a Conceptual approach, Legislation and comparative law. The results of the study are that legal protection for inventions produced by AI in Indonesia currently still have differences of opinion. AI can still be protected by a Patent mechanism if the AI can solve technical problems and is related to technology and there is already a Patent certificate protection from its country of origin. AI cannot be an object protected by the Patent Law in Indonesia, Based on Law (UU) No. 65 of 2024 concerning Patents, AI has not been specifically regulated, however in Article 4 letter d, there are regulations for computer programs that have technical effects that can be patented (Explanation in Article 4 letter d). In addition, regarding regulations on AI in Indonesia, the Ministry of Communication and Informatics has issued Circular Letter of the Minister of Communication and Informatics Number 9 of 2023 concerning the Ethics of Artificial Intelligence. One of the points in the contents of the circular states that the implementation of artificial intelligence is subject to the principles of Intellectual Property in accordance with statutory regulations. Patent law enforcement in the Artificial Intelligence Era has not been effective, because there is still no explicit regulation regarding the Qualification of Inventions produced by AI that can be used as Patent objects. Although Article 1 paragraph (2) of Law No. 65 of 2024, defines inventions very broadly with the addition of the words " system, method, and use" to adjust the Intellectual Property framework to the rapid development of AI technology. Article 4 letter d also states that Inventions do not include computer programs, except for computer-implemented Inventions, namely Inventions that utilize computers to achieve certain results. This is feared to be open to multiple interpretations resulting in a lack of legal certainty. Apart from that, there are other factors for the regulation to be effective, namely the law enforcement factor which has the most central position compared to other factors (legal culture).509 views -
The Rise of Young Entrepreneurs: A Career Path and Essential Management Skill in the Digital Age
Student at Uttaranchal University, IndiaPages 44 - 55Entrepreneurship is becoming an increasingly attractive career option for young individuals, driven by technological advancements, greater access to funding, and a dynamic business ecosystem. Unlike traditional career paths, entrepreneurship offers independence, financial growth, and personal fulfillment. This article explores the rise of young entrepreneurs, highlighting entrepreneurship as both a career choice and a vital management skill. The digital revolution has significantly lowered entry barriers, enabling young entrepreneurs to leverage e-commerce, social media, and fintech solutions for business growth. Additionally, incubation centers and startup funds provide mentorship and financial support, fostering innovation and economic development. Beyond starting a business, entrepreneurship cultivates essential management skills such as leadership, financial literacy, risk management, marketing, and networking. However, young entrepreneurs face challenges, including limited experience, financial constraints, market competition, and work-life balance. To overcome these, strategies like continuous learning, leveraging technology, building strong support networks, and prioritizing customer needs are crucial. Education plays a pivotal role in nurturing entrepreneurial mindsets through specialized courses, business incubators, and financial literacy programs. As entrepreneurship continues to shape the modern workforce, young individuals equipped with the right skills and mindset can drive innovation, economic progress, and long-term business success.421 views -
Pedophilia: Examining the Intersection of Mental Health and Criminal Law
Research Scholar at University School of Law and Legal Studies, GGSIPU, IndiaPages 56 - 72Pedophilia is a highly controversial and sensitive issue that has been the subject of intense debate in recent years. It is defined as a persistent sexual attraction to pre-pubescent children, and it is widely considered to be a serious problem that poses a significant risk to children’s safety and well-being. However, there is disagreement about whether pedophilia should be classified as a crime or a disorder, and this has important implications for how society responds to this issue. Those who argue that pedophilia is a crime point to the fact that sexual contact with a child is illegal in most countries and can result in serious legal consequences. They argue that pedophilia is a moral and ethical problem that should be dealt with through the criminal justice system. However, this approach has been criticized for failing to address the underlying issues that contribute to pedophilic behaviour and for stigmatizing individuals who may need help and support. On the other hand, those who argue that pedophilia is a disorder point to the growing body of research that suggests that pedophilia is a complex and multifaceted problem that is rooted in the brain’s neurobiology. They argue that pedophilia is a medical and psychological problem that requires appropriate diagnosis and treatment, rather than punishment. This approach emphasizes the importance of early intervention and preventative measures to reduce the risk of harm to children and to support individuals who may be struggling with pedophilic tendencies. Pedophilia is a complex phenomenon that requires a comprehensive and compassionate approach. While pedophilia is classified as a disorder, sexual abuse of children is a criminal offense. It is important to distinguish between the two and to ensure that individuals with pedophilic tendencies receive appropriate medical and psychological treatment. The research proposes that a more comprehensive and compassionate approach is required to address the needs of individuals with pedophilic tendencies. This includes a focus on prevention, early intervention, and treatment, with a greater emphasis on community-based interventions.540 views -
Harnessing the Untapped Natural Resources of North East India for Sustainable Development and Growth
Pages 73 - 88North East India, consisting of eight states and abundant in untapped natural resources like biodiversity, hydropower, forests, minerals, and water bodies, offers substantial prospects for sustainable economic growth and development. This paper examines the region's rich resources, highlighting its designation as a global biodiversity hotspot characterised by varied ecosystems, significant hydropower potential (approximately 40% of India's total), extensive forest cover that sustains medicinal plants, bamboo, and wildlife, as well as mineral reserves including coal, petroleum, and limestone. It underscores issues such as underutilisation, environmental deterioration due to deforestation, shifting farming, and anthropogenic activities, along with obstacles to tourist growth, including accessibility and infrastructural deficiencies. The research underscores sustainable management, advocating for measures such as community engagement, environmentally sustainable legislation, reforestation, and the incorporation of traditional knowledge to use resources for employment generation, biodiversity preservation, and regional advancement. By reconciling economic exploitation with ecological care and indigenous empowerment, North East India can serve as a paradigm for inclusive, sustainable development in accordance with India's overarching objectives.610 views -
Pages 89 - 111This study examines the Omnibus Law technique as a reformative approach or a potential source of unmanageable complexity, with a focus on its application in Vietnam. Initially, the paper analyzes the theoretical foundations and international perspectives on the Omnibus Law technique, highlighting both its advantages and inherent challenges. Subsequently, the research delves into the application of this technique in Vietnam prior to 2025, identifying issues related to legislative coherence and procedural consistency. The introduction of the 2025 Law on Promulgation of Legal Normative Documents marks a pivotal change, aiming to address previous shortcomings by providing clearer guidelines and a more structured application process. Despite these improvements, challenges remain in terms of coordination among governmental bodies and the practical aspects of implementation. The study concludes by proposing recommendations to enhance the effectiveness of the Omnibus Law technique in Vietnam, emphasizing the need for strengthened coordination, transparent procedures, and resource allocation to ensure successful legislative reform.560 views
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Safeguards or Symbolism: Evaluating the UGC’s 2015 Regulation amidst the Rise of Sexual Violence in Indian Higher Education
Research Scholar at Faculty of law, University of Lucknow, IndiaPages 112 - 125This paper analyses the University Grants Commission's (UGC) 2015 regulations regarding the prevention, prohibition, and redressal of sexual harassment of women in higher educational institutions (HEIs) in India, in light of the alarming rise in sexual violence on campuses from 2015 to 2025. The UGC framework, instituted as a pivotal policy under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has often been marked by procedural formalism and inadequate institutional accountability in its implementation. This study analyses the discrepancy between legislative intentions and actual-life events, considering notable cases. This study utilizes a mixed-methods approach, incorporating policy research, media reports, to illustrate that Internal Complaints Committees (ICCs), as outlined by UGC norms, often exhibit shortfalls in independence, training, and transparency. The research investigates the influence of societal and political dynamics, institutional hierarchy, and cultural stigma on underreporting and the delay of justice. Despite the periodic amendments to the UGC framework in 2017, 2021, and 2023, the persistent occurrence of sexual abuse suggests that legislative protections have often served more as symbolic gestures than as transformative mechanisms. The article concludes by advocating for a range of reforms, including mandatory third-party audits of ICCs, survivor-centred reparation mechanisms, and the integration of gender sensitization into academic curricula. Also this study underscores the essential need for a shift from compliance to commitment to preventing sexual harassment in higher education institutions by placing the UGC's regulatory framework within the broader discourse on gender justice in Indian academia.441 views -
Beyond TRIPS: A Comparative Analysis of Border Measures in the Enforcement of Intellectual Property Rights in India, the EU, and China
Research Scholar at Maharashtra National Law University Mumbai, IndiaPages 126 - 140The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets a minimum baseline for the enforcement of intellectual property rights (IPRs) at national borders, obligating World Trade Organization (WTO) members to adopt measures that prevent the importation of counterfeit and pirated goods. However, the interpretation and implementation of these border enforcement provisions vary significantly across jurisdictions, shaped by domestic legal traditions, administrative capacities, trade priorities, and political economies. This paper undertakes a critical and comparative legal analysis of border measures for IPR enforcement in India, the European Union, and China—three key jurisdictions that represent divergent models of IPR governance in the Global South, Global North, and hybrid socialist-market economies. By dissecting legal frameworks, procedural mechanisms, enforcement standards, and institutional roles in each jurisdiction, the study elucidates how these states internalize TRIPS obligations while also selectively exceeding or circumventing them. In particular, the paper examines (i) the legal scope of border measures—including the treatment of various IPR categories such as trademarks, copyrights, and patents; (ii) procedural safeguards and ex officio powers granted to customs authorities; (iii) the role of right holders in initiating action and bearing costs; (iv) mechanisms for appeal, dispute resolution, and judicial oversight; and (v) practical challenges in enforcement, such as small consignments, grey markets, and administrative bottlenecks. Through doctrinal and policy analysis, supported by empirical data, customs manuals, WTO submissions, and case law, the paper highlights both normative convergences—such as increasing digitalization and emphasis on trade facilitation—and stark divergences, including India’s exclusion of patents from border enforcement, the EU’s expansive seizure model, and China’s hybrid enforcement tools under its evolving IP regime. The analysis reveals that while all three jurisdictions formally comply with TRIPS, their implementations reflect deeply embedded regulatory philosophies: India’s cautious and rights-holder-driven approach; the EU’s proactive and harmonized customs regime; and China’s state-centric, strategically selective enforcement model. The paper argues that TRIPS compliance should not be measured merely in formal terms, but through a functional lens that considers institutional effectiveness, procedural fairness, and the balance between enforcement and trade facilitation. The study concludes by proposing a framework for recalibrating India’s border enforcement regime—recommending selective expansion of ex officio powers, reintegration of patents, stronger inter-agency coordination, and alignment with emerging international best practices—without compromising constitutional safeguards or development-oriented trade policies. In doing so, the paper contributes to broader debates on how developing countries can assert regulatory autonomy within the TRIPS framework, while advancing credible and equitable IPR enforcement regimes.460 views -
Menstrual Stigma and Gender Inequality: A Socio-Legal Analysis of Structural Discrimination in India
Pages 141 - 150The present research examines menstrual stigma as a systematic mechanism of gender-based discrimination that violates constitutional principles of equality and dignity in India. Through comprehensive legal analysis, this study demonstrates how menstrual-related exclusions constitute violations of fundamental rights while revealing gaps in legal frameworks that fail to address embodied forms of gender inequality. The analysis synthesizes constitutional law, human rights jurisprudence, and feminist legal theory to establish that menstrual stigma represents actionable discrimination requiring comprehensive legal intervention. The study contributes to constitutional scholarship by demonstrating how biological processes become sites of legal exclusion that undermine women's citizenship rights, necessitating doctrinal evolution to address embodied inequalities.451 views -
Child Marriage in India: A Battle for Freedom we cannot Afford to Lose
Project Officer at India Child ProtectionPages 151 - 156Child marriage continues to be one of the most pressing social issues in India, affecting millions of girls and perpetuating cycles of poverty, inequality, and disempowerment. This article, written from the perspective of a young professional working on the frontlines of the Child Marriage Free India Campaign, explores both the lived realities of child marriage and the broader societal consequences it entails. Drawing from personal experiences, community narratives, and real-life stories such as that of Priya Kumari from Jharkhand, the article illustrates how child marriage truncates childhood, deprives girls of education, and perpetuates intergenerational poverty. It also critically examines entrenched cultural practices such as gauna, which continue to normalize child marriage under the guise of tradition, particularly in states like Rajasthan, Bihar, and Uttar Pradesh. The article highlights the profound inequities embedded in societal attitudes towards girls, where daughters are perceived as burdens and sons as assets. It contrasts the privileges of education and choice with the harsh realities faced by millions of girls who are denied agency over their lives. Further, the article situates India’s struggle in a global context, emphasizing how ending child marriage aligns with international commitments such as the Sustainable Development Goals (SDGs), particularly Goal 5 on gender equality. It also notes how countries with stronger gender equality indicators, such as Iceland and Denmark, have leveraged women’s empowerment as a cornerstone for peace and progress. The article argues that ending child marriage is not merely about protecting individual rights but also about fostering national development, social justice, and collective freedom. It underscores the importance of education, empowerment, community awareness, and strict enforcement of existing laws such as the Prohibition of Child Marriage Act, 2006. Ultimately, it calls upon society to abandon outdated traditions and reimagine girls as equal citizens capable of shaping the nation’s future.373 views -
Challenging Gender Stereotypes in Rape Trials: A Case Comment on Karen Tayag Vertido v. Philippines
Student at Alliance University, IndiaPages 157 - 162The case of Karen Tayag Vertido v. Philippines (CEDAW Communication No. 18/2008) is an important contribution to both international women’s rights jurisprudence and state obligations under the Convention on the Elimination of All Forms of Discrimination against Women. Decided by the CEDAW Committee in 2010, the case dealt with the issue of gender stereotyping in rape trials, an insidious problem that has received considerable attention from feminist legal scholars and practitioners. The complainant, Karen Tayag Vertido, a Filipino woman, argued that her Right to Equality and to a Fair Trial was violated because the national courts acquitted the accused (i.e., the alleged rapist), relying on gender stereotypes about how “real victims” of rape should act. The CEDAW committee determined that reliance on the lived experience of female disguise victims of sexual violence is gender discrimination contrary to Articles 2(f) and 5(a) of the Convention. By recognizing judicial stereotyping is a violation of women’s human rights, the case has further developed international understanding of gender-based discrimination—introducing important perspectives of state obligations. This commentary proceeds to discuss the facts, issues, decision and implications of this significant case, and recognize its innovative contributions and practical restrictions.1,122 views -
Pages 163 - 172This paper undertakes a critical examination of the European Union Artificial Intelligence Act (EU AI Act) with a specific focus on its doctrinal gaps that impede effective legal and regulatory oversight of generative AI. In an era characterized by the rapid evolution of AI, the imperative for a robust legal framework is paramount, one that not only ensures compliance with existing intellectual property laws but also anticipates the dynamic nature of generative AI. Unlike traditional AI, generative AI models analyze and curate existing information to produce novel content, a characteristic that introduces significant complexities for comprehensive regulation. While the AI Act introduces crucial provisions on transparency and risk management for general-purpose AI models, it notably refrains from explicitly defining ‘Generative AI.’ This omission, coupled with other significant shortcomings, creates lacunae that hinders its effective control over generative AI. Specifically, the Act fails to adequately address the determination of ownership for wholly AI-generated outputs, imposes limitations on disclosures that negatively impact oversight, and exhibits inconsistencies in regulating open-source models. Furthermore, it does not establish direct remedies for creators, thereby creating practical enforcement barriers. This paper systematically explores these limitations, including issues related to open-source exemptions, the absence of clear copyright ownership rules, and challenges in ensuring transparency and provenance. It also critically analyzes the Act’s enforcement mechanisms, highlighting the lack of mandated forensic capacity or centralized clearing mechanisms necessary for large-scale, practical enforcement. The discussion concludes by proposing concrete remedial measures and potential avenues for reform to strengthen the EU AI Act’s regulatory framework for generative AI, ensuring a more comprehensive and adaptable governance structure for this rapidly advancing technology.421 views
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From Content ID to Courtrooms: Applying the Fair Use Test to Digital Copyright Disputes
Student at Jamia Millia Islamia, IndiaPages 173 - 185This paper explores the rapidly evolving principle of fair use in the contemporary digital realm while analysing the ongoing conflict between Mohak Mangal and ANI. It explores deeply the YouTube copyright enforcement mechanism and its effect on content creators. This paper further analyses the liability of intermediaries under the US law and Indian Law, while particularly focusing on the safe harbour doctrine and Its Judicial interpretation. This paper further comparatively studies the factors to determine fair Use in India and the USA. This Paper applies these tests on an ongoing case in Mohak Mangal v ANI ors and determines whether the work of Mohak Mangal comes under fair use or not. The analysis concludes that transformative, factual, and minimally copied content—when causing negligible market harm—should be protected to ensure an adequate copyright policy that fosters creativity, criticism, and Information creation and distribution in the digital age.404 views -
Restitution of Conjugal Rights as a Matrimonial Remedy under the Personal Laws of India: A Critical Study
Controller of Examinations at The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 186 - 195Marriage imposes an obligation on the parties to cohabit with each other. The necessary implication of marriage is that the parties will live together. But suppose, one party refuses to live with the other, can the latter, by a legal process, compel the former to live together? The answer is “Yes” according to the various personal laws of India. The concept of restitution of conjugal rights owes its origin to the ancient days when the concept of marriage was based on proprietary rights of the husband. The wife was considered as a property of her husband and was, therefore, required to live at all times in the home provided by the husband and if she is refused to do so or ran away, she could be compelled to live with him. Originally, the decree of restitution could be enforced by the arrest of the respondent and delivery of her person to the husband. In the later law the remedy of restitution was made available to the wife also, but the execution of decree by arrest was done away with. In India, the remedy of restitution of conjugal rights is available to members of all communities, either under the personal law or under the general law. The remedy of restitution has been criticized widely as most inhuman and obnoxious. Hence, this article is critically analyzing the need for the remedy of restitution of conjugal rights in the present scenario.395 views -
Pages 196 - 205The Securities and Exchange Board of India (SEBI) came out with the Alternative Investment Fund (AIF) Regulations, 2012 to inculcate transparency, investor protection, and governance in private investment schemes like venture capital and private equity funds. At the core of this structure are the concepts of pari-passu and pro-rata rights, which ensure justice and equality among investors through the regulation of profit, loss, and ownership rights. This research paper critically discusses the legal basis and actual application of these rights in the Indian AIF regime, pointing out the pitfalls in side letters, differential rights, and priority distribution models. It also discusses the regulatory development, more so the 2024 amendments enhancing investor protection, with necessary permissive exceptions. Comparative observations have been taken from international frameworks, such as the U.S. Securities and Exchange Commission's Preferential Treatment Rule and the U.K. Financial Conduct Authority's disclosure frameworks, in order to recognize areas of gap in India's regulatory strategy. The paper concludes by providing suggestions on harmonizing fund documentation, requiring mandatory tougher disclosure time frames, demystifying fiduciary obligations, and creating specialized courts of dispute resolution. Closing regulatory gaps and embracing global best practices will allow India to enhance investor confidence and establish itself as a transparent and fair investment hub.362 views
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From Human Hand to Machine Mind: Navigating Copyright in AI-Created Content
Student at Amity University Noida, IndiaPages 206 - 233The rapid rise of Artificial Intelligence (AI) in creative industries has ignited a pivotal legal and ethical debate: Who owns the rights to works generated by machines, and how can human creativity be protected in an age of intelligent automation? From Human Hand to Machine Mind: Navigating Copyright in AI-Created Content investigates this shifting landscape, exploring the fragile equilibrium between technological advancement and the enduring significance of human authorship in copyright law. As AI systems increasingly produce art, music, literature, and code with minimal or no human intervention, legal frameworks worldwide are confronted with fundamental questions. Should copyright law extend to AI-generated works? If so, who should be legally recognised as the author the programmer who built the algorithm, the user who provided the prompts, or the AI system itself? This paper approaches these questions through a human-centric lens, contending that while AI can amplify human creativity, legal structures must continue to safeguard and reward human intellectual contributions. Through case studies and a comparative analysis of U.S., EU, and Asian legal developments alongside emerging Indian jurisprudence the study identifies critical gaps in existing copyright regimes. It proposes nuanced reforms that preserve the core principles of originality and moral rights while accommodating AI’s transformative potential. By reimagining authorship for the AI era, this research seeks to ensure that technology remains a powerful instrument of human expression rather than a substitute for it.330 views -
Pages 234 - 245Crime is timeless, it has been here since society began and will be here forever. As long as society improves its safeguards, criminals will change their approaches .Crime and criminality have been associated with man since his fall. Crime remains elusive and ever strives to hide itself in the face of development. Different nations have adopted different strategies to contend with crime depending on their nature and extent . The virtual space in which all of Information Technology mediated communication and actions are taking place is often referred to as ‘Cyber Space’. Cyberspace cannot be spatially located. It is made up of intangible objects, such as your website, blog, social networks, email accounts, personal information and reputation. Cyber space can be thought of as a global electronic village with instantaneous communication and no geographical barriers.362 views
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Caught in Deep Waters: Criminal Liability of Seafarers and the Evolving Legal Framework Against Piracy Post-2020
Assistant Professor at Maharashtra National Law University, Mumbai, IndiaPages 246 - 251The global maritime industry, while serving as the backbone of international commerce, inherently exposes seafarers to significant hazards, including marine casualties and the persistent threat of piracy and armed robbery. Marine casualty investigations are fundamental to enhancing maritime safety and ensuring accountability within the global shipping industry. Piracy targeting commercial ships continues to be a major concern for global maritime trade, as crew members remain vulnerable to abduction and ransom demands. Although the primary goal of maritime law has long been to safeguard life and security at sea, the growing complexity and layered nature of legal frameworks frequently obstruct their practical implementation and enforcement. This paper explores the multifaceted landscape of criminal liability for seafarers within this dynamic environment, particularly in the context of evolving threats such as piracy and armed robbery, which have seen a continuous rise in incidents and crew kidnappings. It critically assesses how existing legal frameworks, including the UNCLOS and the Convention on Maritime Labour, 2006 (MLC 2006), attempt to provide protection, while highlighting the pervasive challenges seafarers face, often finding themselves criminalized despite being victims. The analysis extends to the limitations of current multilateral instruments and soft law in offering comprehensive safeguards, especially concerning wage protection and due process for seafarers held hostage. Ultimately, the paper argues that systemic reforms, including robust financial guarantees and enhanced legal aid, are imperative to ensure timely, equitable, and accessible justice for seafarers, fostering a more seafarer-centric approach to maritime governance.316 views -
Forensic Frontiers in India’s Wildlife and Narcotics Crime: Challenges and Legal Perspectives
LL.M. Student at National Law University, Delhi, IndiaPages 252 - 273The introduction of the Bharatiya Sakshya Adhiniyam (BSA) has significantly transformed court proceedings related to expert evidence, broadening the scope of the term “experts”. It is no longer constrained to specific fields, a long-overdue acknowledgment of scientific and technological advancements. Nevertheless, such evidence, including forensics, is not conclusive proof and has a high corroborative threshold. This paper engages in a doctrinal analysis of the laws and controversies regarding the two most lucrative areas of illegal trade- wildlife crimes and narcotics, emphasizing the Indian scenario. In both cases, forensics plays an important role. DNA-based wildlife forensics has progressed, seemingly, facilitating the process of species/herd identification in wildlife crimes like poaching. Even developing countries like India have incorporated such methods. However, have the Wildlife Protection Act, 1972, and other procedural laws evolved accordingly? Are the State’s policies and infrastructural facilities advanced enough to collect, culture, profile, and detail delicate DNA evidence, susceptible to sample contamination and degradation? Does the present wildlife database provide sufficient reference data for the authorities to proceed and prosecute with this not-so-nascent yet globally accepted scientific technology? Narcotics forensics is another evolving field contributing to establishing guilt, dismantling drug trade networks, evaluating drug abuse, etc. Who qualifies as an expert in such cases, to minimize wrongful convictions? What are the admissibility standards where evidence tampering is prevalent but uniform protocols are absent? How can complex forensic evidence be made comprehensible to judges? These are some questions this paper endeavours to answer while providing legal and policy suggestions.369 views -
Pages 274 - 287This paper examines the evolving legal rights of women in live in relationships in India. The rights of women within relationships in India have become a critical subject of legal, social and cultural discourse in recent decades. Traditionally, gender roles were shaped by patriarchal norms that often limited women’s autonomy and decision-making power in marital and domestic spheres. However, the constitutional guarantee of equality and subsequent legal reforms have gradually expanded the recognition of women’s rights in relationships, particularly in areas of marriage, divorce, maintenance, and protection from violence. The enactment of laws such as the Protection of Women from Domestic Violence Act (2005) and amendments to the Hindu Marriage Act and other personal laws underscore the state’s effort to ensure dignity and security for women in intimate partnerships. Beyond legal frameworks, social awareness and feminist movements have contributed to redefining the understanding of consent, agency, and respect in relationships. Despite these advances, challenges persist due to deep-rooted cultural practices, lack of effective enforcement, and societal resistance to change. Therefore, examining women’s rights in relationships in India highlights both the progress made and the barriers that continue to undermine gender justice. Strengthening awareness, legal literacy, and institutional support remains essential for ensuring equitable and respectful partnerships. Obtaining all the constitutional provisions, legislative frameworks, and judicial precedents, This paper explores rights of women relating to domestic violence protection, maintenance, property, and children’s legitimacy. Given societal constraints and legislative gaps, the study is emphasising on the need for clearer legal statutes to ensure gender justice and protection of women’s rights.569 views
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Amazon Seller Services vs Malay Patel (2022): Reassessing Platform Liability in E-Commerce Disputes
LL.M. (Taxation) Graduate in IndiaPages 288 - 298This case analysis explores the landmark decision in Amazon Seller Services Pvt Ltd v. Malay Patel (2022), which redefined the scope of intermediary liability in India’s e-commerce landscape. The dispute arose when a consumer received a defective product from a third-party seller on Amazon.in and sought compensation directly from the platform. Amazon claimed protection under Section 79 of the Information Technology Act, 2000, asserting its role as a passive intermediary. However, the State Consumer Disputes Redressal Commission held Amazon liable, citing its active involvement in hosting, payment processing, logistics, and customer service. The judgment emphasized that platforms exercising substantial control over transactions cannot evade liability under the Consumer Protection Act, 2019 and the E-Commerce Rules, 2020. This case sets a precedent for platform accountability, blurring the line between intermediary protection and seller responsibility. It also carries indirect tax implications, as platforms deemed “sellers” may face GST and other compliance burdens. The analysis critically examines the legal reasoning, regulatory framework, and broader implications for digital commerce governance in India.658 views -
Navigating the Ice: A Legal Lens to India’s Role in the Arctic’s Emerging Geopolitical Landscape
Student at Dr. B.R. Ambedkar National Law University, IndiaPages 299 - 313Once considered a remote expanse of frozen wilderness, the Arctic, is now, with due course of time emerging as a focal point for global governance, climate science and geopolitical competition, making it a key area of deliberation in the eyes of major world powers. This paper seeks to examine India’s engagement in the Arctic region through a multidisciplinary lens which intends to integrate the disciplines of International Law, Environmental Law and Geopolitics. Additionally, it seeks to draw the attention to how India’s interest in Arctic is neither symbolic nor peripheral but instead rooted in its climate vulnerability, maritime ambitions, and energy security needs. The research methodology of this paper is doctrinal and analytical in nature examining both primary legal instruments and secondary literature and policy documents. This paper is structured in such a way so as to provide the readers with a clear conceptual and legal overview of governance in Arctic region while simultaneously analysing India’s existing research infrastructure and policy initiatives concerning the region; along with identifying the key legal and geopolitical challenges that India might have to confront when increasing its engagement in Arctic. Additionally, it also explores the various opportunities that India can utilise to increase its engagement in Arctic in a sustainable manner so as to ensure that it doesn’t get left behind in this global polar pursuit.333 views -
Legal Education in Some Countries of the World and Lessons for Legal Education in Vietnam’s Vocational Education Institutions
Lecturer at Nam Dinh University of Technology Education (NUTE), VietnamPages 314 - 323This paper examines legal education (LE) in several countries, including China, Russia, Australia and Thailand and draws lessons for Vietnam, particularly within vocational education institutions. The study shows that these countries consider LE a crucial task, implemented continuously from general education to higher education, with diverse content, methods and strong links to practice. In Vietnam, although LE in vocational institutions has achieved certain results, it still faces limitations in curricula, teaching methods and lecturer capacity. To improve effectiveness, the paper suggests renewing curricula and teaching methods, strengthening lecturer training, connecting theory with practice, diversifying forms of education and fostering students’ self-awareness. International experiences, combined with domestic solutions, can enhance LE quality, shape legal consciousness and promote lawful behavior, thereby contributing to social development and international integration.378 views -
Pages 324 - 329The concept of corporate mens rea challenges traditional criminal law, which rests on individual culpability. Courts and legislatures have sought to reconcile this by employing doctrines such as identification, vicarious liability, and aggregation, yet these remain conceptually and practically inconsistent. This paper examines corporate criminal liability through a comparative lens—focusing on the United Kingdom, United States, and India—to highlight gaps in India’s reliance on judicial interpretation absent statutory clarity. The analysis reveals that neither strict identification nor expansive vicarious liability adequately reflects modern corporate realities. The paper proposes a hybrid model, integrating individual culpability with organizational culture and compliance mechanisms. Such an approach would enhance deterrence, promote good governance, and provide doctrinal coherence in attributing criminal liability to corporations, while ensuring fairness and proportionality in enforcement.680 views
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Digital Redemption: Can We Truly Be Forgotten?
Student at Faculty of Law, Delhi University, IndiaPages 330 - 338The article explores the evolving concept of the Right to Be Forgotten (RTBF) in an era where internet permanence regularly poses questions in front of us related to reputation and identities. The author juxtaposes the growing concern of Japan’s jōhatsu phenomenon and literary depictions like H.G. Wells’ The Invisible Man to examine the extent of human desire for a ‘Clean Slate.’ The discussion traces RTBF’s jurisprudential origins from France’s droit à l’oubli to the landmark Google Spain SL v. AEPD (2014) decision, which prompted the inclusion of RTBF in the EU’s General Data Protection Regulation (GDPR) under Article 17. This provision enshrines erasure rights while striking a balance between freedom of expression and public interest. The article further examines the applicability of the RTBF within Indian legal discourse, referencing the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, as signals of progress while a comprehensive statute remains absent. In India, RTBF gained recognition through Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a judgment that actively shaped the constitutional right to privacy under Article 21. The discussion further incorporates citations to multiple other judicial precedents, including Sri Vasunathan, Zulfiqar Ahman Khan, Vysakh K.G., and ABC v. State (NCT of Delhi), highlighting the use of RTBF from protecting victims' dignity to anonymizing acquitted individuals. The article critically examines challenges in adopting RTBF, including conflicts with the Right to Information, transparency concerns, and potential chilling effects on journalism. It advocates for a case-by-case judicial approach, public interest safeguards, and careful distinction between outdated harmful content and truthful public records. Concluding that digital permanence demands a legal mechanism to restore dignity, it calls for India to adopt a robust RTBF regime, ensuring that individuals can choose when their digital shadows fade.296 views -
Guns, Gavels, and Governance: A Comparative Study of U.S. Posse Comitatus & Insurrection Acts and India’s Emergency – Martial Law Frameworks in Managing Domestic Unrest
Student at School of Law, Lovely Professional University, Jalandhar, Punjab, IndiaPages 339 - 366The conflicted boundary between military authority and civil governance remains one of the most contested questions in constitutional democracies. This paper undertakes a comparative analysis of the United States’ Posse Comitatus Act and related emergency powers, on the one hand, and India’s constitutional provisions for emergency rule and martial law on the other, in order to examine how each system negotiates the delicate line between safeguarding public order and preserving civil liberty. The inquiry is entrenched in light of two recent controversial and illustrative contemporary episodes: President Trump’s decision to federalise the California National Guard and deploy elements of the United States Marine Corps during the Los Angeles protests arising from immigration enforcement operations, 2025, and the erstwhile deployment of the Indian Army to Guwahati in December 2019 amidst the violent unrest surrounding the promulgation of the Citizenship Amendment Act and the National Register of Citizens. By juxtaposing these events against their respective legal frameworks, the study aims to reveal striking parallels and divergences. In the American context, the invocation of the Insurrection Act as an exception to the Posse Comitatus Act underscores the enduring ambiguity over the permissible role of federal troops in civil law enforcement. In India, the reliance upon Articles 352–360 concerning emergencies, together with Article 34’s provision for martial law, and the long-standing doctrine of “Army in Aid to Civil Power,” demonstrate a similarly elastic interpretative space, where executive discretion can overshadow judicial and parliamentary oversight. The comparative exercise suggests that while the United States and India profess distinct constitutional traditions, they share a common vulnerability: the tendency to blur the civil–military divide under conditions of perceived crisis.307 views -
Pages 367 - 377This study explores the relationship between faculty and student knowledge, practice, and attitude in implementing the Clinical Legal Education Program (CLEP) at Wesleyan University – Philippines. Using a descriptive-correlational design, it examines how these variables interact within the framework of the Legal Education Board. The independent variables (faculty knowledge, practice, and attitude) were correlated with the dependent variables (student knowledge, practice, and attitude). Faculty scored higher than students in knowledge (3.79 and 3.83 vs. 3.01 and 3.16), practice (3.78 and 3.84 vs. 3.55 and 3.38), and attitude (3.91 and 3.80 vs. 3.49 and 3.84). However, statistical analysis showed no significant relationships between faculty and student variables, with p-values for knowledge (0.77), practice (0.39), and attitude (0.35) all above 0.05. These findings suggest that while both groups perform well individually, their efforts are not significantly aligned. The study underscores the need for deeper collaboration and systemic reforms to strengthen CLEP outcomes and enhance stakeholder engagement.427 views
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Characteristics of Financial Frauds in Government Contracts
Advocate at Delhi High Court, IndiaPages 378 - 389Since technology has expanded and evolved, fraud in the financial industry has developed considerably, costing firms and consumers hundreds of billions of dollars each year. The fraudsters who target the financial sector are in a fast phase of adapting to techniques to exploit gaps in current protective measures. These crimes include insider trading, money laundering, credit card fraud, stock and commodity fraud, and health and auto insurance fraud. Systems for combating fraud alone do not offer enough protection against these crimes. As a consequence, it is more critical than ever to have fraud detection systems in place to detect fraudulent acts after they have occurred and perhaps save money. Over the past several decades, researchers have intensively investigated anomaly detection approaches for this purpose; many of these methods have used statistical, artificial intelligence, and machine learning models. Until recently, the most prevalent models studied in research were supervised learning algorithms.256 views -
Unravelling the Impact of BNSS, 2023 on Bail Jurisprudence in India
Student at Bharati Vidhyapeeth Deemed to be University, New Law College, Pune, IndiaPages 390 - 399This paper deeply explores the enormous consequences of the Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023 on India's existing bail jurisprudence. It tries to provide a complete study of the modifications implemented, comparing them to the previous Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC). This paper aims to provide significant insights into the country's future bail administration landscape by conducting a thorough examination of key modifications, potential implications, challenges, and recommendations. The Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023 represents a substantial transformation in India's criminal justice system, particularly in bail jurisprudence. This abstract concisely outlines the fundamental improvements implemented by BNSS to streamline and update the existing bail structure. It discusses how the new measures are intended to address issues such as judicial discretion, extended undertrial prisoners, and the balance between individual liberty and social security. Furthermore, this paper is laying the groundwork for a more in-depth investigation of BNSS's transformative impact on bail jurisprudence.456 views -
This paper offers a critical reflection on the use of propositions and hypotheses in legal research, engaging with their definitions, roles, benefits, and limitations within the methodological traditions of common law scholarship. It traces the origins of hypotheses as tentative, testable statements grounded in the scientific method, while acknowledging the challenges of translating this model into a discipline primarily concerned with normative reasoning, doctrinal analysis, and interpretive judgment. Propositions, understood as broader assertions about the law or legal principles, are highlighted as central to legal reasoning and scholarship, functioning as the building blocks of doctrinal analysis and theoretical debate. The paper argues that while hypotheses can provide clarity, focus, and methodological discipline particularly in socio-legal and empirical studies that rely on data collection, observation, and measurable outcomes they may be ill-suited for many doctrinal inquiries where legal interpretation and normative evaluation take precedence. Through analysis of both supportive and critical perspectives, the paper demonstrates that hypotheses can sharpen inquiry, prevent bias, and contribute to theory-building, yet their rigid application risks oversimplifying complex legal issues, fostering confirmation bias, or constraining creativity in normative debates. Drawing on examples from doctrinal, socio-legal, and interdisciplinary research, it emphasizes that the value of hypotheses lies in their context-sensitive use: as valuable tools in empirical inquiry and sometimes useful aids in doctrinal studies, but not as universally mandatory features of legal research. Ultimately, the paper concludes that propositions and hypotheses should be seen as complementary devices that, when applied judiciously, enhance the rigour and relevance of legal scholarship, but that legal researchers must remain flexible and critical in deciding whether to employ them, ensuring that the methodology serves the research problem rather than dictates it.370 views
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The Role of International Law in Combating Terrorism and Transnational Crimes
Student at Bharati Vidyapeeth (Deemed to be University) New Law College, Pune, IndiaPages 416 - 444Terrorism and transnational crime proliferation present one of the most imminent challenges to peace, security, and the rule of law in the 21st century. With criminal networks and terror groups extending far beyond the confines of national borders, exploiting loopholes in the law, and employing new technologies, unilateral national efforts have been wanting. This research paper examines the imperative function of international law in combating terrorism and transnational crime. The paper begins by defining terrorism and transnational crimes, referencing the lack of a shared definition of terrorism as the primary obstacle to legal harmonization. It then examines landmark international treaties and emphasizing their efforts to harmonize global criminal norms. Institutions such as the International Criminal Court (ICC), International Criminal Tribunals, and regional courts are examined to determine their contribution towards accountability and jurisprudence. However, the paper also emphasizes major enforcement barriers, including jurisdictional disputes, incompatible mutual legal assistance (MLA) regimes, the politicization of the judiciary, and limited international cooperation. Case laws provide illustrations of the successes and failures of international law in action. The study also examines the growing relevance of digital crime, artificial intelligence, and non-state actors in reshaping new threats. Last but not least, the paper proposes comprehensive reforms: establishing an all-embracing world convention on terrorism, combining AI and cyber assets into enforcement, strengthening regional juridical cooperation, streamlining MLA and extradition networks, and promulgating victim-sensitive, human rights-friendly policy. The research concludes that international law’s role and its effectiveness hinge on the cooperation of states, the clarity of norms, the fairness of resources, and the political will for change.499 views -
India’s digital economy, propelled by the rapid growth of e-commerce, has reconfigured traditional notions of consumer protection. While online marketplaces expand access, efficiency, and inclusivity, they simultaneously engender new layers of vulnerability ranging from algorithmic manipulation and counterfeit products to opaque refund policies and jurisdictional hurdles in cross-border transactions. The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 represent an ambitious legislative recalibration, embedding accountability, transparency, and deterrence into the digital marketplace. Yet, enforcement bottlenecks, regulatory ambiguities, and weak institutional capacity often reduce statutory protections to aspirational ideals rather than substantive safeguards. This article critically traces the historical trajectory of consumer jurisprudence in India, from the ethical trade norms of the Arthashastra and medieval guilds to the transformative framework of the 1986 and 2019 Acts. It interrogates contemporary challenges in e-commerce information asymmetry, data exploitation, dark patterns, and platform accountability through doctrinal analysis, case law trends, and statistical evidence of rising consumer grievances. By situating India’s regulatory approach against comparative global practices, it argues that consumer law in the digital age must move beyond reactive remedies to proactive accountability. The study concludes that while the 2019 Act marks a paradigm shift, its success hinges on enforcement innovation, institutional strengthening, and digital literacy. A reform roadmap is proposed that integrates platform liability, algorithmic transparency, cross-border enforcement mechanisms, and constitutional values of fairness and dignity. Ultimately, the article contends that safeguarding consumer rights in the digital economy is not merely a statutory imperative but a constitutional necessity for ensuring sustainable and equitable growth.354 views
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Pages 469 - 488India’s startup ecosystem has exploded in recent years, attracting attention from investors and entrepreneurs around the globe. At its core, corporate governance is about balancing the interests of everyone involved founders, shareholders, employees, and customers . It’s built on four key values: accountability, integrity, transparency, and responsibility. India’s Companies Act of 2013, which replaced the older law, is grounded in these principles. Yet, many startups are still struggling with good governance practices, raising concerns about their long-term stability and the protection of stakeholder interests. This paper examines what corporate governance really means and how it is being applied or sometimes overlooked in Indian startups. It highlights both the main challenges startups face in adopting solid governance standards and the potential ways to improve. While some startups have set up strong governance practices, many still lack the basics, like well-defined board structures, effective internal controls, and transparent disclosure practices. By using doctrinal research, this study sheds light on the importance of these core values and practices in achieving good governance. In doing so, it contributes to a deeper understanding of corporate governance in India’s growing startup landscape and lays the groundwork for further research on this topic.401 views
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Provisional Direct Tax Reform that’s Leads to Decline Direct Tax Dodging
Student at University Institute of Legal Studies Chandigarh University, IndiaPages 489 - 494Taxation is a vital part for the growth of national economic, and infrastructure development. Tax evasion encompasses any behavior deemed immoral or unlawful that the tax authorities cannot defend for whatever reason. Because so much tax has been evaded through illegal ways, national income has decreased, which has resulted in the creation of illegal funds that endanger the nation's economy and obstruct its expansion. Direct tax evasion in India poses a significant challenge for the country's finance department. It is a complicated kind of white-collar crime, despite ongoing tax reform in India. Widespread evasion undermines government income, resulting in economic and social upheaval. Socially, it erodes public trust in the government, economic inequality, and injustice. Central Board of Direct Tax is in charge of determining the precise tax due and amount owed by the assessor and levying penalties in the event of nonpayment. The goal of tax evasion is often to avoid paying taxes. Contrarily, tax avoidance describes a person's attempt to lawfully lesser his income tax liability; dodging income tax will result in fines and penalties. This research paper will encourage you to consider the provisional reforms that may lead to downsizing of tax evasion in India and this paper will let you consider the loopholes that leads to high tax avoidance and tax evasion.599 views -
In India, arbitration has become a prominent dispute resolution method, especially in the business sector where parties value efficiency, adaptability and autonomy. However, its use in the real estate sector has been convoluted and frequently disputed. This paper critically analyses Indian arbitration law with an emphasis on real estate disputes, a field that usually involves numerous parties, expensive transactions and the interests of consumers. From the Arbitration Act of 1940 to the Arbitration and Conciliation Act of 1996 and its amendments, it charts the development of arbitration law, emphasizing the move toward a more arbitration-friendly framework. To determine whether arbitration is a practical solution, the study examines the types of real estate disputes, such as builder-buyer disputes, joint development agreements, investor-developer issues and lease disagreements. Arbitration has been limited when consumer rights and public policy are involved, but it has been maintained in business disputes between parties with equal bargaining power. The study critically examines the benefits and drawbacks of arbitration in this field, contrasts India's strategy with global norms and makes reform suggestions. It concludes that for arbitration to be a successful mechanism for resolving real estate disputes in India, a standardized framework that aligns it with statutory protections is required.549 views
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Misuse vs. Protection in Domestic Violence and Sexual Assault Laws
PhD Scholar at Galgotias University, U.P., IndiaPages 505 - 514In the beginning, domestic violence and sexual assault laws existed mainly to shield the vulnerable sections of society from systematic abuse, with women being the major beneficiaries, historically. Nevertheless, the discussion over the misapplication of these laws has grown increasingly intense in recent years, with several allegations being raised, such as false accusations, abuse of the law through filing of frivolous lawsuits, and the use of protective statutes for personal gain. This research, using the doctrinal method, looks into the statutory provisions, court decisions, and academic commentaries to assess if these laws provide a fair balance between helping the protected who are actually victims and ensuring the rights of the accused. By examining the domestic and comparative case law, the research points out the urgent need for reform to ascertain that laws become instruments of justice rather than the ones that abusers use.250 views -
Pages 515 - 532This paper aims to endeavour to execute a comparative analysis of the legal frameworks, constructs and judicial pathways taken up by the courts in the United Kingdom and India, with primary viewpoint on the requisitioning of relief grants and the contemporary challenges raised against the fora of arbitral awards. India and United Kingdom have a dedicated arbitration statute entrenched in the UNCITRAL Model Law; this exposition earmarks significant discrepancies in the interpretation, analysis and usage implementation of the UNICITRAL Model Law's alongside the principle of non-intervention between two different independent territorial jurisdictions. The primary focus of the comparative analysis identifies similarity and disparity of grounds for granting relief and challenging arbitral awards by examining Arbitration act of 1996 (UK) and The Arbitration and conciliation act 1996. Further the paper examines how both jurisdiction of UK & India handles recognition and enforcement under the New York convention. Comparative study between two states will open the minds of the makers of legislation which leads to mould a question about how statutory design directly impacts in shaping judicial attitude, judicial consistency and predictability. The ultimate endeavour of this comparative investigatory scrutiny is to illuminate and make a plain sight of pre-existing ambiguities, depreciate redundant and futile judicial intervention and illuminate varies ways to surmount remissions in enforcement, while consigning the exigency for concurrence and reform to strengthen arbitration's role as a reliable global dispute resolution mechanism.334 views
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Pages 533 - 541This paper examines the role of counterclaims in international investment arbitration and argues that they are essential to balance investor protections with host State interests. Investment arbitration has traditionally prioritized investor protection, often leaving States with limited mechanisms to hold investors accountable for conduct that harms public interests, including environmental degradation, labour rights violations, tax avoidance, and human rights abuses. The paper reviews the legal framework for counterclaims, focusing on Article 46 of the ICSID Convention, relevant UNCITRAL provisions, and recent bilateral investment treaties that include counterclaim clauses. Through doctrinal analysis and case law, it shows how tribunals have tended to read the requirement that counterclaims arise out of the investment narrowly, producing jurisdictional and evidentiary barriers. The study identifies practical obstacles: the need for investor consent, uncertainty about the tribunal's jurisdictional scope, high evidentiary thresholds, and the imbalance in negotiating power between many host States and investors. To address these problems, the paper proposes practical reforms: treating counterclaims as admissible where they are materially connected to the original dispute, encouraging treaty language that expressly permits counterclaims, harmonising procedural rules across forums, and promoting collective bargaining by host States to strengthen treaty terms. The conclusion suggests that, if adopted carefully, these measures would improve accountability, protect public interests, and recalibrate investor-State relations without undermining legitimate investor protections. It also emphasises the importance of capacity-building and technical assistance to help developing States enforce counterclaims effectively in complex disputes. The paper offers targeted recommendations for treaty drafters, arbitral tribunals, and policy makers.311 views
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Right to Development and the Urgency of its Implementation
Faculty of Law Universitas Atma Jaya Yogyakartam, IndonesiaPages 542 - 555This research examines the right to development as a human rights concept and its implementation. The Declaration on the Rights to Development, based on the UN General Assembly Resolution 41/128, 4 December 1986, stated that development is an inalienable human right. However, development as a human rights concept is opposed by several developed countries, and the UN General Assembly Resolution on the right to development is often viewed as non-binding. On the other hand, developing countries need development to address the economic underdevelopment of their people. This issue was examined using normative legal research. The data was analyzed using qualitative methods, and conclusions were drawn using inductive methods. From the data analysis, it can be concluded that development as a human rights concept is now increasingly recognized and regulated in various regional human rights instruments and national laws. Every country, individually and collectively, has an obligation to implement the right to development. Development is necessary to reduce welfare disparities, create global economic justice, and mitigate the negative impacts of WTO free trade.208 views -
Critical Study on Interpretative tools of Interpretation: Ejusdem Generis and Noscitur a Sociis
Student at Jagran Lakecity University, Bhopal, IndiaPages 556 - 568Ejusdem Generis and Noscitur a Sociis, both are the interpretative tools and comes under the category of Secondary Rules of interpretation. The slighter difference between the two is the ejusdem generis is restrictive in approach whereas noscitur a sociis is broader in approach. Ejusdem Generis is considered to be a subset of noscitur a sociis, it falls under noscitur a sociis. Both are the rules of Interpretation and helps in finding out the intention of the legislature behind framing the law. The main objective of this paper is to let the reader understand about both the tools of interpretation that is ejusdem generis and noscitur a socii about the essential principles, conditions, scope and limitations.266 views -
Ensuring the Right to Health During the Covid-19 Crises: Constitutional and International Law Dimensions
Research Scholar at Faculty of Law, Dr. Rammanohar Lohia Avadh University, Ayodhya, U.P., IndiaPages 569 - 580Health is universally acknowledged not just as freedom from illness but as a state of overall physical, mental, and social well-being. The entitlement to the highest attainable standard of health is affirmed as one of the core humans right by international instruments as well as by constitutional frameworks of several countries. In this regard, the World Health Organization (WHO), as the leading authority in global public health, bears the responsibility of coordinating international action to safeguard and promote health across nations. Each Member State of the United Nations (UN) have accordingly established their own healthcare infrastructure and delivery mechanisms with the objective of fulfilling this fundamental right for its citizens. Nevertheless, the sudden outbreak of the COVID-19 pandemic brought to light the stark deficiencies, inadequacies, and inequities in healthcare systems not only in developing nations like India but also in many developed parts of the world. The pandemic severely tested the resilience of medical infrastructure, highlighted the limitations of resource allocation, and raised pressing ethical, legal, and policy questions regarding access to healthcare and medical facilities. Beyond the health sector, COVID-19 also disrupted the socio-economic fabric of societies globally, accentuating vulnerabilities of marginalized communities and creating new challenges in governance, social justice, and human rights protection. In India, the pandemic highlighted critical concerns regarding the constitutional and legal position of the right to health under Article 21, judicial interpretations, and the extent to which state mechanisms could ensure equitable access to medical services. This research paper closely examines these constitutional and legal dimensions of the right to health and medical care in India during the pandemic, with particular emphasis on the gaps that were exposed and the lessons learned. Further, it also evaluates the effectiveness and limitation of the World Health Organization (WHO), and its accountability in responding to one of the gravest global health emergencies in modern times. By integrating legal, constitutional, and institutional perspectives, the paper aims to provide a deeper understanding of the right to health in emergencies and to suggest ways for strengthening global and national healthcare governance in the post-pandemic world.155 views -
Executive Powers and their Legal Interpretations in the Twenty-First Century
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 581 - 605In the twenty-first century, the exercise of executive powers has undergone significant transformation, driven by global events, technological advancements, and shifting political landscapes. The concept of executive authority, while historically rooted in the need for efficient governance, has increasingly become a focal point of legal, constitutional, and political debate. This research paper delves into the intricate dynamics of executive powers, exploring how these powers have been interpreted, contested, and expanded in modern democracies. The scope of executive authority encompasses a wide range of actions, from enforcing laws and directing military operations to managing public health emergencies and responding to security threats. However, the legal boundaries of these powers remain contentious, especially as executives seek to navigate crises that challenge conventional governance structures. The paper begins by examining the historical evolution of executive authority, tracing its origins from the absolute powers of monarchies to its more restrained role within constitutional democracies. It highlights how political theorists, such as John Locke and Montesquieu, advocated for the separation of powers to prevent the concentration of authority in a single branch of government. This theoretical framework laid the foundation for modern constitutions, which attempt to balance the need for strong executive leadership with the imperative to protect individual liberties and democratic principles. In recent decades, global events such as the September 11 attacks, the rise of cyber threats, and the outbreak of the COVID-19 pandemic have led to an expansion of executive powers in numerous countries. Governments have increasingly relied on emergency powers to address national security concerns, public health crises, and other extraordinary circumstances. This paper provides an in-depth analysis of the legal interpretations of such powers, emphasizing how courts have played a critical role in determining their limits. By exploring landmark cases from the United States, India, the European Union, and other jurisdictions, the research highlights the ongoing struggle to define the boundaries of executive authority in democratic systems. A central theme of this paper is the tension between the necessity of decisive executive action during emergencies and the risk of executive overreach. While the ability to act swiftly is crucial in times of crisis, unchecked executive powers can erode civil liberties, undermine the rule of law, and threaten the very fabric of democracy. The paper discusses how various legal frameworks and judicial reviews have sought to balance these competing interests, providing insights into the complex interplay between executive, legislative, and judicial branches. Furthermore, the paper explores contemporary challenges posed by technological advancements and their impact on executive authority. The advent of surveillance technologies, artificial intelligence, and big data analytics has enabled governments to monitor citizens and gather intelligence on an unprecedented scale. While these tools can enhance national security, they also raise significant ethical and legal concerns regarding privacy rights and state surveillance. The paper critically examines how existing legal frameworks have struggled to keep pace with these technological developments, and whether new legislative measures are needed to safeguard civil liberties in the digital age. The final section of the paper addresses the implications of expanding executive powers for global governance, particularly in light of international cooperation and transnational challenges. Issues such as climate change, pandemics, and international terrorism require coordinated responses that often necessitate the exercise of executive authority beyond national borders. However, such actions can lead to conflicts between national sovereignty and international law, as well as tensions within domestic legal systems. In conclusion, this research underscores the importance of maintaining a delicate balance between empowering executives to respond effectively to crises and ensuring that their actions remain within the bounds of constitutional and legal norms. As the world continues to face unprecedented challenges, the role of executive powers will undoubtedly remain a crucial yet contested domain of legal and political analysis. By drawing on historical precedents, legal doctrines, and contemporary case studies, this paper aims to contribute to a deeper understanding of executive powers and their legal interpretations in the twenty-first century, providing valuable insights for scholars, policymakers, and legal practitioners.202 views -
The Disproportionate Burden of Climate Change: Challenges and Policy Solutions for the Marginalized
PhD Research Scholar at University of Lucknow, IndiaPages 606 - 619Climate change is taking place around the globe. Its impact is felt by all. But it sure does not affect all in a similar manner. There are certain geographies and within them certain class that are bearing the brunt of it the most. The nature sure does not discriminate but people do. Looking back at history, we know that the driving force behind industrialization had been none other than the west or the so-called developed nations. The developing nations or the not so industrialized society has paid the cost of the industrialization in form of loss of indigenous markets and economy which in turn, even then, has affected the marginalized section the most. Today, the situation is not much different. The rich perpetrate the degradation of the environment and the marginalized pay the cost of it. Be it floods, cyclones, landslides or any kind of diseases that are result of rising global temperature, it is the marginalized section which struggles to cope up and adapt to the disastrous consequences of the environmental degradation to which they have probably contributed the minimal. The loss of biodiversity affects these marginalized people, the most, who depend on the natural habitat for their day-to-day activities. However, these people are never considered as stakeholders when it comes to formulating policy measures by world leaders at any of the environmental conferences nor are their governments sensitive about their needs. The need of the hour is to consider the requirements of the marginalized sections across geographies in all the developing countries and bring the voices of these people to the negotiating table so that their struggles can be empathetically felt and be indoctrinated in the climate change mitigating and adapting measures of the countries. The paper proposes to point out the disproportionate cost that the marginalized sections in all the developing nations pay as a consequences of climate change and how their burdens can be decreased. Also, the paper proposes to bring the voices of these people to the world forum and that policies be made concerning them as one of the major stakeholders in mitigating the effects of climate change and discuss the need for sensitization for ones who are least at any fault in bringing about the climate change conditions.175 views -
Integrating Cognitive Machines into Judicial Processes: A Frontier in Legal Intelligence
Research Scholar (Law) at Department of Studies in Law, University of Mysore, IndiaPages 620 - 633The rapid evolution of artificial intelligence (AI) technologies presents a transformative opportunity for judicial systems worldwide. Integrating Cognitive Machines into Judicial Processes: A Frontier in Legal Intelligence explores the emerging interface between law and machine intelligence, examining how AI-powered tools—particularly cognitive machines—can augment legal decision-making, enhance administrative efficiency, and broaden access to justice. This paper provides an in-depth analysis of technologies such as data mining, natural language processing (NLP), machine learning, and big data analytics, emphasizing their roles in legal research, case prediction, and automated translation. It also investigates the ongoing digital transformation within the Indian judicial system, highlighting initiatives such as e-filing, the Inter-Operable Criminal Justice System (ICJS), NSTEP for process service, and the National Judicial Data Grid (NJDG). The study underscores how mobile legal applications and natural language-based advisory systems are enabling more inclusive and responsive legal services. Ultimately, the integration of cognitive technologies into judicial workflows signals a paradigm shift toward more intelligent, efficient, and citizen-centric legal systems.250 views -
Globalisation of Interpretivism with Specific Reference to Judicial Dissents
Ph.D. Scholar at National Law Institute University, Bhopal, IndiaPages 634 - 645This paper examines the globalization of interpretivism, focusing on the pivotal role of judicial dissents in shaping constitutional law and legal principles, both within India and across jurisdictions worldwide. The study highlights how dissenting opinions-far from being mere minority views-serve as instruments of transformative constitutionalism and catalysts for legal evolution and reform. Through analysis of landmark Indian dissents, such as those by Justices Syed Mahmood, Radhabinod Pal, H.R. Khanna, and D.Y. Chandrachud, the paper demonstrates the enduring influence of interpretive dissent on domestic law and its cross-border impact, citing instances where foreign courts have relied on Indian dissents to adjudicate issues of constitutional rights and privacy. The research further explores the integration of international principles and comparative jurisprudence, including references to global conventions on judicial independence and due process. By underscoring the symbiotic relationship between interpretivism, dissent, and constitutional transformation, this study advances the discourse on judicial creativity and independence as foundational elements in the protection of civil liberties and the continual evolution of rule of law.182 views -
Pages 646 - 663The Indian legal framework provides comprehensive protections for children through both constitutional guarantees and statutory enactments. Among these, the “Protection of Children from Sexual Offences (POCSO) Act, 2012" stands out as a pivotal piece of legislation that seeks to address the grave issue of child sexual abuse in a focused and systematic manner. This research paper critically examines the constitutional foundations of child rights in India, particularly under Part III of the Constitution, and explores how these rights are operationalized through the POCSO Act. The study analyses the scope and efficacy of the Act by scrutinizing key provisions, judicial interpretations, and procedural safeguards, with an emphasis on the lived realities of child victims within the justice delivery system. In doing so, the paper reveals a gap between the statutory promise and practical enforcement of child protection laws. It highlights concerns such as delays in trial, lack of child-friendly procedures, inadequate training of stakeholders, and inconsistent application of victim-centric norms. The analysis further draws comparative insights from international standards, including the UN Convention on the Rights of the Child (UNCRC), to underscore the need for harmonization and progressive reforms. The paper concludes with specific, actionable recommendations to strengthen the implementation framework of the POCSO Act and to reinforce the constitutional commitment toward ensuring the dignity, safety, and holistic development of every child in India.305 views
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Institutional Innovation and Digital Transformation: The Evolution of India’s Judicial Information Systems
Research Scholar at Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur, IndiaPages 664 - 680This research article examines the comprehensive digital transformation of the Indian judiciary over two decades, analyzing the evolution from traditional paper-based court systems to sophisticated AI-powered digital platforms serving over 18,735 courts nationwide. The study traces the trajectory of India's eCourts Mission Mode Project through its three distinct phases: foundational computerization (2007-2015), citizen-centric integration (2015-2023), and AI-driven transformation (2023-2027), representing a total investment exceeding ₹9,815 crores. The study identifies significant achievements including the implementation of artificial intelligence for case management, blockchain technology for document security, and comprehensive e-filing systems across 25 High Courts. The research evaluates the impact of technologies such as natural language processing for multilingual translation, machine learning algorithms for predictive case analysis, and the Interoperable Criminal Justice System (ICJS) connecting police, courts, prisons, forensics, and prosecution systems. However, the analysis also uncovers persistent challenges including digital divide disparities between urban and rural courts, cybersecurity vulnerabilities in sensitive judicial data, infrastructure limitations affecting equitable access, and the need for continuous legal framework adaptation to accommodate emerging technologies. The study examines resistance to technological adoption among legal practitioners and the ongoing requirement for comprehensive training and capacity building programs. The study concludes that while significant progress has been achieved in enhancing access to justice, improving court efficiency, and increasing judicial transparency, ongoing challenges require sustained investment in infrastructure, human resource development, and adaptive legal frameworks. The success of Phase III implementation will determine whether India can achieve its vision of completely digital and paperless courts while maintaining the fundamental principles of justice, fairness, and due process. Future research directions identified include the need for comprehensive impact assessment of AI applications in judicial decision-making, evaluation of blockchain technology's effectiveness in preventing document fraud, analysis of virtual hearing outcomes on case disposal rates, and examination of the long-term implications of digital transformation on legal education and professional practice. The research contributes to global discussions on judicial modernization, technology governance, and the balance between technological efficiency and traditional legal principles in democratic societies.254 views -
Cyber Forensic: Pressing Need for Cyber Security
Assistant Professor at The Law School, Jammu University, IndiaPages 681 - 689The biggest techno-legal problem after commission of cybercrime is to investigate the case properly and finding evidence from the hi-tech crime. Finding evidence for web crime is the most important chore for a country, which is still developing. Since computer systems are vulnerable to attack, cyber forensics is very important. After detecting a case, it is pertinent for investigating officer to investigate the case completely, and the case would be only detected perfectly when cyber forensic techniques are well developed. India has so many cybercrime cells, cyber forensic laboratories, but whether they are equipped or not is still a matter of concern. Further these social networking sites develop so many addicts everyday. We are just far away from concentration and meditation mode since we have had inculcated habit of checking mobile in every 60 seconds. Debate must fill the number of pages on “Smartphone: A Boon or Bane” but surely we would not continue the endless debate, but still we can do is, we can invent the techniques through which we can do is, we can invent the techniques through which we can control over Cyber Crime.235 views -
Decriminalisation of Politics
Student at Bihar Institute of Law, IndiaPages 690 - 699The growing criminalisation of politics represents one of the gravest challenges to Indian democracy. While democracy is premised on equality, justice, accountability, and the rule of law, the increasing presence of elected representatives with serious criminal charges poses a direct threat to these ideals. Empirical data from the Association for Democratic Reforms (ADR) reveals a steady rise in Members of Parliament and State Legislatures with pending or convicted criminal cases, including heinous offences such as murder, rape, and corruption. This trend undermines the credibility of governance, erodes public trust, and creates an environment where lawbreakers become lawmakers. This paper critically analyses the causes and consequences of criminalisation, drawing on jurisprudential theories, constitutional principles, and landmark judicial pronouncements. It highlights how factors such as misuse of parliamentary privileges, political defection, electoral malpractices, and weak enforcement mechanisms enable individuals with criminal backgrounds to secure political power. The discussion further examines judicial interventions, including Union of India v. ADR, PUCL v. Union of India, and Public Interest Foundation v. Union of India, alongside proactive measures by the Election Commission of India mandating disclosure of criminal records, regulation of candidate selection, and voter awareness initiatives. Despite these efforts, the absence of stringent disqualification laws, efforts, delays in judicial processes, and lack of political will continue to obstruct meaningful reform. The paper argues that decriminalisation requires a holistic strategy involving legislative reform, fast-track courts, transparent candidate selection, stronger regulatory institutions, and active citizen participation. Ultimately, decriminalisation is not merely a legal reform but a democratic imperative to preserve the sanctity of governance and uphold constitutional morality.361 views -
Pages 700 - 716The huge growth of data usage, projected at over 181 zettabytes by 2025, has become an issue of worrisome in individuals as safeguarding the individual privacy as well as enabling state surveillance has emerged as a pivotal public-law issue worldwide. This research paper fills up the gap with the help of comparative public-law scholarship; analysing digital privacy rights, data protection, and surveillance laws in two major democracies (E.U. & U.S.) and two authoritarian countries (China & Russia). These have been chosen based on their influence globally having different legal traditions, and having different approaches for balancing the state power with individual autonomy. We have talked about five major questions in this research such as on the matters of privacy guarantees, power of surveillance, oversight mechanisms, fallback mechanism, impact on human rights, and the privacy-security balance. This study uses doctrinal analysis of primary sources (e.g. GDPR, Fourth Amendment, PIPL, Yarovaya Law), precedents (e.g., Schrems II, Carpenter), and recent AI-integration measures (EU AI Act; China’s AI reporting rules) etc. The methodology used here combines the constitution of respective countries with the available data of enforcement and practices done by institutions in their respective jurisdictions. The primary lessons we will learn from this research is that we need an independent oversight institution as well as proportionality to have a strong privacy protection but it will be of no value if it is not enforced effectively. The above-mentioned democratic countries use the surveillance techniques via necessity and proportionality test to keep it effective. In contrast, the authoritarian government works for the interests of state authorities, often giving low priority to the rights of the persons. Such type of major differences is visible in judicial remedies, transparency requirements, and regulatory independence. If there is still unchecked surveillance then they might lead to loss of civil liberties and participation of people in governance. The paper also recommends key changes and developments required at various levels to reduce the above risks. It is via this only that theory has been related to the enforcement, here research plays a bigger part of discussions on how the rights can be preserved along with security requirements emerging due to changing times.325 views
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Pages 717 - 730The protection of Traditional Knowledge (TK) of Indigenous Communities in India is a complex and evolving area of socio-legal concern. Traditional Knowledge encompasses the unique cultural, agricultural, medicinal, and ecological practices developed and preserved by indigenous peoples over generations. Despite its immense value, TK faces significant threats from biopiracy, commercialization, and lack of formal recognition in the intellectual property rights (IPR) regime. This paper critically examines the Indian legal framework aimed at protecting Traditional Knowledge, focusing on key statutes such as the Biological Diversity Act, 2002, and the Protection of Plant Varieties and Farmers' Rights Act, 2001, alongside the establishment of the Traditional Knowledge Digital Library (TKDL). Through a socio-legal lens, the study analyzes how these legal instruments address the challenges of misappropriation, access, benefit-sharing, and community participation, while also highlighting gaps in implementation, enforcement, and awareness. The research emphasizes the need for a balanced approach that integrates customary practices with formal legal mechanisms, ensuring sustainable protection of TK while empowering indigenous communities. Ultimately, this study argues that effective protection of Traditional Knowledge requires comprehensive policy reform, community engagement, and stronger international cooperation to safeguard the cultural heritage and economic rights of indigenous peoples.476 views
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One Guntha Land Reform: Maharashtra’s attempt at Legalising, Regularising and Modernising Land Administration
Student at University of Delhi, IndiaPages 731 - 740One of India’s fastest urbanising and industrialised states, Maharashtra, has since time immemorial faced challenges arising from land fragmentation. Seven decades ago, The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, was created to ensure agricultural efficiency. However, it inadvertently created a complex informal land market in urban and peri-urban areas, affecting millions of families. To ease off the challenges arising from this legislation, the Maharashtra government on 1st January, 2025, introduced a landmark land reform, which legalises subdivided plots of up to One Guntha (≈1,089 sq.ft). This reform is set to be coupled with legislations like the One State One Registration and the proposed Vertical Ownership Provisions. This paper provides a comprehensive analysis of this reform, while also examining its multifaceted impacts on housing density, infrastructure demands, and regularisation and growth of informal settlements, particularly in urban Maharashtra. It also elucidates on how the "One State One Registration" and proposed "Vertical Ownership Provisions" (vertical property cards) reforms legally complement or conflict with the One-Guntha land reform. Further, it provides a comparative study, contrasting the MH policy with similar policies of other Indian states and countries internationally. The paper attempts to highlight both merits and demerits of the policy, and conclusively, attempts to propose safeguards to mitigate the potential negative outcome. While this reform is yet to be implemented state wide, this paper brings forth a prospective analysis, which predicts how successful or unsuccessful this reform may prove to be, considering administrative capacity and urban governance dynamics.2,194 views -
From Booth Capturing to Algorithm Manipulation: Emerging Threats to Indian Electoral Sovereignty in the Era of Digital and Remote Voting
LL.M. Student at Lovely Professional University, IndiaPages 741 - 753India, the world’s largest democracy, has made commendable strides in securing the electoral process against traditional threats like booth capturing and ballot stuffing largely through the successful implementation of Electronic Voting Machines (EVMs). However, as India stands on the cusps of a new era defined by digital governance, social media ubiquity, and the proposed introduction of remote voting , a new generation threats is emerging. This paper examines the evolving threats to India’s electoral sovereignty and its integrity, representing a critical transition from traditional , physical vulnerabilities to complex , digitally driven . This research paper argues that while the Election Commission of India (ECI) has effectively fortified the physical ballot, the new challenge for electoral sovereignity is digital threats such as algorithmic manipulation, misinformation compaign on social media , cybersecurity challenges in remote voting infrastructure . This paper analyzes the nature of these emerging threats, examines their potential impact on India,s electoral sovereignty, and proposes a multi-pronged strategy encompassing robust legislative frameworks, technological safeguards and enhanced enhanced institutional capacity to preserve democratic integrity in the 21st century.316 views -
Copyright Originality and Ownership of Sound Recording and Musical Works in the Indian Music Industry: Industrial practices and divergence from Copyright law
Research Scholar at Inter-University Centre for IPR Studies, Cochin University of Science and Technology, Kochi, Kerala, IndiaPages 754 - 761The Indian Music Industry (IMI), as the main representative body for India’s recorded music sector, recently shared research findings highlighting India’s immense music fan base. According to the study, 80% of Indian internet users identify as music enthusiasts or ardent supporters and this is a figure notably higher than the global average of 54%. The data reveals a substantial uptick in digital listening, with streaming contributing to 70% of the industry’s income and this share having increased since the COVID-19 pandemic. India currently ranks second in global on-demand streaming volume, exceeding one trillion streams in total. Despite this digital revolution, Indian copyright law has not sufficiently evolved to meet the demands and rights of all industry stakeholders, including copyright owners, intermediaries and consumers. Notable ambiguity surrounds Section 31D of the Copyright Act, 1957, particularly with respect to internet broadcasters. The 2016 DPIIT guideline attempted to clarify that internet broadcasters are covered by Section 31D, but its authority was questioned until judicial validation arrived late, with the Bombay High Court recognizing the guideline’s standing only in 2023. Attempts at legislative clarification, such as the 2019 draft Copyright Rules, failed to properly address this distinction and the 2021 Rules omitted the matter entirely. This lack of clarity affects how rightholders receive recognition and compensation in the digital music economy. Empirical evidence points to widespread misuse of statutory provisions, namely Sections 17 and 18, in ways that systematically disadvantage original creators. The following study investigates these foundational issues uniting empirical interviews, legal research and stakeholder perspectives, especially as they relate to originality and ownership under copyright regime.235 views -
Medical Negligence and Religious Faith in Ghana: Reconciling Autonomy, Vulnerability, and Constitutional Rights
Lecturer at Department of Commercial Law, Faculty of Law, Kwame Nkrumah University of Science and Technology, GhanaPages 762 - 800The intersection of religion and medicine raises complex legal and ethical questions in Ghana, especially when religious beliefs proscribe medical interventions necessary to preserve life. Such conflicts arise where competent adults refuse life-saving treatment or where parents and guardians decline medical consent on behalf of children or medically incompetent persons on religious grounds. The 1992 Constitution guarantees freedom of religion (Art. 21(1)(c)) alongside the rights to health and dignity, while Articles 28(4) and 30 prohibit denying medical treatment to children and vulnerable persons on religious grounds. This duality places medical practitioners at the crossroads of autonomy, vulnerability, and duty of care. Through doctrinal analysis of the Constitution, the Children’s Act, professional codes, tort and criminal law, this article examines whether a medical practitioner, confronted with religiously motivated refusals of treatment, may nonetheless be civilly or criminally liable where harm or death results. It explores the doctrine of informed consent and autonomy in relation to competent adults, the statutory protections afforded to children and medically incompetent persons, and the boundaries of professional liability of medical practitioners. Drawing on comparative survey, the study reveals strong protection of adult autonomy tempered by proportional limits, and compulsory intervention for the vulnerable. The article concludes with reform proposals to harmonize religious liberty, medical ethics, and constitutional rights, ensuring a coherent framework for Ghana’s healthcare system.463 views -
Pages 801 - 817The protection of maternity rights of women inmates in India presents a complex intersection of criminal justice, gender justice, and human rights. Women prisoners, though a minority within the overall prison population, face unique challenges when they enter into confinement during pregnancy or motherhood. The Indian Constitution guarantees the right to life and personal liberty under Article 21, which has been judicially expanded to include the right to health, dignity, and reproductive care. Specific legislations, such as the Code of Criminal Procedure, 1973, provisions of the Prisons Act, 1894, and various state prison manuals, attempt to safeguard maternity needs of incarcerated women. Additionally, guidelines laid down by the Supreme Court in cases like R.D. Upadhyay v. State of A.P. and Sheela Barse v. State of Maharashtra have stressed the importance of adequate healthcare, nutrition, and child welfare facilities within prisons. However, ground-level realities highlight persistent deficiencies, including overcrowding, lack of medical infrastructure, and insufficient staff sensitization, which undermine the constitutional promise. This study critically examines the legal framework, policy measures, and judicial interventions in India, while also assessing their implementation in practice. The research seeks to identify existing gaps and recommend reforms to strengthen maternity rights protections for women inmates and the children living with them in custodial settings.326 views
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Socio-Religious Analysis on Mob Lynching
Student at Galgotias University, IndiaPages 818 - 828Mob lynching, where groups of people kill or harm someone without a trial, is becoming a serious problem with deep legal, social, and human rights issues. Mob lynching is one of the crimes which must be categorized in heinous crimes. Mob in form of crowd, or many persons standing with a common intention of causing harm to a person by way of hurt, grievous hurt and death. This paper looks at factors like social, economic, and religious tensions, and how political messages and media influence these violent acts. In India, for example, the spread of false information through social media, often triggers mob violence. Religious and ethnic minorities, as well as lower-caste groups, are often targeted, with mobs believing they are protecting their community or values. Mob lynching harms the justice system because it bypasses legal procedures and creates a sense of distrust in the ability of state to protect its citizens. It also causes serious worries about human rights, including right to life. By reviewing recent cases and academic studies, the paper argues that mob lynching is not only an attack on individuals, but also a threat to the stability of democratic societies, where justice should be carried out by the law, not by mob violence. Today in India, mob lynching is increasing day by day and the number of incidents can be traced where the victim who suffers from mob lynching is brutally thrashed. Under this research paper we will look in to the cause of mob lynching and we will try to find what measures can be taken to curb the menace of mob lynching. The research explores the reasons behind the rise of mob lynching, the difficulties in punishing those responsible, and the weaknesses in the law that allow such acts to continue.393 views -
Pages 829 - 836The Savarkar Extradition Case of 1910 represents a critical juncture in the evolution of extradition law, international arbitration, and colonial jurisprudence. It concerned the arrest and transport of Vinayak Damodar Savarkar, an Indian nationalist, who escaped at the French port of Marseilles but was recaptured and returned to British custody. France contested this act as an irregular extradition and a breach of sovereignty, referring the dispute to the Permanent Court of Arbitration at The Hague. The tribunal recognized procedural irregularities but declined to mandate Savarkar’s restitution, emphasizing good faith and the absence of clear legal norms governing such cases. Meanwhile, the Bombay High Court held that irregularities in arrest abroad did not affect domestic jurisdiction. This case thus clarified critical principles of extradition law—particularly the scope of irregular surrender, the principle of male captus bene detentus, and the balance between sovereignty and state interests in fugitive transfers. The study revisits Savarkar’s case as a turning point in the development of extradition jurisprudence, situating it within broader debates on sovereignty, irregular rendition, and the colonial deployment of law.836 views
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Pages 837 - 851Female Genital Mutilation (FGM) persists as a significant human rights issue globally, and its prevalence in India underscores entrenched cultural traditions that contradict the tenets of dignity, equality, and bodily autonomy. Currently, women and girls are less prone to have FGM compared to previous decades; yet, the practice remains nearly universal in certain nations. Female genital mutilation endures mostly due to the perpetuation of traditional beliefs and customs throughout countries. UNICEF reports that a minimum of 200 million women and girls have experienced this practice in 30 countries, predominantly in Asia and Africa. The researcher aims to underscore the severity of this issue in India and the extent to which victims remain mostly unacknowledged. Although FGM is acknowledged as a detrimental traditional practice inflicting physical, psychological, and societal damage on women and girls, deficiencies in legislation and enforcement have obstructed its effective elimination. The article rigorously assesses legal statutes pertaining to FGM, emphasizing the pressing necessity for enhanced protective measures. The report recommends extensive policy interventions, awareness programs, and community-based measures to promote the cessation of the practice. This research emphasizes the necessity of collaborative action to safeguard women and girls from the detrimental practice of FGM by addressing human rights issues and reinforcing legal and social frameworks, so ensuring their rights to health, dignity, and equality.240 views
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Global Health Justice: How the ‘Developed’ World Flatlined while India Stepped Up
Advocate at Bombay High Court, IndiaPages 852 - 865Health has long been considered a cornerstone of human dignity, yet it remains curiously marginalized in discourses of global justice. This paper interrogates the failures of the Global North in realizing equitable healthcare governance, particularly during the COVID-19 pandemic, and contrasts this with India’s evolving role as a leader in global health justice. Despite possessing advanced infrastructures, many developed nations faltered in ensuring accessible healthcare, exposing systemic flaws rooted in inequitable financing, protectionist policies and political apathy. Conversely, India demonstrated resilience through vaccine diplomacy, low-cost pharmaceutical innovations and a robust integration of public and private healthcare mechanisms. Drawing upon Rawlsian notions of justice and the World Health Organization’s framework of Universal Health Coverage, the study situates health as a non-negotiable element of global justice, requiring redistribution, regulation and collective responsibility across borders. India’s initiatives, ranging from the Ayushman Bharat scheme and Atmanirbhar Bharat policies to its leadership in vaccine distribution and advocacy for TRIPS waivers highlight its transformation from a recipient of aid to a provider of global solutions. The paper argues that India’s approach, rooted in the ancient ethos of Vasudhaiva Kutumbakam (“One Earth, One Family, One Future”), offers an alternative model of solidarity and inclusivity in global health governance. Ultimately, the study underscores that genuine global health justice cannot be achieved through technology or resources alone, but through ethical commitments to fairness, cooperation and structural reform in international institutions. By bridging theory with practice, the paper advances the discourse on how emerging powers like India are reshaping the moral and political foundations of global health governance.296 views -
Pages 866 - 875The rapid expansion of digital technologies has fundamentally transformed how personal data is generated, collected, and processed, making the right to privacy a cornerstone of contemporary human rights discourse. In the digital world, individuals constantly leave behind digital footprints through social media, e-commerce, online banking, and IoT devices. This has raised complex challenges regarding data protection, consent, surveillance, and algorithmic profiling. The right to privacy, recognized as a fundamental right by various constitutions and international conventions, now requires robust legal, ethical, and technological frameworks to safeguard personal autonomy and prevent misuse of sensitive data. This paper explores the evolution of privacy as a legal right, its intersection with data protection laws such as the EU GDPR and India’s Digital Personal Data Protection Act, 2023, and the emerging threats posed by cybercrime, state surveillance, and AI-driven decision-making. It further examines global best practices, highlighting the need for a balanced approach that protects individual privacy while allowing for legitimate state and business interests in data processing. Ultimately, this study underscores the urgency of implementing comprehensive data governance models to ensure digital trust, security, and protection of human dignity in an increasingly interconnected world.177 views
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When Representation Hurts: The Limits of Trans Visibility in Super Deluxe
Student at Jindal Global Law School, OP Jindal Global University, IndiaPages 876 - 879This essay looks at how transgender identity is portrayed in Super Deluxe (2019), with a particular emphasis on Vijay Sethupathi's portrayal of Shilpa. Her portrayal in a mainstream Tamil movie first felt groundbreaking since she was depicted as complex and genuine rather than as a caricature. However, as the story progresses, unsettling silences surface. Although there are tender moments, like Rasukutty's naive love for Shilpa, they are swamped by uncontextualized portrayals of begging, crime, and sexual abuse. The film runs the risk of perpetuating preconceptions rather than challenging them by ignoring the systematic discrimination that pushes many transgender people to the periphery of society. Sethupathi's acting was praised, but Shilpa's story lacks transgender voices, which calls into question its validity. This paper argues that true representation requires more than visibility; it demands narratives created with and by the community itself.311 views -
Yoga: Its Spiritual History and Significance Encompassing Physical and Mental Well-being and Beyond
Research Scholar at Faculty of Physical Education, Tantia University, Rajasthan, IndiaPages 880 - 889Yoga, originating from ancient India, comprises the asanas and yoga postures and is a profound practice that transcends mere physical exercise, delving into the realms of spiritual exploration, mental well-being, and holistic health. This research paper aims to delve into the spiritual history of yoga and its multifaceted significance, encompassing physical, mental, and spiritual dimensions. Through an exploration of yoga's historical roots, philosophical foundations, and contemporary applications, this paper seeks to elucidate the profound impact of yoga on individuals' physical health, mental well-being, and spiritual growth. By examining empirical research, case studies, and scholarly literature, this paper highlights the transformative potential of yoga in promoting holistic health and fostering a deeper connection with oneself and the world. Ultimately, it underscores yoga as a comprehensive system that empowers individuals to cultivate harmony within themselves and their environment, offering pathways to inner peace, self-discovery, and spiritual realisation.154 views -
The Verdict before the Verdict: Highlighting the Media’s Impact on Public Opinions
Student at DM Harish School of Law, HSNC University, Mumbai, IndiaPages 890 - 893This article stems from a debate topic assigned by an English professor, which led to the exploration of media trials. A media trial refers to the process by which media influences public opinion before a verdict is delivered. Media has shaped public opinion before verdicts are delivered. It affects the legal system. Arguments in favor and against media trials, the need for regulation, and a perspective on the issue are explained briefly in this article.186 views -
Indian Direct Tax Framework on Corporate Tax
LL.M. Student at SRM Institute of Science and Technology, Kattankulathur, IndiaPages 894 - 908This research paper presents a comprehensive legal and jurisprudential analysis of India's corporate direct tax framework, tracing its evolution from ancient philosophical principles to its contemporary structure. The study explores the system's ongoing transition from a high-tax, complex regime to one with more globally competitive rates, examining the persistent tension between state revenue needs and economic growth objectives. The paper critically analyses the deep-seated challenges confronting the Indian corporate tax system, including a colonial-era legacy of legislative complexity, high litigation rates, and a "confidence deficit" rooted in administrative unpredictability. Through a meticulous examination of the Income Tax Act, 1961, and landmark judicial pronouncements, this study evaluates the practical application and interpretation of the law. Key areas of focus include the computation of corporate income, the multi-tiered tax rate structure, the role of Minimum Alternate Tax (MAT) as a symptom of a flawed tax base, the evolving landscape of dividend taxation, and India's strategic measures to tax the digital economy. The findings reveal that despite positive reforms like rate reductions, the system remains burdened by legislative instability and an adversarial taxpayer-administration relationship6. The paper concludes that the core challenge is not just optimizing rates but building a tax system that is fundamentally stable, transparent, and predictable. Accordingly, it proposes viable reforms aimed at enhancing tax certainty, including enacting a legislative "stability clause," implementing the simplified Direct Taxes Code (DTC), establishing specialized tax arbitration tribunals to expedite dispute resolution, and aligning digital taxation policies with the emerging global consensus to ensure long-term sustainability.165 views -
Predictive Policing and Minority Rights: A Critical Examination
Assistant Professor at Crescent School of Law, Chennai, IndiaPages 909 - 929This article examines the rise of predictive policing technologies, which claim to use artificial intelligence and big data to forecast crime patterns and identify potential offenders. While such tools promise efficiency in law enforcement, they also raise grave constitutional and human rights concerns, particularly for minorities and marginalized communities who are disproportionately targeted. The paper critically analyses predictive policing through the lens of equality jurisprudence (Article 14), right to privacy (Article 21), and anti-discrimination norms, while engaging with comparative experiences from the United States, European Union, and South Africa. It concludes by recommending a rights-based regulatory framework to balance technological innovation with the constitutional commitment to justice and equality.305 views -
Pages 930 - 944This research paper examines India’s anti-money laundering framework, with a focus on the Prevention of Money Laundering Act and its implementation by key agencies, including the Enforcement Directorate and the Financial Intelligence Unit of India. The study assesses the effectiveness of these laws in preventing and prosecuting money laundering, while identifying key challenges such as regulatory gaps, delays in enforcement, misuse of provisions, and emerging threats through digital platforms. Case studies of major financial frauds are analysed to understand systemic weaknesses. The paper concludes that while India’s legal framework under the PMLA is robust, challenges in enforcement, inter-agency coordination, and adaptation to emerging financial technologies limit its effectiveness in combating money laundering.632 views
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Intersectionality and Social Justice: Overcoming Barriers for the Tribal Community and Women
Assistant Professor of Law at Maharashtra National Law University, Nagpur, IndiaPages 945 - 953Tribal societies in a contemporary context are very complex and transitional. The tribal vulnerability and marginalisation in the Indian society itself differ from various socio-legal, economic and cultural issues that prevail in the community. These issues have multifaceted dimensions that assess and contextualise societal problems faced by the communities while resolving them. The intersectionality in the context of a tribal perspective encompasses a socio-political and economic canvas that is interconnected with various mixed perspectives, including gender, class, and sub-tribes, which intersect with social realities. Tribes in India face issues of displacement, migration, unemployment, poverty, and food insecurity, which largely affect the tribal societal structure and traditional management system that prevailed in society for generations. Atrocity, discrimination, exploitation, exclusion and suppression of the rights of tribals are some other forms that are going on in society against the Scheduled Tribes. Among all these issues, tribal women are always victims of atrocities by the upper caste and discriminated against by their customary traits. Succession and other hereditary rights are not available to tribal women despite constitutional equality due to customary practices followed by the tribal communities. This paper aims to evaluate the constitutional and legislative protection of tribal rights and their implementation by shedding light on the ground realities through various reports published by the Government of India, the Law Commission, and the Tribal Ministry, among others. This paper will critically analyse inquiries about policies and governance established by constitutional institutions, adopting doctrinal research methods. Through judicial interpretation, the Indian judiciary plays a vital role in shaping the discourse on tribal rights, but it also underscores the essential human rights protected and preserved in the Constitution of India.380 views -
Algorithmic Audits and Automated Eyes: The Rise of AI Surveillance by Tax Authorities and the Shrinking Sphere of Data Protection
Research Scholar at Maharashtra National Law University, IndiaPages 954 - 976As India’s tax authorities embrace artificial intelligence (AI) for compliance enforcement, audit detection, and taxpayer behavior analysis, the boundaries between efficient governance and personal privacy have blurred. Leveraging AI-powered analytics and faceless assessments, agencies like the Central Board of Direct Taxes (CBDT) now deploy predictive models to track transactions, identify outliers, and automate interventions, transforming traditional tax administration. Yet, this surge in algorithmic oversight presents profound challenges to data protection. Automated systems increasingly depend on bulk personal data, often processed without explicit or informed consent, raising critical questions about the adequacy of India’s current legal safeguards. The Digital Personal Data Protection Act, 2023 (DPDPA), while pioneering in many respects, offers broad exemptions to statutory authorities engaged in investigations effectively allowing access to individuals’ digital footprints with limited oversight or prior notice. In practice, this means AI tools may comb through vast datasets, flagging non-compliance or tax evasion without robust transparency or accountability mechanisms. Such powers risk undermining the fundamental privacy rights enshrined under Article 21 of the Indian Constitution unless tempered by judicial oversight, data minimization, and rigorous audit trails. This paper critically evaluates the intersection of AI adoption in tax enforcement and the evolving regulatory landscape for data protection in India. It assesses global best practices, highlights legal and ethical blind spots, and offers policy recommendations to ensure effective, responsible, and rights-respecting deployment of AI. Ultimately, the integration of algorithmic governance must be balanced by transparent safeguards so technological innovation does not come at the expense of citizen rights and trust in public institutions.487 views -
The Universal Declaration of Human Rights (UDHR) adopted in 1948 and United Nations Charter of 1945 together mark most profound milestones in global human rights movement. They emerged in aftermath of Second World War when humanity recognised need for institutional guarantees against tyranny and oppression. The UN Charter provided foundational legal commitment to promote respect for human rights, while UDHR operationalised this commitment into thirty articles of civil, political, economic, social, and cultural rights. Though non-binding, UDHR has evolved into source of customary international law, influencing global constitutions, judicial reasoning, and legislative practices. In India, framers of Constitution were deeply inspired by UDHR. The Fundamental Rights incorporated in Part III bear striking resemblance to provisions of Declaration. Right to equality, life, liberty, freedom of speech, association, and education reflect deliberate effort to align national governance with international standards. Yet, debate remains as to whether these rights were borrowed directly or whether they were primarily rooted in India’s own constitutional tradition of social justice and freedom. This research explores relevance of UDHR and UN Charter in shaping Fundamental Rights, critically evaluating their impact and limitations. It further addresses paradox of Declaration’s non-binding nature and its binding influence on constitutional jurisprudence. By situating India’s constitutional rights within globalising world, research demonstrates how international human rights instruments shaped, and continue to shape, India’s democratic framework.754 views
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Indian Victim Compensation Laws: A Fallacy or a Truth?
Research Scholar at Department of Law, Maharshi Dayanand University, Rohtak, IndiaPages 993 - 1005Crime not only violates a criminal law but also results in financial loss, psychological distress, and bodily, mental, or spiritual injury to sufferers and their relatives. The focus in all cases has been on the accused and his rehabilitation; nevertheless, neither the victims of crime nor their status as victims of unlawful activity are given any consideration. The judicial system's primary goals are to uphold people' rights and hold offenders accountable for their crimes. Today, it is more crucial than ever for the state or an individual to compensate crime victims. However, it has been noted that when government agencies use their administrative authority, they infringe the basic rights guaranteed to individuals by the constitution. Since India hasn't enacted a distinct legislation on crime victims, justice for victims has been provided by constructive action and judicial rulings. The highest court of law (SC) in India is empowered by Article 32 of the India’s supreme law(consti.) to issue judicial orders and other orders as necessary to uphold the basic rights outlined in Part III of the Constitution. This paper seeks to understand the following topics: The evolution of compensating law; the need for and objectives of victim compensation; the court's involvement in victim compensation; the examination and assessment of current victim compensation laws; and the prospects for Indian law on indemnification.146 views -
Pages 1006 - 1021This paper examines the contentious arena of surrogacy in a globalized world, where law, biotechnology, and human rights traverse into a juncture to reshape the idea of parenthood. Across jurisdictions, the regulation of surrogacy reveals a recurring disjuncture between social reality and legal frameworks, producing what can best be described as a state of legal limbo. For instance, in Australia, the courts’ reliance on the “best interests of the child” has destabilized prohibitions on commercial surrogacy, illustrating how human rights reasoning unsettles national boundaries. Likewise, in New Zealand, reliance on outdated adoption law has blown the whistle on the ongoing misalignment between genetic truth, immigration policy, and family law, leaving children and parents in murky waters. Elsewhere, Europe’s approach has entrenched “genetic essentialism,” with the European Court of Human Rights privileging fathers’ biological ties while requiring mothers to adopt, thereby reinforcing gender discrimination. Israel narrates a different scenario where gay men crossing territorial and symbolic borders for surrogacy revealed both the exclusionary and transformative functions of law, culminating in the extension of surrogacy rights even to male couples. India’s Surrogacy (Regulation) Bill, 2020 on a similar stance reflects progress entwined with exclusion, denying homosexual couples access despite constitutional promise to equality. Sweden, meanwhile, has sustained polarized debates, producing a “split policy” that satisfies neither side while leaving families unprotected. These cases collectively illustrate the surging commodification of reproductive labour , the prioritization of genetics, and the disintegration of sovereignty. The paper upholds for a cohesive international framework that sets forth child welfare, surrogate autonomy, and the inclusive acknowledgment of various family structures within an equilibrium.350 views
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Pages 1022 - 1036Forensic technology has appeared as a revolutionary element of the Indian criminal justice system, which has fundamentally changed the aspect of gathering of evidence, their analysis and presentation in courtrooms. The present paper is a thorough account of how forensic science has developed and become integrated in India, beginning with the practices before the ancient times, through the technology of DNA profiling, digital forensics, and artificial intelligence. Although the legislative changes, such as the new Bharatiya Nagarik Suraksha Sanhita (BNSS) require the application of the forensic investigation in the severe crimes, their application is plagued by overwhelming odds. They are poor laboratory facilities, insufficient numbers of trained staff and a constant shortage of standard procedures which normally results to contamination of evidence and corruption of investigations. In the analysis of high profile cases such as the Aarushi Talwar and Nirbhaya killings, this paper clarifies the dichotomy between the prospects of the forensic science to administer justice and pitfalls of its misuse. In conclusion, it explains that India needs to optimize the potential of forensic technology, and this can only be achieved through a concerted and multi-pronged effort consisting of infrastructural investment, arduous training and strong ethical systems.427 views
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Pages 1037 - 1046The social contract theories of natural law have had a great impact on human thought, viz socially, politically, and religiously. The world has embraced the doctrine in different dimensions and in all its ramifications. Hence, its adoption is significant because it recognizes a universal principle in the administration of human affairs worldwide. Natural law has posed a powerful agent of revolution in likes of American, French, and even Britain. The aim of this article, therefore, is to carry-out an overview of the social contract concept and its approach to natural law in Nigeria. In doing this, the authors adopted the doctrinal research method and made use of text books, article, and case laws. The authors are of the stand that the social contract theory approach to natural law has positively influenced the Nigerian legal system.253 views
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Protection of Refugee Rights under International Law: The case of the Rohingya and Bangladesh’s Responsibilities
Lecturer at Department of Law, University of Information Technology and Sciences (UITS), BangladeshPages 1047 - 1059The issue of refugees, forced migration and internal displacement in the country is the most complex issue confronting the international community today. The problems facing refugees are getting worse due to either natural or man-made disasters. Bangladesh remains one of the world’s top ten refugee-host countries and is currently dealing with a deeply protracted refugee situation. By permitting such residence, Bangladesh is accountable for safeguarding their fundamental human rights, including the right to life, despite not being a signatory to the 1951 Refugee Convention. This article seeks to analyze the status and protection of refugees under the Constitution of Bangladesh and relevant laws, while exploring methods to safeguard their human rights and dignity. This research will also shed light on the challenges that the Rohingyas are facing by examining the national and international legal instruments as well as important cases. The New York Declaration for Refugees and Migrants is a big step towards global unity and protecting refugees at a time when people are being forced to move around more than ever before. So, this paper will also try to address that aftermath of the New York Declaration in case of Bangladesh.303 views -
This paper discusses how pharmacy and law in India are connected and how they have changed with time. In the beginning, pharmacy was seen only as giving medicines to patients, but over the years, it has shifted more towards patient care, safe use of drugs, and public health. Important laws like the Drugs and Cosmetics Act, 1940, and the Pharmacy Act, 1948, provided the base for pharmacy to grow as a profession. Later, reforms and judicial decisions added more strength to the system and ensured public health was given top priority. The study uses a simple qualitative method. It does not collect new data but looks at secondary sources such as books, articles, guidelines, and important cases. A key focus is on the Supreme Court case of Drug Controller, India v. Madras Medical College Teachers’ Association (1993), which explained the scope of regulation under the Drugs and Cosmetics Act. The research discusses four main themes, which are drug safety, patient and pharmacist relationship, dispensing practices, and accountability of professionals. These themes show that pharmacy is not only about science but is also deeply shaped by law. Other important judgments like Hamdard Dawakhana (1960), Novartis v. Union of India (2013), and Cipla (2017) prove that the courts often gave preference to public health over business interests. More recently, the Drugs, Medical Devices and Cosmetics Bill, 2022, shows India’s effort to modernize its regulatory system in line with new challenges like medical devices, online pharmacy, and digital health. Overall, the study shows that pharmacy cannot work in isolation, and the law is what ensures safety, order, and accountability in the system.419 views
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Navigating the Extend of Fair Use in the Present Education System
Student at Amity University, Kolkata, IndiaPages 1071 - 1081The term ‘copyright’ means that the exclusive right of copying, or reproduction of a work is vested solely with the author or owner of such work. With the onset of the Copyright Act of 1957, India has adopted international standards of copyright law including the Berne Convention and the TRIPS Agreement. However, such a right although exclusive could not be absolute, due to the reason being not all uses are done with an ill motive and harm the creator. This dilemma led to the development of the Fair Use doctrine which works to balance the interests of both the owner of copyright and the public at large. Provisions such as Section 52 of the Copyright Act of 1957, which incorporates the concept of ‘fair dealing’ follow the notions of Article 14 of the Constitution of India and operate to create a framework that is neither derogatory to public interest nor does it exhaust the intention of Copyright. However, despite such provisions in place there still exist challenges assigning certain uses as fair, especially in the educational industry. Therefore, this paper aims to bring clarity to the mechanism of Fair Use in India especially in Educational Institutions. This paper throws light on the evolution of copyright law in India, which aims to protect creators' rights while fostering access to knowledge and cultural content. It ensures a balanced approach to intellectual property, particularly in the digital age where the accessibility of information blurs the lines between personal and public use.221 views -
Safeguarding Victims’ Right: An Analysis of Legislative and Judicial Approaches in India
Student at S.S. Khanna Girls' Degree College, IndiaPages 1082 - 1097Victims of crime hold a crucial position in the criminal justice system, often initiating the legal process by reporting offences and acting as witnesses during prosecution. Despite their significant role, the legal system in India has historically centered around the rights of the accused, with victims frequently relegated to the background. Once the State assumes control over prosecution, victims are left with limited involvement and inadequate avenues for redress. This paper critically examines the attitudes of the Indian legislature and judiciary towards the rights and treatment of crime victims, with a particular focus on identifying any evolution or reform in recent years. The research is both descriptive and analytical, and seeks to answer critical questions, including: How effectively has the Indian criminal justice system protected victims' rights? Are special legislations such as the SC/ST (Prevention of Atrocities) Act, the Protection of Women from Domestic Violence Act, and the Juvenile Justice Act truly safeguarding victims? What role has the judiciary played in developing the concept of victim compensation and protection? What are the practical challenges in implementing Victim Compensation Schemes, and should India introduce a statutory Victim Welfare Fund to provide timely support to victims? Finally, the paper explores how victims can be given a more active role in the investigative and trial processes without infringing upon the rights of the accused. The analysis reveals that India lacks a comprehensive and uniform framework to define and uphold victims’ rights within its criminal justice system. Law enforcement agencies and judicial processes often operate without clear protocols for engaging with and supporting victims, resulting in inconsistent practices and secondary victimization—where victims suffer further trauma during the justice process itself. Modern legal procedures have distanced victims from the central role they once held, reducing them to passive observers rather than active participants. This study argues that victims are not merely tools in the pursuit of justice but are rights-bearing individuals whose fundamental human rights are violated when a crime is committed. Therefore, upholding victims’ rights must be seen as an essential component of delivering substantive justice. Recognizing and institutionalizing the rights of victims through legislation, judicial interpretation, and administrative reforms is necessary for creating a more inclusive, responsive, and humane criminal justice system in India.399 views -
A review of the Decision on Sushil Ansal and Ors. v. State through CBI and Ors.
Associate Professor and Principal at Faculty of Law, ICFAI University Tripura, IndiaPages 1098 - 1102The incident of Ansal Plaza actually a reported incident of massive corporate crime which took away the life of 59 innocent people. The incident shows how the greed of the owner of a cinema hall takes the risk of life of the people who came to watch movie for making more profit. This case also reflects the gap in the judicial system which causes inordinate delay in completion of the litigation. The corporate offenders used to take the advantage of the gap of the Indian law in the area of corporate crime. The case took 16 years to bring the offenders to justice which make the punishment meaningless or ineffective for the victim as well as the offenders. The decision is a landmark on the basis that Justice Gyan Sudha Misra impose a exemplifying fine on the offenders and the proceeds made available for making a trauma centre at Delhi.293 views -
Right to Life in special reference of Right to Health as a Fundamental Right: A Critical Evaluation
Assistant Professor at Government Law College, Gopeshwar (Chamoli), Uttarakhand, IndiaPages 1103 - 1113Part III of the Indian Constitution secure important fundamental rights. These rights have been declared essential rights in order that human liberty may be preserved, human personality developed and an effective social and democratic life is promoted. The right to life is not limited to mere physical existence but it includes the right to live with human dignity. It includes the medical care and right to lead a healthy life so as to enjoy all facilities of the human body. The Constitution envisaged the establishment of a welfare state of the federal level as well as the state level. In a welfare state, the primary duty of the government is to secure the welfare of the people, providing adequate medical facilities for the people, is an essential part of the obligations undertaken by the government. The Right to health is the economic, social and cultural right to a universal minimum standard of health, to which all individual are entitled. In a democracy, people expect the government for their welfare. This could be through the provision of education, health, employment, housing or of the development of road, transportation, electricity etc. Through judicial interpretation the article 21 of the constitution has become very expended. Consequently right to health and right to get medical assistance have been recognized as a fundamental human right under ‘right to life and personal liberty’.328 views -
A Study on the Indigenous Knowledge Systems and Sustainable Health Practices with Legal Perspective
Lawyer at Assam, IndiaPages 1114 - 1119Global realization regarding the complicated links between human well-being and the natural environment is finally everchanging. Indigenous Health practices promote environmental sustainability. Indigenous Knowledge has become an important part in healing system and they managed a sustainable ecosystem management and enabling access and quality health care. This Article explains about the International Conventions, Human rights and National Statutes framework regarding Indigenous knowledges and their Sustainable health practices. It also examines IPR provisions relating to Indigenous knowledge and heath practice with selected Case studies. Finally, this paper address suggestion relating to the protection of Traditional knowledges.337 views -
Depository System in Indian Capital Market: A Critical Analysis
Advocate at Patna High Court, IndiaPages 1120 - 1155The Indian depository system has transformed the capital market by enhancing transparency, security, and efficiency, particularly through the transition from physical shareholding to dematerialization. While this shift has streamlined transactions and reduced fraud, recent regulatory mandates requiring private companies to dematerialize shares have raised new challenges. On one hand, mandatory dematerialization promises efficiency and improved governance but on the other hand, it places significant compliance, cost, and operational burdens on private enterprises. Issues such as overriding Articles of Association (AOA), lack of exemptions for wholly owned subsidiaries, logistical hurdles, and investor reluctance to dematerialize physical shares complicate the transition. Moreover, the effectiveness of share transfer restrictions under private company law is diluted when depositories process transfers without company approval, creating governance risks. Despite SEBI’s emphasis on timely compliance and its penal framework for non-adherence, the existing infrastructure and shareholder preparedness may not be sufficient to achieve smooth implementation within the mandated timelines. This paper examines these complexities, highlighting the gap between regulatory objectives and practical challenges. By analyzing case laws, compliance frameworks, and stakeholder perspectives, it emphasizes the need for balanced reforms that safeguard investor interests while ensuring the efficiency and resilience of India’s evolving depository system.288 views -
Environmental Restrictions on Customs Clearance Process with special reference to India
Advocate at Patna High Court, IndiaPages 1156 - 1182The customs authorities play an important role in regulating the international trade and increasingly they are being positioned as instruments of environmental protection across the globe. The various Multilateral Environmental agreements, supported by conventions and protocols provide guidelines for the signatory nations to integrate environmental safeguards into their trade regimes. India being a party to several MEAs, has demonstrated its commitment by including these obligations within its domestic legal framework. Despite these legal and policy measures, enforcement remains fragmented and inconsistent. The persistence of wildlife trafficking, the rise in e-waste imports, and weak monitoring mechanisms at customs checkpoints highlight the gap between law and practice. Limited technological capacity and inadequate inter-agency coordination further reduce the effectiveness of existing safeguards. These gaps not only affect India’s compliance with its international commitments but also expose the country to ecological degradation and biosecurity risks. Strengthening institutional frameworks, investing in digital tracking systems, and aligning domestic trade regulations more closely with environmental priorities are necessary steps forward. The study thus demonstrates that without proper implementation, customs-based environmental restrictions cannot achieve their intended impact, making enforcement reform an urgent necessity.161 views -
Abortion Access in Developed and Developing Countries: A Comparative Public Law Analysis of Social and Health Impacts
LL.M. Student at Lovely Professional University, IndiaPages 1183 - 1197Focusing on the underlying implications for women's health, autonomy, and equality, this research places the accessibility of abortion in the context of comparative public law. It accentuates the continuing inequalities of reproductive rights between developed and developing countries stemming from varying legal frameworks, judicial decisions, and government policies. In advanced countries with well-equipped medical centers and liberal abortion laws, maternal fatalities and illnesses related to unsafe practices are greatly minimized. Conversely, most rising economies still retain abortion laws, frequently inherited from colonial origins, that raise risks for maternal health, exacerbate social stigmatization, and disproportionately weigh upon marginalized groups. The research also identifies the significance of constitutional defenses and milestone court decisions in determining access to abortion and the requirement for continuous medical service funding in ensuring equal reproductive rights. The critique identifies different ways of regulation and policy-making with examples drawn from the US, Canada, France, Germany, Colombia, Mexico, India, Ethiopia, and China. On the whole, these examples show a strong correlation between liberalized access to abortion and improved outcomes in maternal well-being, gender equality, and social justice. The evaluation implies various policy interventions, such as transitioning towards models to enable abortion on demand, reinforcing medical networks with strategies such as role redistribution and telemedicine, constitutionally enshrining reproductive rights to protect against regressive reforms and addressing root factors such as learning and economic deprivation that impede equitable availability. Decision-makers and scholars of law can gain from this research as it gives authoritative perspectives on how abortion laws impact gender equality and health outcomes. In a nutshell, through this comparative review, it is clear that abortion access is more than just policy reform; it needs an integrated approach by linking health care systems, social justice, and entitlement-based constitutionally entrenched guarantees to attain reproductive equity worldwide.284 views -
Pages 1198 - 1211In the existing crisis, women are becoming challenge able and taking lots of risk to stand in and show up their potential and their growth towards the economic development. Many women are finding their place to show up their talent and hold a remarkable position in the busy country. They are not only good in managing the household works but also best in balancing economically. This study made to show up the women entrepreneur’s contribution towards the economic development and sector wise to the countries development. The future performance of Yatra. Startup plans of India for women entrepreneurs.147 views
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Corporate Social Responsibility and the Companies Act of India: A Socio-Legal Perspective
Assistant Professor at AMU Centre Murshidabad, IndiaPages 1212 - 1219The Companies Act, 2013, introduced a pioneering mandate under Section 135, institutionalizing Corporate Social Responsibility (CSR) as a statutory obligation for qualifying companies in India. This paper examines the socio-legal implications of this mandate, analyzing its impact on corporate citizenship and its potential to reconcile profit motives with social justice. Through detailed case studies of major corporations (Tata Group, Reliance Industries, Infosys, Adani Group, Apollo Tyres) and a small-scale enterprise, it evaluates compliance challenges, judicial ambiguities, and ethical tensions. The study highlights the Acts success in mobilizing approximately 30,000 crore annually for CSR in FY 2023-24, while identifying enforcement gaps, particularly for SMEs, and ambiguities in Schedule VII. Recommendations include judicial clarification, SME-specific reforms, stakeholder engagement, and digital transparency to transform CSR into a robust socio-legal partnership framework.251 views -
Exam Stress among Senior Secondary School students in their Stream A Study
Assistant Professor at Bushahr B.Ed. Institute Nogli (kalna), Shimla, HP., IndiaPages 1220 - 1228A demanding curriculum, anxiety about exams, and fierce competition are just a few of the factors that put a lot of strain on students in our educational system. Their difficulties are often exacerbated by peer and family pressure. Stress from exams is one of the main issues that students today deal with. Exam stress among male and female senior secondary school students studying in arts and sciences was the focus of the present study. Using a structured random selection approach, the researcher selected 120 students from different senior secondary schools. The ExamStress Scale was used to measure the level of exam stress. In comparison to students in the Humanities streams, the researcher discovered that students in the Science stream were more stressed about exams. Additionally, the study found a substantial difference in exam stress levels between male and female students. The results suggest that stream-specific interventions and support networks might help lower test stress among senior secondary school pupils.229 views -
Waqf (Amendment) Act, 2025: An Analysis
Student at KIIT School of Law, Odisha, India.Pages 1229 - 1232The Waqf (Amendment) Act, 2025, renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development (UWMEED) Act, aims to reform Waqf property administration in India. This article analyzes the revised compositions of the Central Waqf Council, State Waqf Boards, and Waqf Tribunals, and their role in Muslim community development. The Central Waqf Council now includes two Muslim women and two non-Muslim members, ensuring diverse representation. State Waqf Boards incorporate two non-Muslim members, two Muslim women, and representatives from various Muslim sects, with state-nominated members replacing elected ones. Waqf Tribunals, now three-member bodies, comprise a District Court judge, a Joint Secretary-level officer, and a Muslim law expert, with appeals to High Courts within 90 days. The Act promotes transparency through centralized digital registration, curbs encroachments, and protects women’s inheritance rights, fostering socio-economic empowerment. However, non-Muslim inclusion and increased government oversight raise concerns about religious autonomy, making the Act a significant yet debated reform for Waqf management and Muslim development.589 views -
Strengthening Policies to Combat Sexual Violence in Educational Institutes: A Comparative global and Indian Perspective
Student at Christ University, Pune, Lavasa, Maharashtra, IndiaPages 1233 - 1259Sexual violence in its inherent view is an act to undermine the human life. It is a clear violation of human rights, and when constantly occurring in a country points back at the lack of safety in the nation and a major public health concern. In the recent contemporary world sexual violence is a issue yet to act on, and the same issue occurring in the educational setting is not only constantly undermined but much less addressed. This paper aims to critically analyse and compare the public policy in place to address the issue of sexual violence, much more in the context of educational settings. This paper focuses on the situation of various global contexts like the EU, US and the Sub-Saharan African countries, while also addressing the Indian context. Employing a comprehensive literature review and comprehensive policy analysis, the research synthesises a prevalent data of the issue, examines the legislative and institutional responses to the same while also identifying the key implementation barriers such as underreporting, cultural stigma, and the disparity of resources. The research also establishes a co-relation between the idea of a developed state to the issue of prevalence of sexual violence and its reporting. Addressing sexual violence in education is imperative in order to ensure safe, equitable, and an inclusive learning environment and to advance progress towards gender equality and the quality of education goals.166 views -
The Prohibition of Child Marriage (Amendment) Bill, 2021: Raising the Bar or Raising the Barriers?
Student at National Law University, Jodhpur, IndiaPages 1260 - 1269This article discusses the Prohibition of Child Marriage (Amendment) Bill, 2021, a proposed law in India that seeks to increase the minimum marriage age for women from eighteen to twenty-one, making it the same as for men. At the heart of this change is the hope that girls will have more years to finish their education, gain job skills, and develop the confidence and independence to shape their own futures. By setting the marriage age at twenty-one, the law also aims to protect young women’s health, prevent early pregnancies, and promote greater equality between men and women. However, the article argues that a law change alone will not solve the deep-rooted problem of child marriage. Many girls in India, especially in rural and poor communities, are still married early because of traditions, poverty, and social pressure. Even when the legal age is raised, enforcement remains weak, and many girls are left vulnerable and without support or protection if the law is not properly implemented. The piece highlights several problems with the bill: it clashes with other laws that consider adulthood at eighteen; it may make some young women even more vulnerable by depriving them of legal rights if they do get married early; and it does not clearly solve contradictions between different religious, personal, and criminal laws. The article stresses that for real change, India must combine legal reforms with community education, economic support programs, and better enforcement. Initiatives that involve local leaders, schools, and families are essential to change mindsets and help girls reach their full potential. This bill is a step in the right direction for gender equality, but its success depends on strong action and cooperation across society, not just on new laws.383 views -
Evolving Space Law in the Age of Artemis Accords
Student at Dr. B. R. Ambedkar National Law University, Sonepat, Haryana, IndiaPages 1270 - 1287As humanity enters the Space Era, the fast expansion of space research and commercial operations in outer space has resulted in substantial advancements in international space law, needing regular examination and revision. International space law, which is based on basic accords like the Outer Space Treaty of 1967, emerged during a time when there were fewer spacefaring nations and simpler technical objectives. However, the breadth and scale of space exploration have grown substantially, with new state and commercial entities launching lunar, asteroid, and Mars missions. The Artemis Accords, a recent US-led attempt to develop principles for joint lunar research and resource utilisation, are essential to this changing terrain. While the Accords set norms for safe and cooperative space operations, they have aroused worldwide discussion over the consequences for sovereignty, resource rights, and inclusion. This article, titled ‘Evolving Space Law in the Age of Artemis Accords’ examines the trajectory of space law, its foundational principles, and the pressing need for reforms that align space governance with the evolving technical, ethical, and geopolitical landscape of space exploration. It also aims to provide a detailed analysis of the Artemis Accords' key provisions, examines their alignment with existing space treaties, and explores their reception among both traditional and emerging spacefaring nations. By exploring the Accords’ implications, opportunities, and challenges, this article provides a comprehensive view of how international space law can evolve to support peaceful and sustainable space activities amidst growing participation and technological advancements.169 views -
Clandestine Drug Manufacturing and Environmental Harm: A Legal and Investigative Perspective
Assistant Director (Narcotics) at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, IndiaPages 1288 - 1308This article explores India’s growing menace of clandestine synthetic drug labs—particularly mephedrone—operated by scientifically trained individuals amid socioeconomic stress and digital anonymity. Drawing on major busts across the country, it reveals operational hubs in idle industrial spaces, links to transnational cartels, and abuse of bail provisions. It calls for industrial policing reforms, highlights environmental damage due to chemical waste, and proposes a multi-agency response that includes narcotics enforcement and regulatory bodies. Tools like UNODC’s CLIP app are spotlighted for enhancing chemical traceability and legal accountability.547 views -
The Border Security Force and its Role in Countering Illicit Drug Trafficking in India
Assistant Director (Narcotics) at National Academy of Customs, Indirect Taxes and Narcotics, Palasamudram, IndiaPages 1309 - 1337India’s proximity to the “Death Crescent” and “Death Triangle” exposes it to persistent narco-trafficking threats. This article explores the BSF’s evolving role as a frontline interdiction force under the NDPS Act, 1985. Using June 2025 data, it highlights trends like drone drops, color-coded packaging, and illuminating strips, while emphasizing intelligence-led operations and inter-agency constructive collaboration. Legal case analysis affirms BSF’s strategic value in India’s narcotics enforcement framework.443 views -
Medical Examination and Forensic Science in Determining Rape Cases: An Indian Context
Student at Faculty of Law, University of Lucknow, IndiaPages 1338 - 1356The effectiveness of medical and legal responses in rape cases in India continues to be gravely compromised due to systemic flaws, outdated practices, and institutional apathy. The two-finger test and other outdated practices continue to be used in defiance of court orders, undermining both Supreme Court decisions and the dignity of victims. Examining seminal examples like as the rape cases of Nirbhaya, RG Kar, and Hathras exposes pervasive flaws in medical procedures, prompt evidence gathering, and forensic infrastructure. These flaws are made worse by the unwillingness and wrongdoing of law enforcement and medical professionals, improper evidence processing, and inadequate victim support systems. This article examines the importance of medico-legal perspective of Forensic Science in determining rape case in India. It discusses the importance of medical professionals opinions and the investigators role, the distinct terms of forensic evidence and medico legal in this context. In this context this article calls for a thorough revamp through multidisciplinary reforms, such as the creation of strong forensic and medical facilities, biennial national seminars, mandated professional training, and inclusive committees. It highlights prompt and trauma-informed medical evaluations, suggests victim-centric reforms, and suggests amending current legislation to make procedural errors illegal.893 views -
Pages 1357 - 1364India's signing of the Madrid Protocol has changed how Indian companies protect their trademarks around the world. With just one application and payment, the Protocol gives you a centralised way to get protection in many countries. This is especially useful for small and medium-sized businesses (SMEs) and individual brand owners because it saves them money, makes management easier, and gives them more chances to do business around the world. Aligning India's trademark laws with those of other countries has also brought in foreign investment and made India a stronger player in international trade. But there are some problems that need to be fixed first. There are risks because international filings depend on the original national application. Delays are common because there aren't enough people and the focus is on international filings instead of national ones. Furthermore, Indian companies that do business with countries that are not members of the group still have to file individual reports. Overall, the Madrid Protocol has been better for India than bad, as it has helped Indian brands get more recognition around the world and brought in more foreign investment. The system could be an even more powerful tool for protecting global brands if it had better administrative capabilities and more international participation.289 views
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Navigating the Evolving Landscape of Digital Lending Platforms in India: Regulatory Challenges and Opportunities
Student at Chandigarh University, IndiaPages 1365 - 1389The rapid growth of digital lending platforms in India has significantly transformed the financial landscape, offering swift and accessible credit solutions to a broad spectrum of consumers. This innovation, while beneficial, also presents unique legal and regulatory challenges that need to be addressed to ensure sustainable growth and consumer protection. This paper provides an in-depth examination of the current regulatory framework governing digital lending in India, analyzing its effectiveness in addressing key issues such as consumer protection, data privacy, and fair lending practices. It highlights the strengths and weaknesses of existing regulations and identifies gaps that need to be filled to enhance the regulatory landscape. Furthermore, the paper proposes recommendations for further improving the regulatory framework to foster responsible innovation and protect consumer interests. These recommendations include the need for more robust data privacy laws, stricter enforcement of fair lending practices, and the establishment of clear guidelines for digital lending operations. The role of key players such as fintech startups and Non-Banking Financial Companies (NBFCs) is also explored, emphasizing their contributions to the sector and the challenges they face in navigating the regulatory environment. The paper delves into the operational, regulatory, and market challenges faced by digital lending platforms, including issues related to compliance, risk management, and market competition. It also discusses the potential impact of emerging technologies such as artificial intelligence and blockchain on the digital lending landscape. Finally, the paper explores future directions for this dynamic sector, considering the evolving regulatory environment and the need for continuous innovation to meet the changing needs of consumers. By providing a comprehensive analysis of the regulatory challenges and opportunities in the digital lending sector, this paper aims to contribute to the ongoing discourse on how to create a balanced and effective regulatory framework that supports innovation while safeguarding consumer interests.311 views -
Applying Ancient Wisdom to Contemporary Legal Challenges: Unveiling Arthashastra’s Relevance in Modern India
Student at ILS Law College, Pune, IndiaPages 1390 - 1406Modern-day India grapples with perplexing and complex challenges in law, governance, politics, and the economy. Thus, a critical examination of these problems. Surveying the existing literature, many legal scholars, political scientists, and economists have proposed contemporary policy changes, with only a few examining the historical roots. This study identifies gaps and challenges in the current law, governance, and so on, exploring potential challenges if the status quo continues. Those scholars who have acknowledged the significance of the Arthashastra have almost entirely focused on the historical part of it. The objective is to explore the applicability of the principles laid down by Kautilya (also known as the Indian Machiavelli) in his Arthashastra, proposing strategies to overcome these pitfalls. Arthashastra is an ancient Sanskrit treatise encompassing a wide range of subjects, including law, court system, ethics, values, norms, economics, politics, diplomacy, military strategy, and statecraft. It is a Nitishastra which throws light on statecraft and other aspects of politics and economy. This article reflects the principles outlined in the Arthashastra to counter the challenges faced by modern governance. The concept is about transforming good governance into sustainable governance. The root of happiness is Dharma (ethics, righteousness), the root of Dharma is Artha (economy, polity), the root of Artha is right governance, the root of right governance is victorious inner-restraint, the root of victorious inner-restraint is humility, the root of humility is serving the aged. Departing from the conventional methodologies, this article advocates a fresh theoretical lens that analyses Kautilya’s wisdom and the Arthashastra’s historical significance, but also adapts it to the modern-day socio-political-economic landscape of India, offering pragmatic and innovative ideas for governance and law-making. Kautilya’s strategic insights remain a valuable source of wisdom which connects the past and the present, offering a foundation of efficient governance.377 views -
The Right to Education (RTE) Act, 2009, marked a significant milestone in India’s efforts to provide free and compulsory education to all children aged 6 to 14. Maharashtra, as one of the most progressive states in India, has made substantial progress in implementing the RTE Act. However, despite these strides, the state faces numerous challenges to implement the soul essence of RTE. These include issues related to access to higher education, skill development gaps, teacher training, and infrastructural inadequacies. The learning losses, indicates violation of educational guarantees under Article 21-A. To overcome these challenges, Maharashtra needs to strengthen legal frameworks, improve digital infrastructure, enhance teacher training, and ensure continuous access to quality education for all children.215 views
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Artificial Intelligence and Indian Law: Bridging the Regulatory Gap for Responsible Innovation
Student at Department of Law, University of Allahabad, Prayagraj, Uttar Pradesh, IndiaPages 1421 - 1428Artificial Intelligence (AI) has emerged as a transformative force across industries, offering opportunities for efficiency, innovation, and economic growth. India is witnessing rapid adoption, with high consumer usage and integration in sectors such as banking, healthcare, education, agriculture, and public administration. However, this expansion exposes critical regulatory gaps in accountability, transparency, liability, and data protection. Existing laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, provide partial oversight but do not address AI-specific challenges such as algorithmic bias, explainability, and cross-border data governance. This review critically examines the intersection of AI and Indian law, evaluates global regulatory approaches (EU AI Act, U.S. sectoral model, China’s algorithm governance), and identifies India’s policy challenges. The paper proposes a risk-based regulatory framework for India, emphasizing clear liability allocation, mandatory transparency, ethical safeguards, and the creation of an independent AI regulatory authority. By balancing innovation with accountability, India can ensure citizen protection and establish itself as a global leader in responsible AI governance.185 views -
The Interface Between Intellectual Property and Competition Law: Tying as Abuse of Dominance in Technology Markets
Advocate at Madras High Court, IndiaPages 1429 - 1444The technology sector has revolutionized global markets, but it has also triggered concerns about anti-competitive conduct and market dominance. One such practice is tying, where the purchase of one product is made conditional on the purchase of another. While tying may sometimes enhance efficiency, promote innovation, or boost sales, it can equally serve as a tool for dominant firms to suppress competition, limit consumer choice, and distort market conditions. The intersection of tying with intellectual property rights (IPRs) adds further complexity. On the one hand, IPRs incentivize innovation by granting exclusivity and protecting investments in research and development. On the other hand, they can be strategically leveraged by dominant firms to foreclose markets and restrict entry by potential competitors. This tension necessitates a careful balance between fostering innovation and ensuring fair competition. This paper undertakes a comparative analysis of tying practices in the technology sector across four jurisdictions: the United States, the European Union, India, and Singapore. It evaluates the foundational principles of tying, the role of IPRs in such practices, and how competition laws have addressed these concerns. In particular, the paper highlights the European Union’s relatively strict approach, the U.S.’s more lenient stance, and India’s evolving jurisprudence. Singapore, by contrast, has limited legal provisions and lacks significant precedents on technology tying. The paper ultimately considers whether Singapore, as a hub of technological innovation, should align with the European Union’s stringent framework or adopt the more flexible approaches of the U.S. and India, proposing potential pathways for its future competition law landscape.355 views -
“Outsiders Within the Academy”: Life Narratives of Dalit (SCs) Women in Higher Education Spaces
Pursued PhD from GD Goenka University Gurugram, IndiaPages 1445 - 1458This study investigates the lived experiences of Dalit women students in public universities and colleges in Delhi by applying Patricia Hill Collins’ concept of the “outsider within” alongside an intersectional feminist framework. The research foregrounds how caste and gender simultaneously shape the everyday realities of these students as they navigate higher education spaces. Drawing on qualitative insights, the study reveals that discrimination manifests in layered forms. Within classrooms, Dalit women frequently encounter exclusionary teaching practices and both subtle and overt casteist attitudes from faculty members. Peer interactions are marked by stereotyping, social distancing, and microaggressions, which often isolate them from broader student networks. At the familial level, patriarchal expectations limit women’s autonomy, mobility, and aspirations, further intensifying the struggle to pursue higher education. Despite these challenges, participants also identified pathways of resilience and empowerment. Supportive mentors, affirmative action measures such as reservations and scholarships, peer solidarity, and engagement with Dalit and feminist writings emerged as critical resources that sustained their academic journeys. These mechanisms enabled students not only to persist but also to reframe higher education as a site of resistance, empowerment, and transformation. The study is based on data collected through 12 focus group discussions (FGDs) with women aged 22 to 35 years enrolled in various degree programs. Each group consisted of 5 to 14 participants, with diversity in age and academic stage considered to capture variations in experience. FGDs were conducted either on university campuses or at participant-chosen venues that ensured privacy and confidentiality. Beginning with broad, open-ended questions, the discussions gradually explored specific encounters with discrimination, including casteist and class-based remarks, thus eliciting both individual and collective narratives. By centering Dalit women’s voices as “outsiders within” the academy, the study underscores how structural inequalities are deeply embedded in institutions often described as meritocratic. At the same time, it highlights the strategies of resilience and self-assertion through which marginalized students carve spaces of belonging and agency. The findings contribute to the broader discourse on caste, gender, and education by stressing the urgency of building inclusive and socially just academic environments.368 views -
Habitus, Capital, and Integration: Understanding Marginalized Women’s Educational Journeys through Tinto and Bourdieu
Pursued PhD from GD Goenka University Gurugram, IndiaPages 1459 - 1475This paper offers a theoretical exploration of student persistence and inequality in higher education by drawing on Vincent Tinto’s model of student integration and Pierre Bourdieu’s concepts of cultural capital, social capital, and habitus. While Tinto emphasizes the processes of academic and social integration as critical determinants of student retention, his framework often assumes institutions as neutral spaces. In contrast, Bourdieu situates educational experiences within broader structures of power, showing how institutions privilege dominant cultural capital and reproduce social hierarchies. By bringing these perspectives into dialogue, the paper argues that student “dropout” or alienation cannot be understood merely as individual failure to integrate, but rather as a systemic outcome shaped by structural inequalities and the unequal distribution of capital. This synthesis highlights how students from marginalized and first-generation backgrounds—particularly in the Indian context—encounter institutional cultures that devalue their identities and dispositions, resulting in a mismatch between habitus and academic expectations. At the same time, the combined framework also illuminates the conditions under which persistence is possible, such as through inclusive pedagogical practices, recognition of diverse forms of capital, and supportive peer and faculty networks. Ultimately, the paper contributes to higher education research by reframing student persistence not simply as a matter of integration, but as a site where inequality and resistance intersect, demanding institutional transformation.254 views -
Startups and the Digital Personal Data Protection Act, 2023 and the Draft Rules 2025: Compliance and Challenges
Ph.D. Candidate at National Law Institute University, Bhopal, IndiaPages 1476 - 1486The Digital Personal Data Protection Act, 2023, along with the Draft Rules 2025, establishes India’s first comprehensive framework for safeguarding digital personal data. While crucial for protecting the fundamental right to privacy, the Act presents a regulatory paradox for startups. Its corporate-scale mandates, such as granular consent mechanisms, data audits, and strict breach notifications, impose disproportionate financial and operational burdens on resource-constrained startups. This paper examines how principles like Purpose Limitation and Data Minimization, though important for privacy, conflict with the agile, data-driven operations of startups, particularly in AI and machine learning sectors. The retrospective consent requirement for legacy datasets further amplifies the challenge, as startups risk losing high-value customer data collected before the Act’s commencement. Such losses, given the high Customer Acquisition Costs in sectors like e-commerce and EdTech, could severely impact business viability. The research argues that uniform application of the Act may unintentionally stifle innovation and hinder scalability within the startup ecosystem. By moving from intent to implementation, policymakers can transform data governance from a compliance burden into a competitive advantage rooted in consumer trust, ensuring that India’s digital economy advances both innovation and privacy in equal measure.278 views -
Debt Imprisonment and Criminalization of Economic Conditions in Jordan
Faculty of Law, Department of Law, Middle East University, Amman, JordanPages 1487 - 1499This paper examines debt imprisonment in Jordan as a continuing legal and social convention criminalizing economic incapacity. Anchored on the Execution Law, custodial enforcement of civil debts continues despite international and regional attempts at proportionate and rights-based approaches. Embracing a qualitative case study strategy, the study integrates doctrine-based exploration of statutory law with empirical data from court proceedings and semi-structured interviews with judges, lawyers, debtors, and civil society activists. The study establishes that imprisonment neither guarantees repayment nor forestalls default but instead institutionalises poverty at disproportionate levels amongst poor families and erodes confidence in the judiciary. Discretion is skewed across judges such that while a few use routine custodial actions, others resort to negotiated settlements. The study concludes that prevailing practices breach Article 11 of the ICCPR and broader principles of human rights. It concludes by advocating for reforms embracing civil remedies, structured repayment procedures, and increased social protection against punitive incarceration.394 views -
Pages 1500 - 1510The doctrine of deceptive similarity is a cornerstone of Indian trademark law, ensuring that trademarks serve their essential purpose of distinguishing goods and services without misleading consumers. Under statutory law a mark is deceptively similar if it so closely resembles another mark that it is likely to deceive or cause confusion. Indian courts have developed rich jurisprudence on this principle, balancing the rights of proprietors with consumer protection. Indian courts in several cases emphasized phonetic similarity and the notion of imperfect recollection and highlighted the significance of overall impression rather than dissected comparisons. The Judicial activism introduced a multifactor test and raised the threshold for pharmaceutical products due to public health risks. More recent rulings illustrate the nuanced application of the doctrine across classes of goods and services, with emphasis on reputation and unfair advantage. The scope of deceptive similarity extends beyond word marks to trade dress, packaging, and even domain names, reflecting the dynamic nature of commerce. In the digital era, courts have also acknowledged doctrines such as initial interest confusion in online platforms. This study underscores that deceptive similarity in India is not a rigid formula but a contextual, consumer-centric standard that continues to evolve, thereby preserving market integrity and promoting fair competition while safeguarding the interests of the public.363 views
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Pages 1511 - 1525Globalization has reshaped economies, cultures, and legal frameworks with its multidimensional reach. It signifies increasing interdependence of states in economic, social, political, and technological spheres. Sustainable development emphasizes growth that safeguards rights of future generations while protecting environmental and social interests. The interrelation between globalization and sustainable development is complex. On one hand, globalization enhances trade, foreign direct investment, technology transfer, and global knowledge exchange. These benefits support green innovation, capacity building, and socio-economic advancement. On other hand, globalization aggravates resource exploitation, ecological degradation, and inequalities within and across nations. In India, economic liberalization of 1991 accelerated integration into global markets. The expansion of manufacturing and services increased employment and national income. Simultaneously, rapid industrialization and urbanization intensified pollution, deforestation, and energy consumption. Indian courts have actively intervened to balance growth and sustainability, with cases such as Vellore Citizens’ Welfare Forum v. Union of India recognizing precautionary and polluter-pays principles under Article 21 of Constitution. India’s commitments under Paris Agreement and National Action Plan on Climate Change reflect its resolve to align economic growth with ecological balance. This paper examines dynamic interface of globalization and sustainable development through doctrinal, comparative, and policy perspectives. It focuses on Indian constitutional framework, international obligations, and judicial activism in shaping responses. The analysis further draws from European, CIS, and OECD experiences to highlight convergences and divergences. The study proposes strategies to balance economic liberalization with environmental justice and intergenerational equity.506 views
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Cursed for being Her: Witch Branding & The Triple Jeopardy of Intersectional Oppression in Rural India
Student at St. Joseph's College of Law, Bengaluru, Karnataka, IndiaPages 1526 - 1539Feminism, meant for the empowerment of women, has failed those women beaten down under the triple jeopardy of caste, class and, gender. Gender violence includes a gamut of violations ranging from threats and profanities screamed, to murder, sexual violations, female genital mutilation, bride burning, child marriage, amongst a million others. A nation’s criminal justice system serves as a mirror, reflecting the underlying values and culture of the civilization. India continues to be plagued by the idea of black magic and witchcraft to this day, giving rise to witch hunts and witch branding which remains to be one of the most diabolical and archaic practices persisting in our world. It disproportionately targets women, especially those from the lowest strata of society. This not only exists in our nation but has been seen everywhere throughout history, proving to be a form of social control rather than a genuine belief in providing justice. Women are often branded as witches for any sort of misfortune; however, there exists an undertone of patriarchal control and caste hierarchy in the process of branding these women. Despite being a crime that individuals are subjected to carry the heaviness of, despite being acknowledged as a social wrong, and despite several legislative bills brought forward to curb these practices, it continues to persist at an alarming frequency. This research paper examines the intersectional vulnerability of women who face the triple jeopardy: gendered violence, caste oppression, and class discrimination. It critically analyses the existing legal position India holds in relation to such crimes, the lack of uniformity, awareness measures and robust rehabilitation.287 views -
Pages 1540 - 1546This paper examines the doctrine of pleasure — the constitutional principle that public servants hold office “during the pleasure” of the President or the Governor — and its interactions with the Indian bureaucracy, legal safeguards, and democratic stability. Beginning with the historical roots of the doctrine and its transplantation into the Indian constitutional structure, the paper traces statutory safeguards (notably Article 311) and landmark judicial interpretations (with emphasis on Union of India v. Tulsiram Patel). It then analyses how the doctrine affects (a) bureaucratic neutrality and independence, (b) executive control and political accountability, (c) administrative efficiency and discipline, and (d) rule-of-law guarantees. Drawing on comparative perspectives and recent scholarly debate, the paper concludes with policy recommendations to balance administrative responsiveness with protections against arbitrariness, thereby strengthening the resilience of Indian democracy.261 views
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Co-Authoring Cities: Participatory Budgeting as the Pulse of Smart Governance
Assistant Professor at Chettinad School of Law, Chettinad Academy of Research and Education, Kelambakkam, Tamilnadu, IndiaPages 1547 - 1557Participatory Budgeting (PB) is the lever that can lift Indian Smart Cities from technocratic rigidity to pulsating, citizen – driven ecosystems. Yet across India, Participatory Budgeting remains uneven, patchy, elite – dominated and digitally constrained. This paper posits Participatory budgeting as a transformative apparatus of justice, innovation and foresight. It introduces a novel angle, where participatory budgeting is established as a mechanism of Restorative Justice, addressing historical urban inequities; Epistemic Justice, integrating indigenous and marginalized knowledge; and Climate Conscious Budgeting, aligning citizens’ choices with sustainability imperatives. Futuristic tools – quantum budgeting, gamified civic engagement and climate weighted voting are proposed, with a careful examination of their practical feasibility and scalable implementation, ensuring innovation is not merely aspirational but actionable. A multi-layered transparency architecture is introduced, blending blockchain verification, participatory social audits, AI – driven monitoring, safeguards, accountability, data justice and integrity. Through comparative analyses of participatory budgeting initiatives in Indian Smart Cities and International exemplars, the study identifies both challenges and pathways to effective Participatory budgeting culmination into practices. Participatory budgeting stems as a co – creative platform, where citizens are empowered to co-author the narrative of the future of their cities, turning Indian Smart Cities into models of inclusive, accountable and ingenious urban governance.194 views -
The Unseen Revenue Stream: A Study on the Unregulated Coaching Institutes and its Tax Evasion
Advocate in Chennai, IndiaPages 1558 - 1574The Indian education system has seen a significant increase in the number of coaching institutes, which have turned into a lucrative industry. However, these institutes operate in a largely unregulated manner, lacking any legal framework for their establishment and operation. This study investigates the tax obligations of these unregulated coaching centers and their effects on student welfare. Despite charging high fees, they offer inadequate facilities and poor infrastructure, leading to tragic incidents, such as the deaths of several students in a Delhi coaching institute's basement. These institutes often use misleading advertisements to attract students and gain the trust of parents. Additionally, I examine the adverse effects on student well-being, including stress and mental health issues, stemming from the absence of proper oversight and support. The rise in mental health problems among students is concerning, with many facing depression, anxiety, and even suicide. It is essential for the government to create a regulatory body to monitor coaching institutes, ensuring they provide quality education and infrastructure while adhering to tax regulations.188 views -
Criminal Justice System and the Victim: A Critical Analysis through Indian Perspective
Advocate at High Court of Chhattisgarh, IndiaPages 1575 - 1584“For too long, the law has centred its attention more on the rights of the criminal than on the victims of the crime. It is high time that we reversed this trend and put the highest priority on the victims and potential victims.” The article discusses the current criminal justice system and lists the several issues that victims encounter. The ideal criminal justice system would ensure that victims obtain justice in the fullest meaning of the word, however there are other issues that victims must deal with, such as social judgement, lack of compensation for injuries they have sustained, psychological stress, etc. This paper has addressed these issues and offered recommendations for implementing a successful restorative justice system in India. A couple of the prerequisites for restorative justice are family group conferences and healing circles. Examples from law commission reports, committees, other nations, Supreme Court justices, and suggested revisions have all been included in this paper. In the end, reparative justice for victims was highlighted in the reports of the Malimath Committee and the 154th Law Commission. India's victimology underwent an enormous change in 2009 when the historic Cr.PC amendment was passed, establishing a victim-centric system. The study primarily explores the issue in two stages: first, it addresses the notion that victim compensation is an effective solution, and second, it addresses the philosophy of victim support services. The article concludes with recommendations for strengthening the current system and outlining next steps for the victim's better recovery. Determining the degree to which judges, police, prosecutors, defence attorneys, and the general public completely understand the most recent amendments is the biggest problem facing the legal system.215 views -
Navigating Legal Landmarks: A Study of Key POCSO Act Judgments
Advocate at High Court of Chhattisgarh, IndiaPages 1585 - 1593The planet is getting smaller in the current, globalised era. Today, we can communicate with the rest of the world from the convenience of our homes and offices. Through technology, such rapid communication is made possible. This was made feasible through the internet. Our young people are now world citizens. However, this technological development is also turning into a problem for society. Children now have easy access to the internet, where they are learning violence and other harmful acts. Children today are more likely to conduct crimes on their own due to a number of compelling or driving circumstances, which eventually leads to legal issues. Children nowadays are both victims and offenders of crimes. Children alone shouldn't be held responsible for such a circumstance since that would be unfair to them. Sexual assault against and by children is simply one subset of the greater context of violence, which is so pervasive in families, schools, relationships, and online. We must look into the bigger issues of violence that are so widespread. We need relationships and situations that are secure, caring, and safe in order to prevent child abuse and neglect. Only a caring and nurturing environment is necessary for children to thrive, and they grow via relationships that provide them with stable, loving environments. When such fundamental relationships are risky, unstable, or aggressive, they have a higher likelihood of experiencing bodily and emotional regression. It is simple to predict how an unhealthy environment will affect a child's physical and emotional health. This research paper delves into the legal precedents set by the judiciary while analysing the POCSO Act. The judiciary not only safeguards the rights of the children effected makes but also interprets laws which the parliament enacts. It acts as a guiding factor.226 views -
Legal Challenges of Blockchain in India
PhD Candidate at National Law Institute University, Bhopal, IndiaPages 1594 - 1601Blockchain Technologies and related virtual digital assets (VDAs) present novel legal, regulatory and policy challenges for India. The first and foremost challenge is regarding who is unified regulator whether it’s Reserve Bank of India, Securities and Exchange Board of India or Ministry of Electronics and Information Technology. The second challenge is that there is legal uncertainty on smart contracts as it’s not explicitly recognized under Indian Contract Act. Consumer Protection, Cross-border transactions and Tax clarity are highly contentious, as there is no dedicated fund for crypto hacks and even when flat taxation exists but accounting for losses and transfers is unclear. This paper maps the existing legal architecture applicable to blockchain and VDAs in India, analyses judicial and regulatory developments, identifies gaps and tensions in the present regime, and proposes targeted legal reforms and regulatory principles. I argue that India’s existing legal instruments (notably the Information Technology Act 2000 and general commercial and criminal statutes), together with case law and tax measures, provide partial coverage but leave substantial uncertainty on issues such as property status of VDAs, consumer protection, anti-money-laundering (AML) combating the financing of terrorism (CFT) enforcement, and financial stability risks. The paper recommends a calibrated approach combining (1) legal clarity on the classification and property status of VDAs, (2) an outcomes-based regulatory sandbox architecture, (3) clearer AML/CFT rules for VDA intermediaries, (4) tax rules aligned with innovation objectives, and (5) a cross-agency coordination mechanism.498 views -
Pages 1602 - 1611The right against self-incrimination, enshrined in Article 20(3) of the Constitution of India as a fundamental right, provides that “No person accused of any offence shall be compelled to be a witness against himself.” This research paper critically examines the scope and efficacy of this cherished procedural safeguard in the contemporary era, where rapid advancements in forensic science and investigative technologies, particularly narco-analysis, brain mapping, and DNA testing, present profound legal and philosophical challenges. The research paper begins by elucidating the historical evolution and jurisprudential foundations of the right against self-incrimination, analysing its core principles the protection of individual autonomy, the prevention of coercive practices, and the maintenance of a fair adversarial process. The central inquiry focuses on whether the compelling nature of these modern scientific techniques constitutes a form of testimonial compulsion, effectively forcing the individual to “be a witness” against themselves by extracting evidence of a personal and intimate nature from their body and mind. This paper argues that while the Indian judiciary has made significant strides in cases like Selvi v. State of Karnataka by prohibiting the forcible administration of narco-analysis, the legal framework remains ambiguous and inconsistently applied, especially concerning the compelled extraction of biological material for DNA profiling. The analysis of our paper reveals a critical jurisprudential tension: the courts’ desire to harness scientific methods for truth-finding often clashes with the fundamental right to privacy and the privilege against self-incrimination. The research concludes that existing interpretations of Article 20(3) require a more robust and technologically conscious expansion to adequately protect individual liberties. We propose a recalibrated legal test that distinguishes between physical and testimonial evidence more coherently and recommends legislative action to establish clear procedural safeguards and also ensuring that the pursuit of scientific evidence does not erode the foundational principles of a just criminal justice system.436 views
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Deepfakes and the Right to Privacy: Analysing Constitutional Restrictions under Article 19(2)
Research Scholar at Chanakya National Law University, IndiaPages 1612 - 1624In addition to making life easier, technological developments can have dangerous side effects if they are abused. One example of such technology is deepfake technology, which has been one of the most significant developments in recent years. It is very challenging to distinguish between authentic and fraudulent material. Artificial intelligence is used by deepfake technology to create hyper-realistic images and movies by impersonating people. This essay evaluates the growing effects of Deepfake technology on personal security and privacy. Artificial intelligence-powered deepfake capabilities present a challenge in correctly differentiating real media from fake versions, endangering data integrity and individual identities. This essay examines the present legal issues raised by deepfakes as well as potential remedies in India, such as the country's criminal, and privacy laws. Although certain aspects of the deep fake issue can be addressed by these current laws, it is becoming more widely acknowledged that specific rules and regulations targeting deep fakes and synthetic media are desperately needed. Furthermore, in order to reduce the risks connected with this technology, significant efforts must be taken to increase awareness, provide countermeasures, and create a regulatory framework.335 views -
Pages 1625 - 1651India’s ambition to become a global hub for semiconductor manufacturing has gained traction in recent years. Yet, a critical gap has long existed in the country’s legal framework—particularly concerning the protection of semiconductor integrated circuit layout-designs. To address this void, the Government of India enacted the Semiconductor Integrated Circuits Layout-Design Act in 2000, introducing a unique form of intellectual property protection specific to this technology. This research explores whether the Act effectively bridges that gap in India's IPR regime and whether it contributes meaningfully to fostering innovation in the semiconductor industry. Using a doctrinal research method guided by a law-and-economics perspective, the paper reviews the origins of the Act, its structure, and key provisions. It analyzes the scope of rights granted, the registration process, and enforcement mechanisms to determine how well the law works in practice. The study also examines whether this legal protection has encouraged innovation or investment in the sector. It finds that while the Act was a necessary step toward establishing legal safeguards for semiconductor layout-designs, its impact on innovation remains limited. The paper highlights several challenges in the implementation of the Act, including low registration numbers, lack of awareness, weak enforcement, and limited judicial interpretation. By comparing India’s approach with that of countries like the United States, Japan, and members of the European Union, the study finds that stronger legal systems, industry engagement, and institutional support have contributed to better outcomes elsewhere. In India, these support systems remain underdeveloped. Ultimately, the research concludes that although the Act filled a long-standing legislative gap, it has not yet achieved its full potential. Its contribution to India's broader innovation ecosystem is minimal unless backed by legal reform, institutional strengthening, and better alignment with international best practices. The paper recommends amending the Act to meet higher standards, building stronger enforcement bodies, encouraging collaboration between the government and private sector, and promoting greater public awareness. This study offers a timely contribution to discussions on intellectual property rights in emerging technology sectors. It underlines the need for a more robust and responsive legal framework that can support India’s growing aspirations in the global semiconductor space.212 views
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Pages 1652 - 1683Corporate mergers and divisions (M&Ds) are central to Ghana’s restructuring landscape, yet the governing statute, the Companies Act, 2019 (Act 992), is silent on employee participation. This paper interrogates the legal and economic consequences of that omission. Using a doctrinal methodology complemented by economic and finance insights, it analyses Act 992 alongside comparative benchmarks in the European Union model and selected Commonwealth approaches to evaluate efficiency and welfare effects. The Ghanaian banking-sector clean-up (2017–2019), which resulted in over 6,000 job losses, serves as an empirical touchstone, illustrating large-scale employment dislocations and weakened bargaining positions for affected workers. Findings show that while Act 992 provides robust ex ante safeguards for shareholders and creditors, and ensures the universal succession of assets and liabilities, it relegates employees to ex post remedies under the Labour Act, 2003 (Act 651), primarily redundancy pay and consultation upon anticipated terminations. This bifurcated regime undermines both distributive justice and transactional efficiency by elevating capital-holder interests and neglecting workforce integration, a determinant of post-merger performance. The article contributes one of the first systematic accounts of employee participation in Ghanaian M&Ds, demonstrating how legislative silence generates predictable coordination failures, cultural frictions, and productivity losses. It advances a reform agenda—statutory recognition of employees as stakeholders in M&Ds, mandatory information and consultation rights, and procedural linkage between company-law and labour-law compliance to align Ghana’s corporate legal framework with comparative best practices and to enhance fairness, integration quality, and long-run value creation.456 views
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Young Voices, Big Impact: The Role of Psychology in Child Witness Testimony
Student at GLS University, IndiaPages 1684 - 1698Every court of law works upon the statements and testimonies provided by the witnesses. There are many who don’t know the importance of testimony and may give it away in a light way, especially in the cases where children are the providers. It is very difficult to differentiate between reel and real for them and hence it becomes crucial to assess and evaluate the credibility of the statement provided. The Statement Validation Assessment (SVA) tests work upon the same fundament and maintain the admissibility of the statement in trial of the case. Due to many underlying factors such as external pressure, social pressure, influences, high level of suggestibility, and so on, a child’s testimony may vary from the reality and therefore, SVAs are conducted by forensic psychologists. This research paper delves into the aspect of the reliability and credibility of the testimony provided by a child, under a forensic lens. It discusses various legal provisions which make the testimony admissible under valid circumstances, the factors which affect the credibility level of the testimony of a child and various SVA Tests, which can be conducted by forensic psychologists, to measure the level of credibility and whether the so provided testimony should be admissible in the court in trial or not.415 views -
The Dollar as a Trade Weapon: Legal and Economic Analysis of the U.S. Secondary Sanctions on SWIFT Transactions
Student at KIIT School of Law, IndiaPages 1699 - 1717The U.S. dollar’s dominance and SWIFT’s global reach have enabled Washington to use finance as a tool of foreign policy. Through secondary sanctions, the U.S. extends its jurisdiction globally, compelling governments, companies, and banks to comply or risk exclusion from the dollar-based system. While effective in cases like Iran’s SWIFT expulsion (2012) and Russia’s disconnection (2022), these actions raise complex legal, economic, and humanitarian issues. This paper analyses the legal foundation of such sanctions under the International Emergency Economic Powers Act (IEEPA), the Countering America’s Adversaries Through Sanctions Act (CAATSA), and new proposals like the Sanctioning Russia Act (2025). It also examines their global repercussions, including humanitarian fallout noted in Iran v. United States (ICJ, 2018) and destabilisation of trade and energy markets. Counter-responses—such as the EU Blocking Statute, INSTEX, Russia’s SPFS, China’s CIPS, and BRICS currency initiatives—illustrate growing resistance. The study further explores digital payment systems and CBDCs as alternatives to Western-controlled networks. It concludes that while the dollar remains a powerful trade weapon, excessive reliance on unilateral sanctions risks accelerating de-dollarisation. Sustainable policy demands multilateral legitimacy, humanitarian exemptions, and institutional neutrality to preserve U.S. credibility and global financial stability.902 views -
Marital Rape in India: Between Social Silence and Legal Denial
Student at Amity University, IndiaPages 1718 - 1720In India, marriage is often seen as an institution of perpetual consent, where the wife’s autonomy over her body is subsumed under the marital relationship. This social assumption, reinforced by a colonial-era legal exception in Section 375 of the Indian Penal Code (IPC), has made marital rape invisible in law and normalized in society. This paper explores the socio-legal implications of marital rape, examining the existing legal framework, constitutional debates, judicial interpretations, and societal attitudes. It also evaluates arguments both for and against criminalization and suggests policy reforms that aim to balance justice, protection, and procedural safeguards.145 views -
Abortion has become the most debatable topic nowadays based on the pro-life or pro-choice debate. This paper focuses on three south Asian countries, their legal frameworks and in which debate they rely on. Bangladesh, India and Nepal are the countries that have different views on abortion. While one of them liberalized abortion, on the other hand another one narrowed the scope down. But each of the country still have some deprived women who are still being forced to be a mother, who became pregnant unintendedly, some of them cannot abort only because of their socio-economic state and all. Motherhood is not a thing to be imposed but to be felt. So, every person has right to choose whether to carry a baby or abort it. The access to safe abortion should be ensured in every country for a better mental and physical health of a woman.215 views
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From the Indian Tolls Act to FASTag: Evolution of Toll Laws in India
Assistant Professor at Chettinad School of Law, Chettinad Academy of Research and Education, Tamilnadu, IndiaPages 1744 - 1751The regulation of toll collection in India has undergone a significant transformation, reflecting the Nation’s infrastructural growth, technological adoption, and evolving policy frameworks. Beginning with the Indian Tolls Act of 1851, which provided the earliest statutory authority for levying tolls on roads and bridges, the legal regime surrounding toll gates has gradually expanded to accommodate changing governance models and transportation needs. Subsequent legislations, including the Tolls on Roads and Bridges Act of 1875 and the Indian Tolls (Army & Air Force) Act of 1901, introduced a more structured approach to toll administration and defined exemptions for specific categories, such as defense personnel. With the liberalization of the economy and the surge in public–private partnerships, the National Highways Authority of India (NHAI) emerged as a central institution overseeing toll operations. The enactment of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 marked a crucial milestone in standardizing toll collection practices across the country. In the recent years, the integration of technology and automations has redefined tolling mechanisms, most notably through the mandatory adoption of FASTag, an electronic toll collection system that streamlines payments and reduces congestion of roads. This shift not only reflects India’s push towards digital governance but also raises important questions about transparency, user rights, and the balance between revenue generation and commuter convenience. The research explores the historical trajectory of toll laws, analyses the interplay between statutory provisions and administrative rules, and evaluates judicial interpretations that have shaped the present framework. By tracing this evolution from colonial-era toll statutes to modern electronic systems, the study aims to provide a comprehensive understanding of how legal and policy measures have responded to the twin imperatives of infrastructure financing and public accountability. Ultimately, the paper underscores the need for a dynamic regulatory approach that harmonizes technological innovation with equitable access and legal safeguards.516 views -
A Case Analysis on Church of God (Full Gospel) in India vs K.K.R. Majestic Colony Welfare Association
LL.M. student at SRM School of Law, IndiaPages 1752 - 1758In this commentary, we will analyze the important decision of the Supreme Court in Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association, examining the guaranteed right to freedom of religion under Articles 25 and 26 of the Constitution of India, in connection with the emerging right to a noise pollution-free environment that is part of the right to life and personal liberty under Article 21. The petitioner in the Church, represented by eminent advocates K.K. Venugopal, was challenging the Madras High Court ruling that had imposed limits on the Church's ability to use loudspeakers and forms of prayer as a result of a complaint filed by a residents' welfare association in relation to noise pollution. After evaluating the judgment, the Supreme Court set aside the Madras judgment and after examining the guidelines to delineate limits of sound of prayer as worship, inferred that "no religion requires that a person pray in a way that can be unnecessarily be seen as a nuisance to any other person.” Ultimately, the judgment found that even the practice of the right to practice religion is not absolute and does not take precedent over the fundamental right of citizens to live and enjoy their.661 views -
In today’s evolving professional environment, academic performance alone is not sufficient to ensure career success. Employers look for candidates who projects a clear professional identity and can have practical visibility in their field. This expectations from employers have made students and fresh graduates to look Personal Branding as a crucial factor for their employability and career advancement. This study investigates the gap between the expectations of employers and the state or preparedness of the students to build and communicate their personal brand. The two central issues dealt with in this study includes the impact that the personal branding has on students’ employability, and the role it plays in enhancing hiring prospects and networking opportunities for freshers and experienced professionals. By analysing awareness levels, branding practices, and intended career outcomes among students and graduates, the research highlights the challenges, of limited awareness, inconsistent engagement, and lack of institutional support, by the student. This findings aim to establish personal branding as not just an skill that is optional but as a key component in providing practical insights to students and fresh graduates, professional readiness and career development programs to bridge the classroom-to-career divide.252 views
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The Waqf Land Reality: Analysing the Legal, Social & Economic Aspects of the Waqf Amendment Bill 2024
Student at Gujarat National Law University, Gandhinagar, IndiaPages 1780 - 1796Waqf properties are the third-largest landholdings in India, following only the Railways and the Defence sector. Despite their vast expanse, these lands are often caught in a web of legal and administrative challenges, since Waqf Boards hold unchecked authority to make final decisions on disputes. The proposed Waqf Amendment Bill brings new changes to the table, and this paper aims to analyse whether the changes are beneficial or not. By utilizing and applying economic theories of transaction costs and economic efficiency this paper seeks to explore these changes and highlight the urgent need for reform. The study is not only limited to the Waqf Amendment Bill but also the interaction and interplay of other statutes due to the proposed changes, namely the Real Estate Regulatory Authority Act and the Transfer of Property Act. The paper also explores the social changes which could be the possible results of the amendments. Today, more than 73000 waqf properties are currently in dispute, which emphasizes the need for change, hence this paper focuses on providing actionable recommendations and conclude with suggestions which will benefit all stakeholders.247 views -
Inter-Connection between Law and Literature: A Study of Literary Representation in Law
Lawyer in IndiaPages 1797 - 1801Law and literature are understood as two different fields, one which is heritage as art another is known as interpretative work. Even though both fields are different, but somehow interconnected. Law and Literature are seen as cultural practices that promote social interest in society. Literature as a mirror to the people or a law maker. This study also highlights how Literature works as a critique to Lawmaker. If Lawmakers are unable to deliver justice, equality and fail to distribute their power in society, then Literature is the only way that they can express their anger, emotion, happiness and give a message in society. Literature work as a pillar in the society. Through the written literature the lawmaker can encourage and do things which is beneficial for societies Justice. This Article also explains how Judges use Literary works in their Judgments. Using Literary work in judgment can connect with human feelings and be relatable to the society.304 views -
Challenges in Applying the Kompetenz-Kompetenz Principle in Tanzanian Arbitration Law in Relation to Court Intervention
Master of Laws (Alternative Dispute Resolution) candidate at the Dar es Salaam Tumaini University, TanzaniaPages 1802 - 1811The paper investigates the use of the Kompetenz-Kompetenz concept in Tanzanian Arbitration law, focusing on the Arbitration Act, [Cap. 15 R.E. 2023]. The concept gives arbitral tribunals the authority to establish their jurisdiction, but it also allows for early judicial involvement, which can lead to legal conflict and procedural abuse. The research contrasts Tanzanian law with UNCITRAL Model Law states such as Kenya and India. It emphasizes the dangers of ambiguous judicial interpretation and uncertainty for investors and economic players. This paper furthermore proposes a balanced strategy to preserving some judicial control while protecting tribunal autonomy. It proposes measures to standardize procedure, provide legal certainty, and boost Tanzania's status as a regional and global arbitration hub.212 views -
The Role and Impact of Alternative Dispute Resolution Mechanisms in Resolving Sports-Related Disputes in Tanzania: A focus on football disputes in Tanzania
Master of Laws (Alternative Dispute Resolution) candidate at the Dar es Salaam Tumaini University, TanzaniaPages 1812 - 1829This study critically examines the role and impact of Alternative Dispute Resolution (ADR) processes in resolving sports-related conflicts in Tanzania, with a primary emphasis on football. The research is predicated on an analysis of Tanzanian legislation, specifically the National Sports Council Act (Cap. 49 R.E. 2023), the Arbitration Act of 2020, the Civil Procedure Code (Cap. 33 R.E. 2019), and the regulatory frameworks of the Tanzania Football Federation (TFF). These frameworks recognise internal conflict resolution mechanisms; yet, they are disjointed, underdeveloped, and sometimes misaligned with international norms. The Feisal Salum contractual disagreement shows how bad local procedures may force athletes and teams to go to regular courts or foreign agencies to settle their differences, which hurts the effectiveness and credibility of domestic administration. The article looks at how Tanzania's laws are different from those of other countries, such as the Court of Arbitration for Sport (CAS), FIFA's National Dispute Resolution Chamber (NDRC) Recognition Principles (2024), and national ADR models like Sport Resolutions UK. It displays both the good and the negative. It shows that well-organised ADR may be highly helpful, such as shortening the time it takes to reach a decision, hiring individuals who know about sports law, keeping things private, building solid professional relationships, and producing conclusions that are legally enforceable. The study focuses on ongoing issues, such as unclear jurisdiction between federations and national courts, weak procedural safeguards, a lack of qualified arbitrators and mediators, financial and logistical constraints, and poor enforcement of arbitral decisions. The study supports a practical, step-by-step approach to transformation. This includes changing the NSC Act to officially recognize ADR, setting up a National Sports Dispute Resolution Chamber (N-SDRC) that follows FIFA rules for football related dispute resolution, creating structured training programs for sports law professionals, digitizing case management, and sharing anonymize awards to build trust and jurisprudence. The study says that Tanzania's sports governance framework needs to include Alternative Dispute Resolution (ADR) because it is both a legal requirement and a smart policy move. This will protect athletes better, make sure Tanzania's sports institutions follow international sports governance standards, bring in more money to the sports sector, and improve the credibility of Tanzania's sports institutions.403 views -
Adjudicating Transnational Crimes in Rwanda: Legal Framework and Jurisdictional Challenges
Judge at High Court, and Part Time Lecturer at Kigali Independent University, RwandaPages 1830 - 1849Transnational crime refers to certain criminal phenomena that transcend borders of two or more countries, violate the criminal laws of multiple states, or affect another country. The common characteristics of transnational crimes is based on the extension of criminal responsibility towards a common responsibility of States which implies that the countries entering into this extension of responsibility are involved de facto in the implementation of the entire procedure due to the participatory obligation to which they are subject. This imply that combating transnational crimes must be a collaborative effort. Thus, Rwanda must organize its legal systems in order to align with the requirements created by the nature of transnational crimes and international standards in prosecuting and adjudicating these crimes. This study assesses strengths, gaps and challenges of the legal framework in adjudicating transnational crimes in Rwanda. In this study, main legislations which are closely related to the transnational crimes, jurisdiction and their adjudication in Rwanda were qualitatively analyzed. It has argued that despite the essential legal measures taken by the Rwandan legislator to strengthen the fight against cross-border or transnational crimes, there are still areas to improve at the national, regional and international level, particularly in terms of updating regularly the legal measures pertaining to the fight against cross border crimes and in the cooperation in criminal matters with other States.306 views -
The Contractual Relationships in a Letter of Credit Transaction: The Common Law Perspective
Ph.D Fellow at Department of English Law, University of Dschang, CameroonPages 1850 - 1869Commercial transactions are better regulated and explained by the law of contract. Contractual principles are used to settle disputes that arise in international sales transactions where the letter of credit is considered the life blood of commerce. To be able to ascertain and determine the liability of parties in the letter of credit transaction, it is germaine to determine contractual relationships that accrue therein. Thus, the importance of a letter of credit cannot be over emphasized; it is a payment instrument aimed at securing the international sales. It does not only provides a conditional guarantee of payment and a degree of financial certainty, it also guarantees that the required goods will be delivered. The letter of credit is a contract that creates different autonomous contracts; but there is a controversy as to whether the letter of credit is a contract having regards to the common law requirements of a valid contract. The offer, acceptance and consideration rules might be difficult to trace in a letter of credit in other to qualify it as a contract. Perhaps more compelling is to determine the type of contract a letter of credit portrays. This paper seeks to examine the elements of a valid contract in a letter of credit and the nature of the contractual relationships that are created by the letter of credit transaction.182 views -
Pages 1870 - 1889This paper investigates the growing tension between profitability and accountability in ESG investing, particularly within the regulatory landscapes of the EU and post-Brexit UK. It showcases the significant pressure for companies to present themselves as ESG-compliant, and potentially reap related financial benefits, while often lacking the substantive actions to back such claims. In the EU, key legal tools such as the Taxonomy Regulation, Sustainable Finance Disclosure Regulation (SFDR), and the Corporate Sustainability Reporting Directive (CSRD) form a layered framework that seeks to standardize ESG transparency requirements. Nonetheless, this paper notes persistent challenges, including ambiguous thresholds like "significant harm", the complexity of SFDR disclosures, as well as the risk of greenwashing and green bleaching. Post-Brexit, the UK has also developed its own anti-greenwashing regime, including FCA rules, sustainability labels, and strict naming restrictions, although these may impose compliance burdens and create interpretive uncertainty. This paper concludes by offering best practice recommendations for financial institutions - such as enhancing transparency through third-party audits, improving ESG due diligence, strengthening governance through ESG oversight and incentive alignment, fostering stakeholder engagement, and leveraging technology like real-time analytics or blockchain for verifiable ESG reporting.416 views
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Uniform Civil Code, Personal Laws and Minority Rights: Balancing Equality and Diversity in India
Student at Vignan Institute of Law, IndiaPages 1890 - 1893The article examines the controversy surrounding India's Uniform Civil Code (UCC), highlighting the constitutional tension between religious freedom and cultural variety on the one hand, and equality and gender justice on the other. It examines the Uttarakhand UCC, 2024, and places it in the context of more general concerns about minority rights, same-sex marriage, and reservations. While reservation cases highlight India's dedication to substantive equality, landmark rulings like Shah Bano, Sarla Mudgal, Shayara Bano, Navtej Johar, and Supriyo Chakraborty show how courts have handled equality, gender justice, and emerging LGBTQ+ rights. The paper makes the case for a participatory, phased reform process that protects minority voices while doing away with discrimination in personal legislation. It concludes that the goal should be an inclusive civic framework that strikes a balance between India's pluralism and the equality and dignity guaranteed by the Constitution.306 views -
Role of Clinical Trial in Establishing Patentability for Cosmetics
Student at School of Excellence in Law, Chennai, IndiaPages 1894 - 1920The role of clinical trials in the patentability of cosmetics presents a critical intersection of regulatory requirements, scientific validation, and intellectual property law. This research explore how clinical trials influence the patenting process for cosmetic products, particularly focusing on the criteria of novelty, inventive step, safety and efficacy and the non-obviousness requirement. It aims to clarify the legal and procedural nuances that arise when clinical evidence is used to support patent claims, examining how such data can substantiate the uniqueness and effectiveness of a cosmetic product. A key focus of the study is the distinction between cosmetics and pharmaceuticals, which remains a complex and often contested area in patent law. While both categories may undergo clinical trials, the purposes and implications of these trials differ significantly. This research examines how clinical trial results impact the classification of a product as a cosmetic rather than a pharmaceutical, analyzing the implications for patent eligibility and scope of protection. It delves into the critical question of whether and how therapeutic effects, as revealed through clinical testing, can influence patent claims, potentially reclassifying a product into a pharmaceutical category with stricter patenting and regulatory requirements. The study further addresses the regional variations in clinical trial standards and their impact on patent strategies. By comparing regulatory frameworks in jurisdictions like the United States, European Union, and Asia. Such a comparative analysis highlights the strategic adjustments that companies may need to make to secure robust patent protection across multiple markets. By synthesizing legal doctrines, case law, and regulatory frameworks, this research identifies critical gaps in the current approach to integrating clinical trial data into the patenting process for cosmetics. The findings aim to guide stakeholders in the cosmetics industry—including innovators, legal practitioners, and policymakers—toward a more coherent understanding of the role of clinical trials in securing and defending patent rights, thereby fostering innovation and competitiveness in the global market.202 views -
Marital Rape: An Undefined Crime
Student at Symbiosis Law School, Hyderabad, IndiaPages 1921 - 1933India is a country where concerns about a woman's safety are brought up regularly. Ironically, it stands among the 36 countries that have not denounced conjugal assaults. Marital rape is one such heinous practice that has been widely prevailing across the nation for decades. It involves forced or nonconsensual sexual intercourse with one's legal spouse, especially women. In India, raping a spouse during a marriage isn’t a crime. Specifically, the ‘Indian Penal Code’ of 1860 does not recognize raping a spouse during a marriage as a crime. The magnitude of the issue continues to go unheard even though the fact that it violates Articles 14 and 21 of the Indian Constitution with thousands of petitions filed in court every day. The researcher, using a doctrinal approach, aims to bring to light the serious problem of marital rape of women. The research doubts the justification of a married man perpetrating such brutalities as a right of marriage. It also emphasises the meagre legal options for women whom their husbands have sexually abused. Moreover, the article analyses the present legal protections, pinpoints the shortcomings of the courts, and suggests measures for the criminalisation of marital rape in India.177 views -
Shield or Sword? An Inquiry into the Misuse of the Domestic Violence Act and its Socio-Legal Ramifications for Men
Assistant Professor at DD College Dehradun, IndiaPages 1934 - 1944The hallmarks of a civilised society are its laws which are designed to protect the vulnerable. But what if the very instrument of protection becomes the instrument of chaos and harassment? This possesses a real problem that is still unresolved. It has been seen that the very laws enacted to protect women are being misused by them to exploit men and to harass them. This leads to not only a legal challenge but a social challenge as well. The fact that cannot be ignored is that everyone experience violence in their lives, though the frequency of it may not be the same for all. The article attempts to examine the dual crisis of the protective laws, especially the “Protection of Women from Domestic Violence Act, 2005”. The research undertaken for this article reveals that there exist cases where false reports and complaints were filed to extort money or to exact revenge or cause any other kind of distress to innocent men. The article also analysis the societal factors and legislative loopholes that have systematically failed to protect men from abuse. The central theme of the article is that rights of every individual are equally important.352 views -
Educational Influences on E-Waste Management Practices and Compliance among Consumers in Tamil Nadu
LL.M. student at Chennai Dr. Ambedkar Government Law College, Pudupakkam, IndiaPages 1945 - 1978The growing use of electronic goods has made e-waste one of the major environmental challenges in India. Tamil Nadu, being one of the most industrialized states, generates a large share of this waste. To address the problem, the government introduced the E-Waste (Management) Rules, 2016 under the Environment Protection Act, 1986. These rules, implemented by the Tamil Nadu Pollution Control Board (TNPCB), place responsibilities on producers, consumers, dismantlers, and recyclers through the Extended Producer Responsibility (EPR) mechanism. In practice, however, a large part of e-waste is still handled by informal and unregulated systems, which creates serious risks to health and the environment. Despite the presence of extensive legislation such as the E-Waste Management Rules, 2016 and 2022, improper disposal practices and low public compliance continue to challenge effective e-waste management in Tamil Nadu. While education and awareness programs are widely regarded as key tools to influence sustainable behaviors, there remains a major gap in evaluating their actual impact on consumer knowledge, attitudes, and legal compliance. Preliminary observations indicate that consumers, even those with formal education, exhibit limited understanding of their responsibilities under the law, lack awareness of disposal infrastructure, and rely heavily on informal methods of disposal. This raises concerns about the effectiveness of existing educational interventions and the integration of environmental literacy into mainstream education and public discourse. The present study seeks to assess whether educational initiatives have meaningfully shaped consumer behavior toward e-waste management in Tamil Nadu, and whether there exists a need for more targeted or curriculum-embedded awareness strategies.220 views -
Pages 1979 - 1989Custodial violence remains an all pervading, insidious and even pervasive challenge to the rule of law, penological objective and human rights monuments enshrined in our Constitution as well as the International Conventions. Though we have a plethora of laws, judgments and policy measures to prevent and address these violations custodial torture, custodial deaths and other cruel treatment by the authorities continue to be reported. In this paper, we examine the legislations (both legislative and constitutional) governing custodial practices in India, significant judicial pronouncements on custody and statements of administrative policy that have contributed to shaping arrest and interrogation and sketch some recent trends in case law and policy which cast their shadow on present realities. The paper projects custodial violence as a symptom not merely of private criminality on the part of custodians but that which is the systemic failure of penological institutions and seeks to make out that intervention in it complains effective crystallization demands, doctrinaire clarity, procedural safeguards, autonomous investigatory circuits accountability systems and changes in the overarching metanarrative about what policing and detention means from punishment to human dignity. The article concludes with concrete recommendations for legislative change, adjudication, administrative action and civil society engagement.390 views
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Evolution of Legal Education Reforms in India: An Analysis of Commissions and Committees
LL.M. Student at SRM School of Law, SRM IST, TamilNadu, IndiaPages 1990 - 2000Legal education in India has evolved into a crucial mechanism for advancing justice, enforcing constitutional principles and consolidating democratic governance. Originally shaped by colonial procedures that emphasised procedural training for administrative functions, the discipline has undergone dramatic changes since India gained its independence to keep pace with the demands of an ever-changing, socially responsible and internationally connected legal world. Some of the major landmarks in the development are the Radhakrishnan Commission, the All-India Bar Committee and the 14th Law Commission, which all supported the concept of law being a social science. They focused on interdisciplinary methods and the inclusion of practical training in legal education. Additional reforms were prompted through the subsequent efforts of the R.M. Sahai Committee and the Justice Ahmadi Committee, which resulted in the creation of National Law Universities and five-year integrated law courses. Subsequent efforts, such as the UGC Curriculum Development Committee, the National Knowledge Commission and other policies and commissions emphasised experiential learning, online accessibility and international harmonisation. The recent reforms initiated by the Bar Council of India including the introduction of accreditation systems, recognition of online legal education and "One India One Legal Education Framework," signify a commitment to quality assurance and technological progress. As a whole, these initiatives represent the continued modernisation of Indian legal education so that it continues to be ethically justifiable, socially aware and internationally competitive in responding to the modern legal and societal challenges.636 views -
International Law and Juvenile Justice: A Critical Assessment of Cameroon’s Legal and Institutional Framework
Visiting Lecturer at Department of Public Law, Faculty of Law and Political Science, University of Bamenda, CameroonPages 2001 - 2024The protection of minors who have come into conflict with the law remains a central issue in the current international human rights debate. This article critically examines the extent to which Cameroon's legal and institutional framework in the area of juvenile justice complies with international standards set out in the Convention on the Rights of the Child (CRC) and related soft law instruments, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules). While the domestic legal system of Cameroon, in particular the Penal Code and the Criminal Procedure Code, recognises nuanced criminal responsibility and special treatment for minors, persistent structural deficiencies hinder effective realisation. These include the lack of specialised juvenile courts, the excessive use of pretrial detention, the detention of minors together with adults, inadequate rehabilitation facilities and limited access to legal counsel. Based on a dogmatic analysis of the relevant legislation, the article argues that Cameroon's incomplete adherence to international standards of juvenile justice reflects a twofold reality, namely a normative commitment to the protection of children and a systemic failure in institutional enforcement. Finally, the article draws on the case law of the European Court of Human Rights and the United Nations Committee on the Rights of the Child to propose a set of recommendations for reform.432 views -
A Jurisprudential Conflict: Harmonizing the Rights of Homebuyers under the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Insolvency and Bankruptcy Code (IBC), 2016
Research Scholar at Department of Law, Himachal Pradesh University, IndiaPages 2025 - 2033The Real Estate (Regulation and Development) Act, 2016 (RERA) and the Insolvency and Bankruptcy Code, 2016 (IBC) have transformed India’s regulatory and insolvency landscape. Both laws, though enacted in the same year, pursue distinct yet interconnected goals—RERA seeks to protect homebuyers and bring transparency to the real estate sector, while the IBC provides an efficient mechanism to resolve insolvency and bankruptcy. However, their simultaneous application has created legal friction and uncertainty, particularly when real estate developers face insolvency. Courts and policymakers have since attempted to balance the objectives of both laws through legislative amendments and judicial interpretation. Despite such efforts, homebuyers continue to face challenges in securing possession or refunds, as insolvency proceedings often override their claims. This paper examines the jurisprudential conflict between RERA and IBC, analyses legislative and judicial responses, and proposes a framework for harmonizing the rights of homebuyers within India’s evolving legal system.237 views -
Lost Authors, Trained Machines: Rethinking Copyright for Orphan Works in the Age of AI
Student at Narsee Monjee Institute of Management Studies, Mumbai, Maharashtra, IndiaPages 2034 - 2053In the age of artificial intelligence (AI), massive volumes of digital content including music, text, and images are being utilized to train generative models. Amongst these materials lie orphan works, those are copyrighted materials whose authors or right holders are untraceable despite a diligent search. The inclusion of such works in AI training datasets has sparked complex legal and ethical questions, particularly in India, where copyright law remains silent on the issue. This research paper investigates the little-researched niche of orphan works within the context of AI training in India and considered copyright law issues related to orphan works in AI, in particular. Although the EU and US have tried to develop limited schemes that allow for the lawful use of orphan works, India has yet to adopt any statutory recognition, licensing regime, or a safe harbor for the use of orphan works. The lack of statutory provision to facilitate the use of orphan works leaves developers in a legal quagmire, potentially jeopardizing innovative technologies and India’s ability to share its cultural heritage with the world. By combining doctrinal analysis and comparative legal research, this study traces the historical evolution of the orphan works and their conceptual tensions in copyright jurisprudence. It evaluates the current role of such works in AI training systems, where the lack of attribution and ownership metadata often results in their inadvertent use. The paper then explores best practices globally and identify key gaps in India’s legal framework for orphan works. Beyond the examination of legal framework, the paper raises critical questions: Should AI developers be permitted to use orphan works in training AI? Is their inclusion an act of exploitation, or can it be justified under innovation and public interest? The research ultimately calls for a nuanced Indian framework that equitably balances the rights of unknown creators and the imperatives of a modern context. It recommends a statutory model for the lawful use of orphan works for AI training and digital archiving purposes, founded on ethical and constitutional principles. As it does so, it proposes an ethics-based, pragmatic roadmap that connects copyright law with emerging technologies and a justice-based policy rationale.507 views -
Pages 2054 - 2065In December 2023, the Prime Minister of India declared that the new criminal laws would usher in an era of justice that is “citizen-centric, time-bound, and rooted in India’s own ethos”, while the Union Home Minister stressed that the reforms were designed to “ensure speedy trials, protect victims, and restore faith in the justice delivery system.” These statements reflect the official vision behind the enactment of the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), laws intended to replace the colonial framework with a modern, efficient, and rights-oriented criminal justice system. Central to this vision is the plight of undertrial prisoners (UTPs), who form nearly 77 % of India’s prison population and remain the most vulnerable group affected by prolonged incarceration, bail hurdles, and systemic delays. This paper critically examines whether the new laws meaningfully address these concerns or merely recodify existing procedures without altering entrenched realities. Drawing upon both doctrinal analysis and empirical fieldwork, the study evaluates how provisions such as Section 479 BNSS (successor to Section 436A CrPC), stricter timelines for investigation and trial, and the introduction of electronic procedures are likely to impact the lived experiences of UTPs. Based on field research conducted across seven district jails in Assam viz. Darrang, Dhubri, Dibrugarh, Jorhat, Guwahati, Goalpara, and Kokrajhar, and supported by detailed case studies of prisoners, the paper investigates whether these statutory promises translate into substantive relief on the ground. The findings reveal a persistent disjuncture between legislative intent and institutional practice. While the new laws emphasize speed and efficiency, socio-economic vulnerabilities, poor legal aid, ineffective Undertrial Review Committees, and administrative inertia continue to undermine the rights of UTPs. By situating Assam’s prison realities within the national reform discourse, this research underscores that the true test of the new criminal laws lies not in their codified ideals but in their capacity to reduce unjust incarceration and restore the dignity of undertrial prisoners.455 views
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Glory at Gunpoint: The Human Toll of the IOC and FIFA’s Pursuit of Perfection
Student at St. Joseph College of Law, IndiaPages 2066 - 2078Beneath the roar of stadiums and the blaze of celebration, silent tears water the foundations; the cost of glory measured not in gold, but in the heartbreak of lives uprooted and dreams erased. Families jolted awake by bulldozers at dawn. Workers collapsing from exhaustion under brutal, unyielding sun. Communities erased hopes, memories, and futures swept aside for shimmering stadiums and fleeting glory. This paper reveals the true cost of perfection in global sports, showing the IOC's and FIFA's ambitions are measured not in medals but in the suffering of everyday people living in the shadow of western sporting lives. Personal accounts of mothers forced to leave their children's childhood homes, and for fathers to risk their lives on construction sites, show how the spectacle of mega-events too often rests on the heartbreak and silence of others. The pursuit of enjoyment has left mourning in its wake: the silencing of protest, the struggling of cultural attachments, and the ongoing wounds of destabilized lives. Giving voice to those who remain, and addressing the failures of governance that allow the pain, this paper contributes to a new way of thinking about what success means for more than just the bench marks: A call for accountability, empathy, and justice for those who pay the hidden costs of forgettable sporting spectacles.183 views -
Human Rights and Globalization: Analyse the Paradox of Development and Displacement
LL.M. Student at Lovely Professional University, IndiaPages 2079 - 2098Globalization has emerged as both an opportunity and a challenge in the 21st century, reshaping economic, political, and cultural landscapes across the globe. On one hand, it accelerates economic growth, fosters technological innovation, and facilitates cultural exchange, thereby creating unprecedented avenues for human progress and international cooperation. On the other hand, globalization also produces displacement, marginalization, and widening inequalities, especially in societies where development is pursued through large-scale infrastructural and industrial projects. This paradox becomes particularly stark when modernization is celebrated as “progress,” yet its implementation results in the erosion of fundamental human rights such as livelihood, housing, cultural identity, and participation in development. The contradiction is most visible in the plight of indigenous and vulnerable communities, who are disproportionately affected by globalization-driven projects. From the displacement caused by the Sardar Sarovar Dam in India, to the exploitation of oil in Nigeria’s Niger Delta, to mining operations in Latin America, development initiatives often uproot populations in the name of national growth and global competitiveness. At the same time, globalization equips these communities with new tools of resistance, as transnational advocacy networks and human rights campaigns bring local struggles into the global arena. By analysing such case studies across continents, this paper seeks to demonstrate that globalization is not a unidimensional force but a contested terrain where development and displacement collide. It ultimately argues that a human right–based approach to development (HRBA), grounded in dignity, equality, and sustainability, is essential for reconciling the tension between economic growth and social justice, ensuring that globalization becomes a pathway to inclusive rather than exclusionary progress.341 views -
From Regulation to Prohibition: Rethinking the Promotion and Regulation of Online Gaming Act 2025
Student at Gautam Buddha University, IndiaPages 2099 - 2109The Promotion and Regulation of Online Gaming Act, 2025 represents a decisive policy shift in India’s digital regulatory landscape from fragmented state-level oversight to centralized prohibition of online money games. This article critically examines the Act’s legislative intent, structural design, economic implications, and constitutional vulnerabilities. It traces the evolution of online gaming from a legally ambiguous sector to one governed by comprehensive statutory control, abolishing the long-standing judicial distinction between games of skill and games of chance. While the Act aims to address concerns such as youth addiction, money laundering, and national security risks, it simultaneously dismantles an industry valued at ₹16,428 crore in FY23, jeopardizing over 200,000 jobs and deterring foreign investment. The establishment of a centralized Online Gaming Authority signals a move toward uniform governance; however, the blanket prohibition of monetized gaming raises challenges of enforceability, technological circumvention, and migration to unregulated markets. Comparative analysis with regulatory models in the United States, United Kingdom, and Australia reveals India’s position as an outlier embracing absolute prohibition over calibrated regulation. The paper argues that the 2025 Act, though well-intentioned, risks constitutional infirmities under Articles 14 and 19(1)(g) due to its overbroad classification and potential arbitrariness. It concludes that a more sustainable model would involve licensing, differentiated regulation, and transparent oversight mechanisms rather than prohibition. Such an approach would balance innovation, economic opportunity, and social protection ensuring that India’s rapidly evolving digital economy remains both secure and globally competitive.709 views -
Quasi-Federalism and Executive-Federalism: Evaluating India’s Checks and Balances in the Age of Strong Central Leadership
LL.M student at University Institute of Legal Studies, Chandigarh University, IndiaPages 2110 - 2125This paper examines how India’s quasi-federal structure operates under strong central leadership, focusing on the balance between constitutional authority and executive coordination. Using a doctrinal approach, it analyses constitutional provisions such as Articles 246, 248, and the Seventh Schedule alongside fiscal instruments under Articles 270, 275, and 279A to assess how central power is exercised without eroding State autonomy. The study highlights the role of executive federalism through intergovernmental bodies, conditional grants, and centrally sponsored schemes, supported by judicial oversight in cases like Kesavananda Bharati and S.R. Bommai. Comparative perspectives from the United States, Canada, and Australia provide additional insight into cooperative governance and fiscal balance. The paper concludes that effective federalism in India depends not on rigid division but on transparent, rule-based executive cooperation that ensures accountability while enabling national coordination and responsive governance.389 views -
Digital Services Tax: A Global Perspective in the Digital Entertainment and Media Economy
Student at Vellore Institute of Technology, Chennai, IndiaPages 2126 - 2135The global media landscape has been completely transformed with the emergence of digital entertainment and media platforms such as Facebook, Netflix, Amazon, and so on. They allow for the consumption of content across borders. Even though these businesses make a lot of money from global markets, selling advertising spaces and the sale of user data, they frequently pay little to no local taxes because of outdated tax laws. As a result, many governments have implemented Digital services taxes also known as DSTs, which are specifically aimed at such big digital firms that profit from high user engagement without paying the required taxes. This paper seeks to explore the increasing use of DSTs as a unilateral fiscal measure, focusing particularly on their need in the global entertainment and media industry. The paper examines how digital platforms find loopholes such as holding IP ownership and royalties in low-tax jurisdictions to minimize their tax liabilities. The European Union and India's Equalization Levy is also dealt with in this regard. The paper also covers the challenges faced by national governments in enforcing tax liability in the digital economy. It also dives into the OECD’s BEPS 2.0 Pillar 1 and Pillar 2 proposals, and examines whether they offer a reasonable solution for taxing the entertainment sector’s income. It further advocates for a uniform global framework to ensure platforms such as Facebook, Netflix, Spotify and so on, contribute proportionally to the economies and nations from which they derive their revenue to ensure fair tax liability.406 views -
Justice Beyond the Courts: Local Dispute Redressal Mechanism in India
PhD Scholar at Faculty of Public Administration, Indira Gandhi National Open University (IGNOU), IndiaPages 2136 - 2145Access to justice is essential for any society. The Constitution of India guarantees social, political, and economic justice for its citizens. Recently, formal institutions have faced two significant challenges: long delays in case resolution and growing backlogs. Since independence, various committees and commissions have emphasised the importance of local dispute resolution systems by examining their structure and functions. This study reviews secondary data on the historical evolution, status, and potential of these systems in modern justice administration. It concludes that these systems are highly effective in delivering quick, affordable justice and promoting local participation, which helps communities better understand laws.348 views -
Globalization and the Shaping of Global Lifestyles: An Analysis of Consumer Brands Apple, Amazon, and Nike
LL.M. Student at Lovely Professional University, Phagwara, IndiaPages 2146 - 2155This paper investigates the profound impact of globalization on the formation and homogenization of global lifestyles, specifically through an analysis of the strategies and cultural influence of three major multinational consumer brands: Apple, Amazon, and Nike. Utilizing a qualitative research design, this study examines how the global reach, marketing narratives, and product integration of these brands transcend national borders, creating shared consumption patterns and aspirational values that constitute a modern, globalized lifestyle. The analysis focuses on the interplay between their brand identities and local consumer cultures, revealing a process of 'glocalization' where globalized products are adapted to local contexts while simultaneously diffusing universal consumer expectations. Preliminary findings suggest that these brands act as powerful cultural intermediaries, standardizing technological engagement (Apple), commercial access (Amazon), and athletic/fashion aspirations (Nike). Ultimately, the research concludes that while globalization offers unprecedented consumer choice, it also drives a significant convergence in lifestyle choices and social stratification, as defined by allegiance to these dominant global brands. This phenomenon has critical implications for understanding contemporary identity, culture, and the future trajectory of consumerism in a rapidly interconnected world.388 views -
Gender Neutral Maintenance Law: Comparative Public Law Analysis
LL.M. student at Lovely Professional University, IndiaPages 2156 - 2171The topic of gender-neutral maintenance legislation is increasing in India due to the transformation in social roles and the provisions of such laws that promote inequality. The patriarchal societies provided women with more protection under maintenance law, and this has now excluded men and the LGBTQ+ community. Up-to-date academic literature concentrates on the problems of women and excludes the comparative analysis and coverage. These gaps will be filled in the present study that will analyze the current push by having a gender-neutral framework in India, just like the U.K. and U.S. We contrast academic and comparative statutory provisions in each country and analyze them by statistically reviewing requirements of the constitution and court judgments. Findings indicate that although there are cases in which gender-neutral court decisions in India have been made to either allow maintenance to daughters or to dismiss fanciful claims, the legal system is gendered. The UK and the US are less biased in gender, having legalized same-sex marriage, maintenance rights to all marital partners, and limited lifetime reliance to facilitate autonomy. This research pinpoints the Indian secular law provisions on both genders of males and females and those of the LGBTQ+ as lacking gender neutrality. The study is the only one that incorporates historical rationale, constitutional equality and comparative analysis to demonstrate urgency in the reforms. The research can be used to further research and reforms beyond the Uniform Civil Code although it can only be restricted to doctrinal and comparative studies.413 views -
Pages 2172 - 2189The proliferation of digital culture has radically recast how obscenity is regulated and policed in India. The fast pace of internet explosion and the influx in web-based content consumption today, has kept scores of obscenity porn affected online crimes out of bounds for law enforcement agencies. This paper deals with India’s changing legal regime regarding pornography in digital age, including a variety of substantive laws such as Information Technology Act 2000 (with all amended version till 2008), Bharatiya Nyaya Sanhita, 2023 and contributions from relevant courts. It also delves into the function performed by the Indecent Representation of Women (Prohibition) Act, 1986 and recent efforts such as The Digital Personal Data Protection Bill,2023 in content curation & responsibility. Through a new jurisprudence, state literature and comparative international experience I emphasise the ‘conflict’ of digital freedom, privacy and moral regulation. The paper ends with a call for the development of a harmonised and technologically-aware legal framework that would enable fundamental rights to be traded-off against the competing pressures of public decency and online security.640 views
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Pages 2190 - 2211The doctrine of harmonious construction plays a pivotal role in Indian constitutional interpretation, particularly when reconciling conflicts between fundamental rights or between rights and directive principles. Rooted in classical principles of statutory interpretation, this doctrine has evolved into a constitutional tool that enables courts to uphold the integrity of the Constitution while preserving its basic structure. This paper undertakes a purely doctrinal study of the application of harmonious construction in fundamental rights jurisprudence, tracing its evolution through landmark cases such as Champakam Dorairajan v. State of Madras, Kesavananda Bharati v. State of Kerala, and Minerva Mills v. Union of India. By analysing constitutional provisions, judicial reasoning, and scholarly commentary, it demonstrates how the doctrine has been used to mediate tensions between individual liberty and collective welfare, as well as to balance Parts III and IV of the Constitution. The study critiques the lack of uniformity in judicial application and the increasing reliance on judicial discretion, highlighting the need for a more structured framework to guide constitutional interpretation. Comparative insights from jurisdictions like the United States, United Kingdom, and European Union further emphasise the importance of doctrinal clarity. This research contributes to constitutional scholarship by advocating for a refined approach to harmonious construction, ensuring predictability, judicial restraint, and protection of rights in a pluralistic democracy.526 views
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Pages 2212 - 2233Medical negligence is an important issue in health law. It directly affects the rights, safety, and well-being of patients, while also impacting the responsibilities of healthcare providers. The study titled “Navigating the Legal Landscape of Medical Negligence: A Comparative Analysis of Civil and Criminal Remedies in Health Law” aims to explain how medical negligence is handled in both civil and criminal legal systems in India. Civil liability, governed by tort law and the Consumer Protection Act, focuses on compensating victims for damages from poor medical services. In contrast, criminal liability, according to Sections 304A and 337–338 of the Indian Penal Code, addresses penalties for serious negligence that results in harm or death. The study reviews landmark cases such as Jacob Mathew v. State of Punjab (2005) and Indian Medical Association v. V.P. Shantha (1995). It investigates judicial trends, the burden of proof, and the importance of expert testimony in defining negligence. The research also examines the difficulties victims face in getting justice. It highlights the conflict between protecting patients' rights and shielding medical professionals from baseless prosecution. By taking a comparative and analytical approach, the paper stresses the need for a fair legal system that ensures accountability, supports medical ethics, and upholds fairness and justice in healthcare delivery. The digital age has brought about a significant transformation in healthcare, with electronic health records (EHRs), telemedicine, and health data analytics becoming central to patient care and medical research. In India, this transition presents a complex interplay of opportunities and challenges, particularly concerning the privacy and confidentiality of sensitive health information. This paper examines the current legal and regulatory framework in India, analysing its effectiveness in protecting patient data. It delves into the ethical and practical issues arising from data digitization, including vulnerabilities to cyber threats, the potential for misuse of data, and the erosion of the traditional doctor-patient trust. Through a review of key legal precedents and recent legislative developments, this research highlights the existing gaps and proposes a comprehensive approach to fortifying health data privacy in the country.401 views
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Pages 2234 - 2240This paper explores how Catholicism has shaped the family law frameworks of the Philippines and East Timor—two predominantly Catholic nations in Southeast Asia with strikingly divergent legal approaches to marriage dissolution. The Philippines stands as the only country in the world, aside from the Vatican, that continues to prohibit divorce, reflecting an unwavering adherence to Catholic teachings on the sanctity and indissolubility of marriage. By contrast, East Timor, despite sharing similar religious roots, permits divorce under its Civil Code. This comparative study examines how these two nations, bound by faith but separated by history, interpret Catholic doctrine in relation to family law. Through a mixed-methods approach centered on qualitative and comparative legal analysis, this research investigates the historical, cultural, and judicial contexts that have influenced each country’s legal framework. The study reveals that the Philippines’ strict prohibition of divorce stems from its colonial legacy and deep entanglement with Catholic orthodoxy, leading to significant legal and social consequences, including restricted access to justice for individuals in irreparable marriages. East Timor’s approach, on the other hand, represents a pragmatic balance between religious principle and social necessity, allowing divorce to coexist with Catholic values through cultural flexibility and a human rights–based interpretation of family law. Ultimately, the findings underscore that religion’s role in shaping law is neither monolithic nor immutable. While Catholicism remains a defining moral compass in both countries, the divergence in their family law systems illustrates the dynamic interplay between tradition, sovereignty, and evolving social realities.1,026 views
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Exploring Legal Challenges in E-Commerce and Consumer Protection
Associate Professor at Oriental University, Indore, IndiaPages 2241 - 2250There has been a dynamic change in trade with the development of e-commerce, which has given rise to many challenges for the legal system. E-commerce goes beyond traditional business boundaries and significantly alters how global trade functions. This paper examines some of the key issues in e-commerce including governance, data protection, intellectual property and trade facilitation, with a focus on consumer protection in the digital marketplace. It also emphasis on security and privacy concerns, such as data breaches, phishing, and payment system vulnerabilities, and analyses their impact on businesses and consumers. The practical recommendations, exploring emerging technologies and innovative cybersecurity strategies are taken in to account to promote e-commerce platforms and safeguard users in the digital environment. The paper further explores the consumer protection legislation in the e-commerce environment through analysing the national regulations, the mechanisms of enforcement, and the role of regulatory authorities in dealing with fraud, a lack of product transparency and consumer privacy, with an aim to better protect consumer. Online shopping offers a wide range of choices for both manufacturers and consumer which attracts a large number of consumers globally. There are numerous advantages for e commerce which includes lower price, easy returns, better customer services, and helps the customers to easily compare the goods offered in different ecommerce platforms. Even though there are many advantages, many online shoppers fall as a victim for false or misleading advertisements, defective products, counterfeit deliveries, unsafe items, payment issues, security and privacy breaches. In India, laws are existing to address these challenges but it fails in Navigating Legal Challenges in E-Commerce and Consumer This paper examines whether current national laws are adequate to protect consumers in the context of modern commercial transactions.277 views -
Pages 2251 - 2264The study investigates the persistent tension between protection of reputation and freedom of expression within Indonesia’s defamation laws. Despite constitutional guarantees under Articles 28E and 28F of the 1945 Constitution, the continued criminalization of defamation particularly under the Criminal Code, Civil Code, and Electronic Information and Transactions (ITE) Law of 2008 has raised serious concerns about misuse, vagueness, and disproportionate sanctions that threaten democratic discourse and press freedom. The primary aim of this research is to critically appraise Indonesia’s defamation framework through a justice-based lens, assessing whether current laws align with principles of fairness, proportionality, and human rights. The study also seeks to propose reforms that harmonize the protection of individual dignity with the constitutional right to free expression, both offline and online. Using a qualitative normative legal method, the study analyzes statutory provisions, court decisions, and academic literature to evaluate how defamation laws function in theory and practice. The research draws on a doctrinal and comparative approach, examining Indonesia’s legal instruments alongside international human rights norms and best practices. The findings indicate that Indonesia’s defamation regime remains punitive and outdated, heavily influenced by colonial-era legal traditions. The broad and ambiguous wording of defamation and insult provisions under the Criminal Code and ITE Law enables selective enforcement and potential political misuse. These structural weaknesses have produced a chilling effect on media freedom, public criticism, and civic engagement, revealing a legal imbalance between state control and citizen rights. The study concludes that Indonesia’s defamation framework requires comprehensive reform to ensure justice-based compliance. Recommended measures include decriminalizing defamation, clarifying statutory definitions, limiting pretrial detention for speech-related offenses, and strengthening procedural safeguards to prevent abuse.231 views
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Reimagining Patient Rights in a Digital and Divided World: A Multidimensional Legal Inquiry
Student at Chettinad School of Law, Chettinad Academy of Research and Education, Kelambakkam, IndiaPages 2265 - 2281The protection of patient dignity and autonomy forms the cornerstone of a just healthcare system. In India, the recognition of patients’ rights has evolved from moral discourse to a constitutional and legal imperative. This paper presents a multidimensional study of patients’ rights through four core dimensions: ethical foundations, technological transformation, social equity, and legal enforcement. The first dimension traces the journey from compassion to codification, examining how moral and philosophical ideals rooted in Kantian respect for persons and bioethical principles of consent, beneficence, and non-maleficence—have shaped the jurisprudential understanding of patient dignity under Articles 14, 19, and 21 of the Indian Constitution. The second explores the emergence of the digital dignity paradigm, analysing how telemedicine, artificial intelligence, and electronic health data systems have redefined privacy, consent, and accountability. It highlights the regulatory challenges posed by digital health innovations in light of the Digital Personal Data Protection Act, 2023 and the GDPR framework. The third dimension addresses intersectional inequalities that continue to obstruct equal realization of patients’ rights among women, rural populations, Dalits, persons with disabilities, and LGBTQ+ individuals. It underscores how systemic discrimination erodes both dignity and access to care. The final dimension moves from rights to remedies, proposing enforceable models such as an independent Patient Rights Commission or Healthcare Ombudsman, drawing insights from the UK’s NHS Charter and WHO Patients’ Rights Framework. Through this integrated analysis, the paper argues that protecting patients’ rights requires an ethically grounded, technologically responsive, socially inclusive, and legally enforceable approach, where dignity is not only recognized in law but genuinely realized in practice.287 views -
POCSO Act: Challenge or Blessing to the Children?
Advocate at District and Sessions Court, Mehsana and Gujarat High Court, IndiaPages 2282 - 2297The Protection of Children from Sexual Offences (POCSO) Act, 2012, stands as a cornerstone in India’s legislative framework to protect children from sexual abuse, exploitation, and harassment. Conceived as a gender-neutral and child-centric law, it aims to create safe mechanisms for reporting, investigation, and speedy trial through Special Courts. Yet, over a decade after its enactment, India continues to grapple with systemic bottlenecks—judicial delays, uneven conviction rates, capacity constraints, and the complex issue of adolescent consent. This paper examines whether the POCSO Act functions as a blessing that empowers victims and strengthens child rights, or as a challenge that, through misuse or rigid implementation, sometimes harms the very children it aims to protect. Using data from NCRB, Parliamentary replies, and case studies from Gujarat, the paper assesses the Act’s operational impact, societal implications, and landmark judicial interpretations. It concludes that while the POCSO Act is indispensable in protecting child victims and institutionalizing child-friendly justice, its application must evolve to accommodate the realities of adolescent relationships, digital-age offences, and systemic resource limitations.228 views -
Life Imprisonment as the New Death Penalty: A Critical Analysis of India’s Sentencing Trends
Student at KIIT School of Law, IndiaPages 2298 - 2314Overuse of life imprisonment and rarity of death penalty has been a highly dubious issue. In Bachan Singh v. State of Punjab, 1980 the principle that death penalty should be imposed in rarest of rare cases was established. The question that creeped in was that whether in future this would lead to the total abolishment of the capital punishment and give rise to overuse of life imprisonment. The issue evolves in various dimensions and that is what we are going to explore. The evolution of capital punishment and it is seen as a compensation in proportion to the crime committed towards the victim. It is seen as justice to the victim as in Mukesh and Another v. State for NCT of Delhi and others, 2012 four of the accused were hanged in 2020 in Tihar jail. Moving ahead we will look into the current situation regarding this issue. We will explore the reasons behind the declining and rarity of capital punishment and that there are also situations of wrongful convictions, deterrence and ethical implications of taking life. Further, potential consequences of overuse of life imprisonment and how it has deteriorated the living conditions in various jails in India and the possibility of rehabilitation being overlooked. We will explore a few points as to resort to consideration of alternative approaches.263 views -
Pages 2315 - 2329The way disputes are settled in cross-border transactions is being drastically changed by artificial intelligence (AI), which is transforming international arbitration. In order to guarantee the equitable and effective settlement of disputes, arbitration has historically been a human-driven procedure that depends on arbitrators, attorneys, and administrative staff. However, international arbitration is changing from being entirely human-led to one in which robots play a bigger role as a result of the introduction of AI-driven technology. From case administration and legal research to decision-making support, artificial intelligence (AI) tools including machine learning, natural language processing (NLP), predictive analytics, and automated legal reasoning are being incorporated into arbitration at different phases. This article examines how artificial intelligence (AI) is revolutionizing international arbitration, weighing the advantages and difficulties of its application. AI's ability to increase efficiency and lower the time and expenses involved in dispute resolution is one of its main benefits in international arbitration. Processes are streamlined by AI-assisted mechanism that automate legal research, contract analysis, and document inspection. Based on previous instances, predictive analytics can help parties determine the expected result of arbitration, guiding strategic choices and promoting early settlements. Particularly in cases involving various jurisdictions and languages, AI-driven transcription and translation services also help to make arbitration processes more affordable and accessible. The ability of AI to lessen human biases in decision-making is another important advantage in arbitration. Despite their experience and education, human arbitrators are prone to cognitive biases that might unintentionally affect their decisions. AI can provide more objective evaluations by depending only on factual facts and legal concepts after being taught on extensive and objective data sets. AI-enhanced case management solutions also guarantee procedural consistency, which lowers the likelihood of procedural errors that might cause enforcement issues. Notwithstanding these benefits, there are a number of difficulties and moral dilemmas with using AI in arbitration. The explainability and openness of AI-driven choices are among the most urgent issues. Deep learning-based AI systems, in particular, function as "black boxes," making it challenging for stakeholders to comprehend how a specific result was arrived at. Because parties may find it difficult to contest AI-assisted choices without a clear justification, this lack of transparency raises questions regarding due process and accountability. Additionally, care must be taken to prevent AI from reinforcing preexisting prejudices in arbitration. Artificial intelligence (AI) systems may reinforce rather than eradicate discriminatory practices in legal decision-making if they are educated on biased or insufficient data sets. With concerns about data privacy, the legality of AI-generated judgments, and responsibility in situations where AI leads to unfair or incorrect results, the legal and regulatory framework controlling AI usage in arbitration is likewise still in its infancy. AI in international arbitration is probably going to follow a hybrid approach in the future, where it will support human arbitrators rather than take their place. To achieve responsible AI implementation, regulatory agencies and arbitration organizations will need to create legal frameworks and ethical standards. Even though AI can streamline arbitration procedures, human supervision is still necessary to preserve the system's validity, fairness, and public confidence. AI will probably play a bigger part in arbitration as it develops further, opening the door to a more effective and convenient method of resolving disputes while upholding the fundamentals of fairness and due process.355 views
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Pages 2330 - 2344Women’s safety remains a pressing socio-legal concern in India, despite constitutional guarantees and statutory protections. Laws such as the Bharatiya Nyaya Sanhita provisions, the Protection of Women from Domestic Violence Act, and the Sexual Harassment of Women at Workplace Act aim to safeguard women’s rights, yet gender-based violence continues to persist. This research titled “Women’s Safety: A Question of Legal Systematic Failure with Respect to Thoothukudi District” adopts a non-doctrinal research methodology to assess the effectiveness of existing legal mechanisms. The study is based on 70 respondents from varied social and economic backgrounds. Data was collected through a structured questionnaire, and secondary sources such as statutes, government reports, and scholarly articles were also used for analysis. The findings indicate that while awareness of women-centric laws is relatively high, many respondents remain unaware of reporting mechanisms and doubt the efficiency of the legal system. Factors like judicial delay, ineffective law enforcement, and social barriers contribute to persistent insecurity. The study concludes that mere legal provisions are inadequate without robust implementation, gender-sensitive reforms, and institutional accountability.214 views
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Data Protection and the Illusion of Consent: Rethinking Privacy & Free Speech in the Age of Algorithms
Student at Government New Law College, Indore, M.P., IndiaPages 2345 - 2355Traditional concepts place consent at its core, which are actually insufficient in modern algorithmic age. Modern digital ecosystems demand continuous and extensive processing of the data while often undermining the right of privacy and free speech of the society in the digital space. The consent rather than being mere formality must embody autonomy, contrary to which the current legal system is flawed enough which creates a constitutional vacuum, allowing both the State and private institutions to operate within the illusion of lawful consent. This paper critically examines the illusion of consent, within India’s data protection regime, particularly under Digital Personal Data Protection Act, 2023. While analysing the depth of Article 19(1)(a) and Article 21 of Constitution of India which also aligns with the judgements such as K.S. Puttaswamy v. Union of India and Anuradha Bhasin v. Union of India and by comparing India’s approach with the EU’s GDPR’s framework, the study identifies the lack of algorithmic profiling and absence of robust oversight in the structural framework. It concludes that the Privacy and free speech could ultimately be rethought as per the constitutional standards of autonomy, proportionality and proper oversight.304 views -
Illegal Riverbed Mining and Organised Crime: A Nexus Between Resource Exploitation and Environmental Degradation
Student at Raiganj University, West Bengal, IndiaPages 2356 - 2364One of India's most urgent environmental and governance issues is illegal riverbed mining, which is a complicated confluence of organized crime, resource exploitation, and official failure. This study examines the relationship between organized crime groups and illicit riverbed mining, examining how the uncontrolled removal of sand and gravel from riverbeds damages ecosystems and feeds violent and corrupt regimes. Using a doctrinal and socio-legal approach, the study looks at the laws that currently regulate riverbed mining, such as the Mines and Minerals (Development and Regulation) Act of 1957, the Environment (Protection) Act of 1986, and significant rulings from the National Green Tribunal and the Supreme Court. It also looks at the sociopolitical factors that allow "sand mafias" to continue operating in spite of legislative actions and judicial activity. According to the research, the illicit sand trade has evolved into a type of organized environmental crime that is intricately linked to local governance systems and political patronage. In order to break up the criminal networks supporting illicit mining and restore ecological justice in India's riverine systems, the report ends by suggesting integrated reforms including digital monitoring, interagency cooperation, and community-based enforcement.326 views