Issue Archive · Open Access
Volume VIII – Issue VI / 2025
Articles · 82
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The Construction of Arbitration Clauses in Standard Form Contracts: Doctrinal and Judicial Perspectives
Associate Professor (on Deputation) at Institute of Management in Government, Regional Centre, Kochi, Kerala, IndiaPages 01 - 12The Arbitration and Conciliation Act, 1996, marks a pivotal reform in India’s dispute resolution framework by providing a modern, unified, and efficient mechanism for arbitration. It reinforces party autonomy, procedural flexibility, and enforceability of arbitral awards, thereby strengthening confidence in alternative dispute resolution. However, in the realm of mass contracting, where standard form or adhesion contracts predominate, the traditional notion of freely negotiated consent becomes largely theoretical. Such contracts, common in sectors like banking, insurance, transport, and digital services, impose pre-drafted terms on consumers with little or no scope for negotiation, raising concerns of fairness and voluntariness. The construction and enforceability of arbitration clauses in these contracts pose complex doctrinal and interpretative challenges. Courts are often called upon to determine whether an arbitration agreement embedded within a standard form contract truly reflects the consent of the parties or whether it is the result of unequal bargaining power. The judiciary has, therefore, developed interpretative principles to balance the efficiency of arbitration with the protection of weaker parties, scrutinizing clauses that are ambiguous, unconscionable, or contrary to public policy. This article critically analyses the judicial approaches adopted in interpreting arbitration clauses within standard form contracts, drawing upon Indian precedents under the Arbitration and Conciliation Act, 1996. It examines how courts reconcile the tension between contractual autonomy and substantive fairness, particularly in light of the doctrines of unconscionability and reasonableness. The discussion highlights that a nuanced judicial construction, anchored in equity, transparency, and genuine consent, is essential to uphold the legitimacy of arbitration as a fair and voluntary dispute resolution mechanism in standardized contracting.320 views -
Socio-Legal Profile of Women empowerment in Tripura
Assistant Professor at ICFAI Law School, ICFAI University, Tripura, IndiaPages 13 - 26Women’s position in a society establishes the enrichment and level of development in a community. A civilization's development is demonstrated by each and every one of a woman's rights and dignity. In North-East India, several tribal clans have their own biases against their own women. Both Bengalee and tribal women make up the female population in Tripura. Though the society is a combination of matrilocal and patriarchal culture but women do not very open access to socio-political rights. The main objective of this research is to find out the evolution and contemporary status of women in Tripura's rural and urban areas.266 views -
A Creditor’s Gamble? An Appraisal of Creditor Protection in Liquidation Proceedings in Ghana
Lecturer at GIMPA Law School, GhanaPages 27 - 48This paper assesses Ghana’s insolvency regime and the extent to which it protect creditors during winding-up. It argues that Ghana’s insolvency framework constitutes a calculated gamble on the final distributional outcome in liquidation proceedings, deprioritising creditors’ interests. For secured creditors, the traditional efficacy of security is less evident under the Corporate Insolvency and Restructuring Act 2020 (Act 1015), as the Act not only diminishes the potential value of the security but fundamentally alters its legal character. Likewise, for unsecured creditors, the pari passu distribution regime under Act 1015 is less promising. Indeed, pre-liquidation procedures such as the statutory moratorium in administration and the implementation of restructuring agreements do not merely delay enforcement; they actively subordinate pre-insolvency private bargains to a new, collective, public policy objective. These mechanisms, therefore, can actively diminish the asset pool and disrupt the established hierarchy of claims that would otherwise prevail in a straightforward winding-up. Further, the value of the distributable estate is diminished through the erosion of priority by statutory preferential debts, the existence of quasi-security interests, and the pre-liquidation conduct of directors, whose actions in the “twilight zone” of insolvency can dissipate assets through voidable transactions. Ultimately, the paper contends that Act 1015 fails to strike a fair balance between its competing policy objectives and creditor protection, thus disproportionately shifting the economic risk of corporate failure onto creditors, thereby making their recovery in liquidation an increasingly precarious and unpredictable venture.349 views -
POSH Act 2013: A Pillar for Human Rights at the Workplace – A Critical Analysis
Assistant Professor of Law at Surendranath Law College, Kolkata, West Bengal, IndiaPages 49 - 62The POSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was implemented in India with the goals of preventing sexual harassment at work and creating efficient grievance procedures. This legislation is important because it is the first specific legal framework in India designed to protect women from this sort of misconduct, and it is notable worldwide for emphasizing the rights of female employees. An important piece of law designed to fight sexual harassment in India is the Prevention of Sexual Harassment Act, 2013.This analysis highlights issues and weaknesses in the current framework while examining how well the Act protects human rights in workplaces and higher education institutions. Studies show that although the POSH legislation's impact-based approach disregards the General Principles of Criminal Law, the court rulings that support the reasonable person, quid pro quo, modesty, and decency tests aim to promote confidence in decision-making even in the face of exemption. Even with this gender-biased legislation, we are able to achieve balance because to the progressive interpretation of the statute. Using a doctrinal perspective, the study examines current Act-related laws, rules, and regulations. The results highlight the necessity of tackling sexual harassment holistically, which includes modifying policies, altering cultural norms, and providing more assistance to victims. The research offers suggestions for improving the Act's implementation, encouraging an atmosphere of safety and inclusivity for everyone in higher education institutions, and cultivating a culture of respect and accountability.323 views -
Access to Economic and Socio-Legal Rights in Rural Tripura: Issues and Realities
Assistant Professor at Techno India University Tripura, IndiaPages 63 - 86The social, legal and economic entitlement of human being are vital for a thriving society because they are interrelated and influence the crucial aspects of life, including economic empowerment , social well-being and legal protection leading to overall development and security. Since economic rights have a social basis, and social rights have an economic basis, both classifications are considered of equal importance and interdependent. Moreover social and legal aspects are also interrelated as social development is incomplete without proper protection of legal rights. Abundance of these life lines is very much needed for creating an equitable society. Thus the concept of Socio-legal and Economic justice consists of implementation of diverse principles essential for the development of every citizen as a whole.171 views -
The Conceptual Foundations and Categories of Intellectual Property Rights: A Comprehensive Analysis
Student at North Eastern Hill University, IndiaPages 87 - 103Intellectual Property Rights (IPR) constitute a cornerstone of the modern knowledge-based economy, providing legal protection to the creations of the human mind, including inventions, literary and artistic works, designs, trademarks, and trade secrets. This paper presents a comprehensive analysis of the nature, theoretical foundations, and classification of IPR, exploring how these rights incentivize innovation, foster creativity, and balance private interests with public welfare. It examines the hybrid nature of IPR—as both property-like and statutory rights—highlighting key principles such as territoriality, national treatment, and exhaustion, alongside economic, moral, and legal justifications. The research further categorizes IPR into copyrights, patents, trademarks, industrial designs, geographical indications, trade secrets, plant variety protection, and layout-designs of integrated circuits, illustrating their distinct characteristics, statutory frameworks, and practical applications. Additionally, the paper addresses contemporary challenges in IPR protection, including enforcement difficulties, cross-border disputes, digital piracy, and the legal implications of emerging technologies such as artificial intelligence and biotechnology. By integrating national and international perspectives, this study underscores the evolving role of IPR in promoting innovation while maintaining equitable access to knowledge and cultural resources. The paper concludes that effective IPR regimes require a dynamic balance between incentivizing creators and safeguarding societal interests, ensuring that intellectual property continues to drive economic, technological, and cultural development.323 views -
Authorship and Patentability of AI Generated Inventions: Rethinking the Human Requirement in IP Law
Student at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh, IndiaPages 104 - 118Artificial intelligence now materially contributes to inventive activity in fields such as drug discovery, advanced materials, and control systems, yet most patent regimes still tie inventorship to natural personhood, creating friction between doctrine and practice. This paper asks whether and how patent law should accommodate AI-generated and AI-assisted inventions without extending legal personality to machines. Using a doctrinal and comparative approach across the United Kingdom, United States, European Union, and India, it examines recent jurisprudence and administrative practice that reject naming AI as an inventor while permitting patents where a human meets the conception threshold and demonstrably integrates AI outputs into the claimed solution. The analysis situates national trends within ongoing multilateral discussions on disclosure, enablement, and entitlement, focusing on mechanisms that improve public notice and reproducibility when AI plays a substantive role. Building on accountability and incentive rationales, the paper proposes a hybrid inventorship framework that preserves human inventorship, mandates calibrated disclosure of AI’s contributions across problem framing, output selection, and validation, and allocates default rights to the human organizer or controller of the AI-enabled inventive process. This approach aims to deter under‑disclosure, reduce forum shopping, and stabilize ownership chains, while maintaining administrability and respecting legitimate confidentiality for proprietary models beyond what enablement requires. The conclusion contends that harmonized soft‑law tools and model provisions can deliver near‑term convergence under existing treaties, preparing the ground for targeted statutory refinements as AI capabilities and industry practice evolve.333 views -
Through the Lens of Legality Evolution of Fiscal Federalism in India
LL.M. student at Symbiosis Law School, Pune, IndiaPages 119 - 133Indian federalism is a judicious balance of power between the Union and the States, as provided in the Seventh Schedule of the Constitution in the Union, State, and Concurrent Lists. It was through the Government of India Act, 1935, that the federal concept was introduced for the first time, an important shift from the previous unitary system. The Indian Constitution framers converted this colonial model into a cooperative federation that guarantees both regional autonomy and national unity. Under this constitutional setup, fiscal federalism—a concept popularised by Richard Musgrave in 1959—takes on cardinal significance by regulating the financial relationships and revenue-sharing arrangements between different levels of governments. This article critically reviews India’s constitutional and judicial development of fiscal federalism in a doctrinal and comparative perspective. It assesses how provisions of the Constitution, Finance Commissions, and judicial decisions have influenced Centre–State fiscal relations over time. The research also weighs the benefits of fiscal decentralisation—such as responsiveness to local diversity, administrative efficiency, and innovation—against its intrinsic challenges, including fiscal imbalance, limited accountability, and capacity constraints at the subnational level. Casting a comparative view from the US, the study showcases the similarities and differences between two different federal traditions. With qualitative and analytical analysis, the study examines if India’s fiscal federal model can successfully balance state autonomy and national unity. It also discusses how judicial intervention and institutional design have reordered intergovernmental financial relationships, especially in the context of the Goods and Services Tax (GST) regime. Finally, the paper concludes that India’s fiscal federalism is still a developing and adaptive concept—one that continuously tries to reconcile equity, efficiency, and unity within the intricate framework of cooperative federalism.514 views -
Right to Speedy Trial under Indian Constitution: An Analysis
Assistant Professor at VISTAS, Chennai, IndiaPages 134 - 139The Indian Constitution's Article 21 recognizes the right to a speedy trial as a basic right. A person's "Right to Life and Personal Liberty" is severely impacted by a delayed trial because, in a number of rulings, the Supreme Court ruled that a speedy trial is a component of Article 21 of the Constitution's "Right to Life and Personal Liberty." The purpose of each article was to broaden the range of rights that the preceding articles secured, not to restrict them. Many of the Fundamental Rights listed in Part III of the Constitution contained areas of exception, and no single item alone constituted a comprehensive framework. In this instance, the court determined that the golden triangle between Articles 14, 19, and 21 supports each other. However, the mandate of Article 21 can never be fulfilled by just prescribing a procedure. The legal process must be logical, fair, and just—not irrational, repressive, or capricious.477 views -
Political Pressure and the Independence of the ICC
Student at KIIT School of Law, IndiaPages 140 - 149This paper aims to examine the independence of the judiciary and its officers, beginning with a brief history of the importance of judicial independence in ancient India, then moving to modern international law, tracing its journey from the Nuremberg trial to present day International Criminal Court the paper has examined various laws from where the concept of independency of the judiciary flows; the statues such as “Universal Declaration of Human Right”. , “International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights” , Code of Judicial Ethics and Basic Principles on the Independence of the Judiciary , focusing on the various laws that ensure and guide judicial independence at the International Criminal Court. The paper has also examined the challenges faced by the Court and its staff, the government's interference in the Court's work, the limited recognition of the Court, and local/domestic hurdles in gathering evidence, securing witnesses, and protecting the interests of victims. Finally, the paper establishes whether the Court, which has the jurisdiction to try and punish individuals for committing atrocities such as war crimes, genocide, crimes against humanity, and crimes against aggression, is really an independent institution or not. What are the factors that have affected its independence, and is there a way forward?404 views -
Medical Consent and Criminal Liability in High-Risk Surgeries: The Legal Advocate’s Role
Advocate at Punjab and Haryana High Court, IndiaPages 150 - 173This research explores how informed consent can increase criminal accountability in hazardous surgical procedures in India, and outlines the preventive and litigation duties of lawyers. Additionally, By using a theoretical doctrinal approach, the paper examines constitutional guarantees under Article 21, penal thresholds (including IPC Section 304A now Bharatiya Nyaya Sanhita Section 104), procedural protections like CrPC Section 438 and inherent powers under Section 484/BNSS equivalents, regulatory responsibilities under the National Medical Commission Act and Code of Medical Ethics, evidentiary reforms under the Consumer Protection Act, 2019, and consumer-law remedies under these regulations. It demonstrates that clinical uncertainty in complex surgeries becomes a legal matter when disclosure, capacity assessment, and contemporaneous documentation are inadequate. Furthermore, it indicates that most unfavorable outcomes are civil or regulatory matters unless evidence indicates gross or reckless departure warranting criminal sanction. Specifically, the paper presents advocates who believe that such measures as institutionalised consent SOPs, forensic-grade record preservation, early procedural interventions (anticipatory bail and quelling proceedings), calibrated pre-prosecution medical triage, and mediation/ADR pathways can help reduce avoidable criminalisation. By emphasizing statutory literacy and practical templates, the study seeks to preserve patient autonomy while maintaining a legal framework that allows for accountable, evidence-based clinical judgment without excessive fear of punishment.340 views -
Alternative Dispute Resolution and Regulatory Conflicts in Tanzania’s Communications Sector: Emerging Challenges and Pathways for Reform
LL.M. Candidate (Alternative Dispute Resolution) at Dar es Salaam Tumaini University, TanzaniaPages 174 - 192This article analyses the dynamics of regulatory conflicts within Tanzania’s communications sector and evaluates the efficacy of Alternative Dispute Resolution (ADR) as a mechanism for enhancing fairness, efficiency, and stakeholder confidence in dispute settlement. Anchored in the Regulatory Theory and the Access to Justice Theory, the study adopts a qualitative approach combining documentary analysis with semi-structured interviews involving telecommunications operators, broadcasting firms, online content providers, and officials of the Tanzania Communications Regulatory Authority (TCRA). The findings reveal that although Tanzania’s legal framework nominally recognises ADR, it lacks comprehensive statutory procedures, binding timelines, and enforcement mechanisms. Institutional weaknesses are evident within the TCRA’s Complaints Committee, which functions primarily as an investigative unit without sufficient autonomy, jurisdictional clarity, or professional expertise in ADR practice. Broader systemic issues—particularly consumer vulnerability, information asymmetry, and high litigation costs—further inhibit effective resolution of disputes. Nevertheless, respondents expressed strong support for reform. They advocated the establishment of an independent ADR unit within TCRA, the enactment of detailed procedural rules, and the strengthening of enforcement mechanisms. Comparative experiences from Ofcom (UK), ICASA (South Africa), and TDSAT (India) illustrate that institutionalising ADR within regulatory frameworks promotes legitimacy, reduces litigation, and improves access to justice. The article concludes that embedding ADR into Tanzania’s communications regulatory architecture is both imperative and timely to achieve a transparent, equitable, and consumer-responsive system.295 views -
Social Media Impact on Freedom of Speech and Expression
Research Scholar at The Department of Laws, Bhagat Phool Singh Mahila Vishwavidyalaya, Sonepat, Haryana, IndiaPages 193 - 204The right to freedom of speech and expression, enshrined in Article 19(1)(a) of the Indian Constitution, forms the cornerstone of a democratic society. With the rapid proliferation of social media platforms such as Facebook, Twitter, and Instagram, this fundamental right has acquired new dimensions and challenges. Social media has revolutionized communication by democratizing public discourse and amplifying individual voices, but it has also blurred the line between legitimate criticism and perceived threats to national integrity. This paper critically examines the dual impact of social media on freedom of speech and expression in India—its empowering potential as well as its misuse leading to cybercrimes, defamation, privacy violations, and hate speech. Judicial perspectives, including landmark cases such as Anuradha Bhasin v. Union of India and Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal, are analyzed to explore the balance between free expression and reasonable restrictions under Article 19(2). The study also highlights the striking down of Section 66A of the Information Technology Act as a significant reaffirmation of digital freedom. Furthermore, it discusses privacy concerns and the need for responsible government regulation rather than censorship. Through doctrinal analysis and case-based discussion, the paper concludes that while social media enhances democratic participation, effective regulation grounded in constitutional values is essential to safeguard both free speech and societal harmony.1,298 views -
An Analysis of Women’s Inheritance Rights in Light of the Hindu Succession Act
Assistant Professor at School of Legal Studies, CMR University, Bengaluru, IndiaPages 205 - 210Women were deprived of the inheritance of the ancestral property but the Hindu Succession Act, 1956 which was a landmark legislation gave women legal recognition in matters of property and inheritance. However, the Act originally gave sons and daughters unequal rights in ancestral property, reflecting the deep-rooted patriarchy of Indian society. Over the years, amendments and judicial decisions have played a key role in strengthening women’s inheritance rights. The most important reform came through the Hindu Succession (Amendment) Act, 2005, which granted daughters equal coparcenary rights in joint family property. Despite these reforms, women still face challenges in claiming their rightful inheritance due to social stigma, lack of awareness, and resistance from family members. This paper discusses all those changes that were brought through the amendments in India, explains all the landmark judgements which helped in amendments and also all the challenges that women still face in inheriting the ancestral property.468 views -
Sustainable Culture, Sustainable Deals: Legal Dimensions of ESG-Driven Change Management in M&As
LLM (CCL) student at CHRIST (Deemed to be University), Bengaluru, IndiaPages 211 - 224The Mergers and Acquisitions (M&A) landscape in the world is changing fundamentally, as the Environmental, Social, and Governance (ESG) principles are shedding their peripheral issue status and becoming central strategy points. This article claims that the growth of divergent ESG legal regimes over major jurisdictions, in particular, the European Union (EU), the United Kingdom (UK), the United States (US), and India, is radically transforming the nature of M&A by making PMI a multi-faceted endeavour in socio-legal compliance and cultural change management. This study indicates how ESG requirements are offering a concrete, enforceable set of laws of what previously was an amorphous idea of cultural fit, a notorious source of M&A failure. The comparative analysis shows that there is a large range of regulatory systems, including the prescriptive and value chain-oriented system of the EU regulation that establishes extensive extraterritorial obligations, to the more disjointed and politically disputable system in the US that produces much legal uncertainty. The key player in this new paradigm is the board of directors, which is expected to find a way to manoeuvre these complicated legal requirements and focus on the human-centric nature of integration. The paper concludes that it is no longer possible to achieve sustainable M&A success in the 21st century solely through financial engineering. It requires a new, legally aware method of change management that takes advantage of ESG requirements of reducing the risk, developing a robust and cohesive corporate culture, and, in the end, unlocking long-term and sustainable value across all stakeholders. This demands a fine balance between compliance requirements of the hard law and the creation of a sustainable culture of internalisation of values that these laws embody.230 views -
Crimes of Opportunity: Applying Routine Activity Theory (RAT) to assess Legislative Effectiveness in Combating Image Based Sexual Abuse in the Context of Bangladesh
Legal Analyst at Chevron, BangladeshPages 225 - 264Female targeted abuse in Bangladesh stems from a set of complex and multifaceted issues, including but not limited to religious misrepresentation, cultural dimensions, lack of government and social support, patriarchal roots, economic vulnerability, and physical vulnerability. These diverse yet analogous factors can be likened to different squares on a Rubik's cube, each representing a unique challenge that must be addressed simultaneously to solve the larger puzzle of gender-based violence. Image Based Sexual Abuse (IBSA) is the latest facet of female targeted abuse in Bangladesh. Due to the culturally and religiously conservative nature of the country, IBSA extends more widely than intimate images. By this same logic, threats of exposure are much more damaging to victims and victim allies, which can result in the justice system as a whole failing. Even in instances where victims do look for legal recourse, legislative lacking’s, alongside cultural and systematic issues act as a further deterrent. This paper is the first Bangladeshi Study on IBSA, and focuses on legislative and procedural inefficiency, socio-cultural factors, and lack of public awareness. The study applies Routine Activity Theory to showcase how legislative inefficiencies in Bangladesh allow motivated offenders to exploit vulnerable targets in the absence of a capable guardian. The authors posit that in this context, the state, through its failed legislative protections, non-responsive law enforcement, and weak executive institutions, is itself the ‘incapable guardian’. This study therefore seeks to redefine the ‘victim centric’ blame of IBSA and to establish IBSA as a crime of opportunity that exists not because of some sort of unique evil, or lack of modesty, but instead due to the inherent manner in which digital life now routinely puts women in the path of unregulated exposure, weak legal guardianship, and unchecked voyeurism, therefore allowing one to map the structural conditions, not just the malafide intent, that produces this harm363 views -
The American Influence on the Indian Constitution: A Study of Adopted Provisions
Professor at CMR University, School of Legal Studies, Bengaluru, Karnataka, IndiaPages 265 - 270The Indian Constitution is a remarkable achievement of numerous constitution framers, over two years and brought into effect nearly three years after India attained independence. While the freedom struggle stands as one of the greatest milestones in Indian history, the framing of the Constitution is another landmark event that deserves to be remembered by all. However, the constitution of India was not entirely written on its own but several of its principles were inspired by constitutions of other nations. Most of the principles were adapted from the constitution of United states of America. The borrowing of such principles shows the vision of constitution framers to create a progressive nation. This paper discusses about all those principles that are adapted from the constitution of America and their influence on the Indian constitutional framework.195 views -
The Radbruch Doctrine and the Cyclic Nature of Jurisprudence: From Legal Positivism to Moral Renewal
Student at SMS Law College, Varanasi, IndiaPages 271 - 275Nazi Germany's damage left jurisprudence to face a moral dilemma: could something that was lawful nonetheless be so unfair as to be illegal? Once a positivist, German legal scholar Gustav Radbruch responded to that query with his post-war theory, which is today referred to as the Radbruch Formula. He maintained that laws that are explicitly unjust completely lose their legal standing. This theory altered contemporary legal theory and prepared the ground for the famous 1958 Hart-Fuller Debate. Radbruch's moral norm was further illustrated by the Grudge Informer Case. In order to demonstrate how the Radbruch Doctrine changed legal thought and established that jurisprudence is a cyclical discipline that starts with moral ideals, travels through positivist detachment, and ultimately returns to its ethical foundation, this article explores the roots, philosophical effects, and judicial application of the doctrine.389 views -
A Study on Satisfaction of Customers in Online Shopping Platforms
Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 276 - 285The rapid growth of online platforms has transformed the way customers purchase goods and services, offering convenience, accessibility, and a wide range of options. This study aims to examine the level of customer satisfaction in online platforms by conducting a structured survey. A total of 45 respondents participated through Google Forms, reflecting diverse age groups, preferences, and experiences. Both primary and secondary data sources were used to frame the study. The research highlights the importance of service quality, ease of use, security, product delivery, and customer support in shaping satisfaction levels. The study concludes that while online platforms provide convenience, more options and good prices, customers often express concerns about timely delivery and after-sales services. The findings contribute to understanding customer perceptions and can help businesses improve customer-centric strategies for sustainable growth.217 views -
Influencer Culture and Teenagers
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 286 - 295The rise of social media has transformed how teenagers interact and form opinions. Influencers, with large online followings, significantly shape teenagers’ behaviors, preferences, and lifestyles. This study surveyed 45 teenagers to examine influencer impact, including social media use and engagement. Findings show that influencers provide entertainment and information but can also create unrealistic lifestyle expectations, social comparison, and peer pressure. Instagram emerged as the most popular platform, with daily use between 1–5 hours. The study highlights the need for digital literacy and responsible content consumption to help teenagers navigate influencer-driven content.204 views -
Preserving Street Art: India’s Unwritten History on Walls with respect to Tiruvannamalai District
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 296 - 309Street art in India represents a unique intersection of creativity, social commentary, and historical documentation. This study analyses the multifaceted role of street art in the Tiruvannamalai District, encompassing its urban, semi-urban, and rural areas. Far from being acts of vandalism, it serves as a collective voice reflecting the nation’s cultural transitions and social consciousness. This study explores street art as a medium of education, expression, and historical preservation. Using a non-doctrinal qualitative methodology and a questionnaire-based survey of 61 respondents, the research examines public perceptions of legality, heritage, and freedom of expression. Findings reveal that murals and graffiti act as social educators, fostering civic awareness and recording community experiences. Respondents widely view street art as a cultural and historical asset, comparable to temple murals and stone inscriptions. Recommendations include establishing national digital archives, creating heritage walls, and encouraging community participation. By recognizing street art as a form of living history, the research positions it as a bridge between India’s traditional heritage and the evolving imagination of its youth. Street art thus stands as both a mirror and a memory of society, preserving the spirit of its time.165 views -
An Analysis on the Corporate Veil
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 310 - 320This research explores the doctrine of the corporate veil, a cornerstone of modern company law that establishes the separate legal personality of a corporation from its members. It examines the meaning, importance, and judicial evolution of the principle through landmark cases such as Salomon v. Salomon & Co. Ltd., and analyses the circumstances under which courts lift the veil to prevent fraud, evasion, or injustice. Further, it discusses emerging disputes and the controversial doctrine of reverse piercing of the corporate veil, highlighting how courts balance economic freedom with accountability and fairness in corporate jurisprudence297 views -
Regulatory Choreography at the Nexus of Competition Law and Insolvency Resolution
Assistant Professor at Banaras Hindu University, Varanasi, IndiaPages 321 - 327The intersection between competition law and insolvency resolution represents one of the most complex and dynamic areas of economic regulation in contemporary India. Competition law, embodied in the Competition Act, 2002, seeks to prevent market distortions arising from anti-competitive agreements, abuse of dominance, and undue concentration of economic power. Conversely, the Insolvency and Bankruptcy Code, 2016 (IBC) focuses on ensuring the timely revival or efficient liquidation of financially distressed enterprises to promote economic efficiency and credit discipline. When these two frameworks converge—especially in cases of mergers, acquisitions, or takeovers resulting from insolvency proceedings—their objectives may appear to conflict: one prioritizes market fairness, while the other emphasizes business continuity and asset preservation. This article delves into the evolving interface between these regulatory regimes, analyzing statutory provisions, institutional coordination, and the jurisprudence developed by the Competition Commission of India (CCI) and the National Company Law Tribunal (NCLT). It explores how regulators have sought to harmonize procedural timelines, balance market efficiency with fairness, and address challenges of jurisdictional overlap. Drawing from comparative international practices, the study proposes a coherent framework for synchronizing competition and insolvency objectives, thereby fostering a more resilient, transparent, and competitive economic environment in India.301 views -
Advent of Technology in Healthcare
Student at Sastra Deemed to be University, Thanjavur, Tamil Nadu, IndiaPages 328 - 335The transition to technology in healthcare is altering the way we provide, manage, and enhance the quality of our medical services globally. This article will discuss some of the important technologies that are transforming modern health care systems, including Electronic Health Record (EHR) systems, Artificial Intelligence (AI), Machine Learning (ML), tele-health, Remote Patient Monitoring (RPM), robotics, and automation. Moving from manual records to electronic records has not only improved accessibility of health information in health care practices, but it has also improved the accuracy of information utilized in practice, plus interoperability also increased significantly. AI and ML support increased accuracy in clinical diagnosis, personalization in treatment plans and drug development. Both tele-health and RPM have opened access to health care for individuals, regardless of location by enabling continuous care that is patient-centered. Robotics and automation have increased EQ clinical surgical procedures and shorten the time for patient rehab while advancing patient outcomes. Conversely, with the digitalization of the healthcare industry, there are risks to data storage and privacy, concerns with ethical practice, cybersecurity, and factors contributing to inequities due to the digital divide's impact on access. A key takeaway from the article is the importance of establishing governance and ethical principles to ensure that technology works in favor of all persons, and not just a select few people. Overall, the convergence of these technologies is facilitating a dramatic turn towards more preventive, predictive, and personalized forms of medicine, which could inform a future state for health care that is not only smarter and efficient, but also more humane and accessible to all.195 views -
Legislating for the Hills: Mizoram’s Policy Shift on the Forest (Conservation) Amendment Act, 2023
PhD Scholar at Faculty of Law, University of Delhi, IndiaPages 336 - 348Laws travel from Delhi’s corridors, but their ripples reach Mizoram’s hills in waves of resistance. The Forest (Conservation) Amendment Act, 2023 seeks to align India’s forest regulation with global climate goals, emphasizing Net Zero emissions by 2070, creation of additional carbon sinks, and ecological restoration. However, its centralized approach has sparked strong opposition in Mizoram, where majority of land is forested and tribal rights are constitutionally safeguarded. After unanimously rejecting the law in 2023, the Mizoram Assembly reversed its stance in August 2025, triggering widespread protests and debates over federalism, indigenous autonomy, and environmental governance. This paper examines Mizoram’s policy shift and public backlash through legislative records, media reports, activist voices, and neighbouring states precedents exploring tensions between development imperatives, conservation commitments, and community rights. The study argues for participatory, region-sensitive forest governance to reconcile national goals with local realities.253 views -
Strain and Solitude: Understanding the Personal and Psychological Challenges of PhD Scholars
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 349 - 362PhD scholars face many psychological and personal challenges during their doctoral journey. The demanding nature of doctoral studies puts significant pressure on their mental health. Academic rigour often leads to stress, anxiety, and feelings of burnout. Extended study periods contribute to emotional exhaustion and loneliness. Balancing research workload with personal life and financial stress is difficult. High expectations from institutions, supervisors, and family add to the strain. International scholars face additional hurdles as they adjust to new cultures and support systems. This study uses empirical data from 41 respondents to explore these issues. Survey questionnaires gathered detailed information on the scholars’ experiences. Statistical tools helped analyse trends and mental health patterns among them. Results show that many PhD students suffer from chronic stress and anxiety. The study highlights the need for strong peer and institutional support networks. Accessible mental health resources are crucial to improve well-being. Creating a supportive research environment ensures academic success and resilience. Universities must actively implement programs that foster community and reduce isolation. Addressing these challenges is essential for the long-term sustainability of doctoral education.217 views -
Stridhan: Women’s Property Rights and Judicial Protection in India
Student at IILM University, Greater Noida, IndiaPages 363 - 384The doctrine of stridhan—the property a woman receives and keeps in her own right—remains one of the more resilient protections for women’s economic autonomy under Hindu law. Once rooted in classical texts and marriage rites, the concept now operates within a modern legal architecture shaped by the Hindu Succession Act, criminal provisions addressing misappropriation, and decades of judicial interpretation. This article traces the movement of stridhan from ritual category to enforceable legal right, examines how courts have negotiated ownership claims in the messy reality of marital breakdown, and evaluates why legal recognition often fails to produce effective restitution. Focusing on key Supreme Court rulings, most notably Pratibha Rani v. Suraj Kumar and Maya Gopinathan v. Anoop S.B., the analysis shows that Indian jurisprudence consistently affirms a woman’s exclusive title to stridhan while simultaneously exposing gaps in proof, procedure, and enforcement that disadvantage vulnerable claimants. The paper argues that doctrinal certainty alone is insufficient: to secure substantive equality, law and policy must close evidentiary gaps, streamline remedies, and adapt to contemporary asset forms. Concrete reforms—improved documentation practices at marriage, faster civil remedies for recovery, clearer prosecutorial guidelines where criminal misappropriation is alleged, and judicial training on gendered evidence—would make the promise of stridhan meaningful for more women.579 views -
Police Reforms in India: Accountability Mechanisms in Policing
Assistant Professor Amity University, Lucknow Campus, IndiaPages 385 - 401Policing in India today stands right at crossroad where democratic accountability meets shadows of colonial legacy that still influences its structure and spirit. The present research work tries to explore in detail how different institutional mechanisms, statutory reforms, and oversight frameworks together determine contours of police accountability within Indian legal system. It traces historical origin of Police Act of year 1861, analyses constitutional division of powers under Seventh Schedule, and evaluates how judicial interventions have sought to transform police into more professional and autonomous body. Even though Supreme Court in Prakash Singh v. Union of India (2006) 8 SCC 1 issued landmark directions for reform, compliance across various States continues to be patchy which clearly reflects deep resistance to structural independence. The research also focuses on persistent human rights violations such as custodial torture and extra-judicial killings as documented in Status of Policing in India Report (SPIR 2025), thereby exposing stark difference between legal prescriptions and ground realities. Drawing guidance from UNODC Handbook on Police Accountability, Oversight and Integrity and USAID 2016 Report on Effectiveness of Police Accountability Mechanisms, this study follows doctrinal and analytical method to compare India’s domestic practices with international standards. The objective is to propose rights-oriented model of democratic policing grounded in transparency, ethical conduct, and active community participation. In end, it concludes that true reform will never flow merely from administrative instructions but only from broader legislative change and deeper cultural transformation within police institutions so that they reflect spirit of constitutional morality and uphold principles of rule of law.716 views -
Evaluating the Efficacy of Environmental Impact Assessment in Conserving Environment and Sustainable Development in India: A Critical Legal and Policy Analysis
Research Scholar at Amity University Kolkata, IndiaPages 402 - 416Environmental Impact Assessment (EIA) has emerged as a pivotal instrument for integrating environmental considerations into development planning in India. Instituted under the Environment (Protection) Act, 1986 and operationalized through the EIA Notifications of 1994 and 2006, the framework is intended to ensure that potential ecological and social impacts of projects are assessed prior to approval. This paper critically examines the evolution, legal foundations, institutional mechanisms, and practical efficacy of EIA in promoting sustainable development in India. Through doctrinal analysis and case studies—including the Narmada Bachao Andolan, Sterlite Copper plant, POSCO Odisha project, and Delhi Metro expansion—the research highlights how judicial interventions and regulatory oversight have shaped the preventive and participatory dimensions of EIA. Despite its formalization, the EIA process faces significant challenges that undermine its effectiveness. These include procedural inefficiencies, limited technical capacity of state-level authorities, weak enforcement of post-clearance compliance, inadequate public participation, and political-economic pressures that often compromise environmental safeguards. The paper also analyses the controversial Draft EIA Notification, 2020, which proposed retrospective clearances and reduced stakeholder consultation, illustrating the tension between development imperatives and environmental protection. The study concludes that while EIA has contributed to integrating environmental accountability into India’s development agenda, its potential remains constrained by systemic gaps. Strengthening institutional capacity, ensuring transparency, enforcing compliance rigorously, incorporating independent third-party review, and codifying judicial principles such as the precautionary approach, polluter pays, and intergenerational equity are essential for enhancing efficacy. By addressing these challenges, EIA can serve as a robust tool to reconcile economic growth with environmental sustainability and social equity, aligning India’s development trajectory with global standards of sustainable development.324 views -
Judicial Reform in India: Need of the Hour
Research Scholar at University of Mumbai, IndiaPages 417 - 425The Judiciary is one of three organs of government, besides the Executive and Legislature. The evolution of society necessitates the continuous reform and adaptation of these organs to meet evolving needs. Judicial reform is a dynamic process that adapt to societal evolution, ensuring the Judiciary remains effective in promoting equality and justice for all. The Current research paper evaluates the current issues in the Indian Judicial System, the impact of these issues on the overall Justice delivery system, need for judicial reform, factors that hinder judicial reforms and measures that can be taken to reform the judiciary.479 views -
A Critical Analysis of the Contract Labour (Regulation and Abolition) Act, 1970
Student at Aligarh Muslim University, Malappuram Centre, IndiaPages 426 - 447Various sectors of Labour Play has a significant role in contributing to our nation's economy. However, despite their invaluable contributions, these workers often receive minimal returns for their hard work. The unorganized sectors, in particular, face numerous challenges, including job insecurity, poor working conditions, and limited access to social security benefits. The Contract Labour (Regulation and Abolition) Act, 1970, was enacted to address these issues and improve the conditions of contract labourers. The Act aims to regulate the employment of contract labour in certain establishments and abolish it in specific circumstances where it is deemed necessary in the interest of workers. This abolishes the "theka" practice of "mazdoor," which refers to the exploitation of labourers by contractors who act as middlemen, often leading to unfair labour practices and inadequate protection for workers. The primary objective of the Act is to ensure the welfare of contract labourers by regulating their employment and working conditions, thereby safeguarding their rights and promoting fair labour practices. It provides for the establishment of advisory boards at the central and state levels to advise on matters related to the administration of the Act and recommend measures for improving the conditions of contract labour. Despite its noble intentions, the implementation of the Contract Labour (Regulation and Abolition) Act, 1970, has faced numerous challenges. Issues such as inadequate enforcement, lack of awareness among workers, and the reluctance of employers to comply with the provisions have hindered the effectiveness of the Act. Additionally, the evolving nature of the labour market and the increasing trend towards informalization of work have raised questions about the relevance and adequacy of the Act in addressing contemporary labour issues. This critical analysis aims to examine the key provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and assess their impact on contract labourers in India. It will explore the challenges and limitations in the implementation of the Act and provide recommendations for enhancing its effectiveness. By delving into the legislative intent, judicial interpretations, and ground realities, this analysis seeks to contribute to the ongoing discourse on labour law reforms and advocate for a more just and equitable framework for contract labour in India.535 views -
Obiter Camouflaging the Preamble: An Analysis of Power and Authority of Supermen Court under the Indian Constitution
Chairman at K Pond Foundation for Health Education and Research, Maharashtra, IndiaPages 448 - 460In India, there is undoubtedly a ‘Rule of Law’, means only law is supreme, neither legislature, nor executive nor judiciary. Therefore, it is an important question as to which law is supreme. Supreme law is a basic document, which had been conceptualized, designed, drafted, created and thereby empowering three pillars of the parliamentary democracy in India, namely, legislature, executive and judiciary, independent of each other. The Constitution is a supreme law of the land, because it is made by those, who were representatives of all our ancestors, who had fought and sacrificed their lives for our independence. It is being sacred historical document, it can neither simply be amended by any political party holding the majority in both the houses of parliament, not it can be destroyed and thrown away by an executive order by the President of India, or by any other authority. Each wing, namely, legislature, executive and judiciary are independent of each other and are but, their choices and actions are subject to the constitutional provisions. Separation of powers is one of the essential features of our constitution.243 views -
Incest, Custom and Constitutionalism: Evaluating the Sapinda Relationship Bar on Marriage
Student at Institute of Law, Kurukshetra University, Haryana, IndiaPages 461 - 467The concept of Sapinda Relationship traces its roots to ancient Hindu texts, reflecting the belief that union in close consanguinity can disrupt both the moral and biological structure of the family. However, in the contemporary context of urbanisation, intercommunity mobility, and the growing assertion of individual autonomy, this statutory restriction has recently come under constitutional scrutiny. This paper aims to evaluate whether such a restriction still fulfils a legitimate public purpose within a progressive, rights-based constitutional framework that upholds personal liberty.908 views -
The State of Global Governance and the Role of International Law
PhD Candidate in Law at ICFAI Law School, Hyderabad, India and Special Assistant Public Prosecutor, High Court of Telangana, IndiaPages 468 - 471This article aims to describe and analyze the challenges and opportunities for the development of international law. It attempts to provide some knowledge regarding global issues that requires an immediate collective response from the international community. Creating a better world for present and future generations require measures and anticipation of future crises (environmental challenges, global warming, human rights, health issues, discriminations, demographic growth, etc.). Significant transformations are taking place in the world, and that they will require a new approach to global governance. However, international law as a body of law that governs relations between states, international organizations and private persons exposes its vulnerabilities. Recent developments in the international community have made awareness of international law necessary and inevitable as the fully effective law of a fully functioning global society.288 views -
India’s Strategic Partnership with the United States
Student at The Shri Ram School Aravali, Gurugram, IndiaPages 472 - 478Foreign policy of India is a perfect amalgamation of idealism and pragmatism. While founding its policy of peace, non-violence it balanced it with the need to have an independent stand at global level. India not only opted for non-alignment to remain independent from global power blocs and military alliances but also stood for territorial sovereignty and peaceful co-existence. These foundational principles remained as the harbinger of path of India in its journey as a nation state in the international politics. It sustained with its foreign policy throughout the Cold War amidst contentions in its neighbourhood and the challenges of economic development at domestic level as well as unfavourable balance of payments crisis. However, as the global world order evolved after the Cold War as the Bi-polarity gave way to Uni-polarity. India also started to integrate its enduring diplomatic ideals with practical objectives like economic growth, technological advancement and security modernization as a result of necessity and compulsions of times. The liberalization of India’s economy in 1991 due to the New Economic Policies /LPG and its growing role in global trade prompted a shift from non-alignment to “multi-alignment.” Among the most significant outcomes of this evolution is India’s deepening partnership with the United States due to their shared democratic values and convergent strategic goals, the India–U.S. relationship extends upto economic goals. The partnership is important to strike a balance in the Indo-Pacific and international world order. While India continues to uphold its independence in global decision-making, its collaboration with the United States enhances its global influence and modernization capabilities. This paper seeks to trace the continuities and discontinuities of Indian foreign policy. Further, it is also a humble attempt of analysing the rationale and implications of India’s strategic tilt toward the U.S.A. specifically in the post- cold war period.360 views -
Corporate Governance and its Various Models
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 479 - 495Corporate governance essentially forms the basic foundation of ethical conduct of business, accountability, and sustainable economic development. It refers to the mechanisms, principles, and institutional processes through which corporate entities are directed and controlled to protect the interests of various stakeholders. This paper is a comparative examination of the globally leading models of corporate governance and their consolidation into the Indian regulatory and socio-economic environment. The Anglo-American model, with the principle of shareholder primacy and the unitary board system, has remarkably shaped Indian corporate reforms by incorporating elements of board independence, disclosure, and investor protection. The German model depicts a stakeholder approach based on participatory decision making with a two-tier board structure that enables democratic governance and long-term corporate stability. The Japanese model pertains to relational governance via Keiretsu networks and collaborative building decision-making, built on collective accountability and employment stability. Similarly, the Nordic model offers a system of concentrated ownership, along with strong minority-shareholder protection and a high degree of explicit commitment to sustainability and transparency. In Indian context, governance practices have synthesized to integrate elements of these models in consideration to local business dynamics. Family- managed enterprises, which overpowered the Indian landscape, have been re-structured under the Companies Act, 2013, that requires independent and women directors, audit committees, and candid reporting. The previous Managing Agency model, promotes a monopolistic predisposition, that has paved way for a regulatory-driven structure with the Securities and Exchange Board of India (SEBI), empowered through committee recommendations. Subsequently the Islamic model of governance adopted ethical governance concepts ingrained in Shariah principles, hence connecting moral responsibility in commerce. In a nut shell, India's corporate governance portrays a dynamic hybrid system that synthesizes global best practices with indigenous ethical and legal frameworks.308 views -
Custom, Cuisine, and Culture: Locating Khaar and Tenga in the Larger Prism of Food Traditions
Independent Researcher in IndiaPages 496 - 512Food is arguably, yet invariably more than merely a means of sustenance – it blends different ‘flavors,’ essences, and peculiarities of cultures, traditions, societies, and ‘life’ itself. This paper attempts to celebrate food and its peculiarities, particularly regarding the Assamese culinary tradition, while comparing and picturing it alongside food from other cultures and placing it on a larger culinary plane of practice, precision, and popular culture. ‘Traditional’ Assamese cuisine is a piquant admixture of dishes from the pakghor (kitchen) of the xipini (weaver) to the middle-class household, seeking to embrace ‘modernity’, not only in terms of lifestyle but also in terms of culinary habits, traversing from the ‘coolie’ lines to the kitchens of the ornately imposing Burra Bungalows (whoever can forget the majesty of the Thengal Manor in Titabor or the Chameli Memsaab bungalow in Cinnamara, Jorhat!) While Assamese cuisine presents a wide range of delicacies, ranging from Pitha, Laru, Baahor Gaaz (bamboo shoot), Outengar Jul (Elephant apple curry), various Pitikas or mashed delicacies, different types of Bor (fritters), Xaak (leafy vegetables), Maahor Dali (Black Dal cooked plain or with outenga or sometimes with duck), Mangxor Jul (meat curry, often mutton), two principal elements that can be said to ‘define’ Assamese food are Khaar, which is alkaline in nature and Tenga (which is typically acidic). A large chunk of Assamese culinary tradition can be said to revolve around Khaar and Tenga and their tug of war, as they are entirely opposite in taste and composition, and it is generally advised not to have Khaar and Tenga together. Therefore, if the meal starts with khaar, it ends with tenga which is ideally a tangy curry with fish. This paper would be an attempt to traverse from the kitchen of the Burra Sahib to the commoner -weaving tapestries of food, history and orality, along with the evolution in Assamese culinary tradition – essentially cuisines that link the royalty to the commoner, as picturing Assamese cuisine vis a vis cuisines and culinary traditions from other cultures.293 views -
Corporate Social Responsibility in The Indian Banking Sector: A Study of Selected Public and Private Sector Banks
Research Scholar at Raja Mahendra Pratap State University Aligarh, IndiaPages 513 - 541This paper examines Corporate Social Responsibility in the Indian banking sector through a comparative analysis of public and private sector banks under the Companies Act, 2013 regime, mapping expenditure trends, thematic priorities, governance architectures, and disclosure quality between 2018 and 2023. The study situates CSR within modern banking strategy, arguing that responsibility is most effective when integrated with core intermediation levers-financial inclusion and literacy, livelihoods and MSME ecosystems, and green finance-supported by board oversight, standardized indicators, and independent impact assessment. Evidence from sector syntheses and comparative case materials indicates broad adherence to the two percent profit-linked CSR norm, convergence on education, health, skills, environment, and rural development themes, and gradual professionalization of measurement and transparency through Business Responsibility and Sustainability Reporting, albeit with heterogeneity in outcome metrics, geographic balance, and external assurance. Public sector banks emphasize rural development, education, sanitation, and foundational health aligned with their developmental mandate, while private sector banks foreground innovation, livelihoods platforms, digital inclusion, and environmental projects within broader Environmental, Social and Governance; both ownership groups are converging toward outcome-oriented CSR with more apparent program logic and stakeholder reporting. The paper recommends integrating CSR with business strategy and risk appetites, concentrating resources on fewer, high-fit multi-year programs, adopting common results frameworks and third-party evaluations, expanding credible partnerships with Non-Governmental Organizations and communities, scaling green finance with auditable taxonomies, and deploying public digital dashboards for standardized, assured reporting. Limitations include variability in bank disclosures and constraints on causal inference; future work should build bank-level panels linking assured CSR indicators to customer usage, resilience, and portfolio risk, complemented by quasi-experimental evaluations to substantiate impact pathways.158 views -
Contesting Control: Hostile Takeovers and the Governance Implications in India
Student at Indore Institute of Law, Indore, M.P., IndiaPages 542 - 554Hostile takeovers, a hallmark of dynamic corporate markets, pose significant challenges to the traditional notions of shareholder protection. Hostile takeovers occur when acquiring company seeks to gain control over target company without a consent of its management, represent a significant challenge to corporate governance and shareholder democracy. In these scenarios the intersection of minority shareholders often takes a backseat to the strategic objective of management and acquiring entity. While India’s legal and regulatory framework primarily embodied and the Company’s act, 2013 and the SEBI Takeover Code, 2011 offer some protection for shareholders, these safeguards are more geared towards voluntary takeovers or friendly mergers. The complexity arises from hostile acquisitions where control is contested and management is often resistant, expose several gaps in the existing framework that undermine shareholders rights. The research problem stems from the fact that, in a hostile takeover situation shareholders are frequently placed in a vulnerable position where they may have limited options to resist or even be informed of the transaction particularly when faced with management entrenchment tactics coercive offers or inadequate disclosures. Minority shareholders, who typically lack the voting power to influence corporate decisions, may find themselves on the losing side of the acquisition facing unfair valuation, coercive buyouts, or strategic decisions taken without their consent. In India, while the regulatory framework has progressively evolved, major gaps remain in protecting minority shareholders and ensuring equitable treatment during such corporate battles. This research analyses the impact of hostile takeovers on shareholders rights from a doctrinal perspective, highlighting deficiencies within current legal frameworks like SEBI Takeovers Code, Companies Act, 2013, and judicial precedents. The independent variable identified is the current Indian legal framework regarding shareholder protection during the hostile takeovers, and the dependent variable is the effectiveness of enhanced legal remedies and rights in protecting shareholders’ interests. The study argues for a more robust statutory intervention and a balanced model that ensures corporate flexibility while safeguarding shareholder democracy and rights. Through doctrinal analysis of cases, strengthening shareholder protection amidst hostile takeover in India.424 views -
The Scope of Judicial Intervention in Arbitration: Lessons from Gayatri Balasamy vs. ISG Novasoft Technologies Ltd
Student at Adv. Balasaheb Apte College of Law, Mumbai, IndiaPages 555 - 562The Supreme Court case of Gayatri Balasamy v. ISG Novasoft Technologies Ltd. (2025 INSC 605) addresses the critical question of the scope of judicial intervention in arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996. Arising from a dispute involving allegations of sexual harassment, defamation, and termination of employment, the case saw an arbitral award of ₹2 crore modified by a single judge of the Madras High Court to ₹3.6 crore, which was later reduced by a division bench to ₹2.05 crore, citing computational errors. The Court clarified that Section 34 does not confer power to modify an arbitral award on merits; the jurisdiction is limited to setting aside the award, either wholly or partially, where the award is severable and issues are distinct. Partial setting aside is permissible only when invalid portions can be separated without affecting the valid parts. However, limited corrective powers exist under Section 37 to rectify clerical, computational, or typographical errors, and courts may intervene in post-award interest to ensure fairness. The judgment rejects broader modification powers, including arguments based on the maxim omne majus continet in se minus, emphasizing the preservation of arbitral finality and party autonomy. While Article 142 powers must be exercised with restraint, the ruling balances minimal judicial oversight with the efficiency of arbitration, preventing unnecessary remittal for fresh proceedings in cases of minor defects.600 views -
The Role of Artificial Intelligence in Promoting Gender Equality: Opportunities, Risks, and Human Rights Concerns
Research Scholar at Jamia Hamdard University, New Delhi, IndiaPages 563 - 581Artificial Intelligence (AI) is increasingly shaping the contours of modern society, offering both transformative opportunities and complex challenges in the realm of gender equality. As AI technologies become embedded in governance, education, healthcare, employment, and digital platforms, they hold the potential to dismantle historical biases and promote inclusive development. From gender-sensitive data analysis to intelligent systems designed for equitable recruitment and healthcare diagnostics, AI can serve as a powerful tool in closing gender gaps. However, this promise is often undermined by algorithmic bias, lack of diversity in AI development teams, and opaque decision-making processes that may replicate or exacerbate existing inequalities. This research explores the dual role of AI in promoting and potentially hindering gender equality through a multidisciplinary lens that integrates human rights, ethics, and technology studies. It investigates how AI systems can be designed to advance the rights of women and marginalized gender groups while highlighting risks such as surveillance, digital discrimination, and the exclusion of non-binary identities. Case studies from sectors like criminal justice, online content moderation, and finance are used to demonstrate both progressive applications and harmful outcomes of AI deployment. The paper also critically analyzes the responsibilities of governments, tech corporations, and international organizations in ensuring that AI development aligns with gender justice frameworks and international human rights standards. Policy recommendations are also offered to promote accountability, transparency, and participatory AI governance. The overarching aim of this paper is to provide a roadmap for harnessing AI ethically to support gender equality, while mitigating its associated risks through legal safeguards and inclusive innovation.158 views -
Developing High-Quality Legal Human Resources in China: Contemporary Practices, and Strategic Directions
Student at Hanoi Law University, VietnamPages 582 - 596This study examines the conceptual foundations, institutional practices, and policy orientations underlying the development of high-quality legal human resources (LHR) in China within the context of contemporary governance reform and global integration. Drawing upon theoretical perspectives in human resource development and international standards articulated by intergovernmental organizations, the study argues that LHR constitute a strategic resource essential for strengthening the rule of law, enhancing administrative capacity, and supporting China’s engagement with increasingly complex domestic and transnational legal challenges. Through qualitative document analysis of Chinese government policies, legal education reform plans, and professional development frameworks, which are supplemented by comparative insights from the United Nations, the International Labour Organization, and other international bodies, in which the study identifies both substantial progress and persistent limitations in China’s approach to legal talent cultivation. Findings indicate that China has implemented wide-ranging initiatives, including curricular restructuring, expansion of experiential and practice-oriented training, enhancement of ethical and competency standards, and targeted programs for developing foreign-related legal talent. These efforts demonstrate clear alignment with global trends emphasizing continuous professional development, interdisciplinary integration, and the professionalization of legal services. However, challenges remain, such as variations in training quality across institutions, insufficient integration of practical components in legal education, uneven access to internationalized learning opportunities, and the need for stronger mechanisms to ensure professional ethics and integrity. The study concludes that advancing high-quality LHR is not only a disciplinary or sector-specific task but a core requirement for China’s long-term governance modernization and international competitiveness. Strengthening cooperation among universities, legal institutions, regulatory bodies, and international partners will be essential for addressing current gaps and sustaining reform momentum. Ultimately, China’s capacity to cultivate a competent, ethical, and globally engaged legal workforce will significantly influence its ability to navigate institutional transformation and assert its role in shaping the evolving global legal order.176 views -
An Analytical Study of Expropriation and Emergency Measures in the Context of Covid-19: A Comprehensive Assessment of Seizure of Private Property under International Investment Law
Student at Chettinad School of Law, Tamil Nadu, IndiaPages 597 - 612Expropriation, as an extraordinary state measure has increasingly become a common recourse during emergency situations, often raising concerns of being unwarranted and arbitrary. This research paper aims at examining one of the most contentious issues of international investment law that emerged during the Covid-19 pandemic – namely the determination of the limits of the exercise of the state’s power to expropriate private property under the guise of emergency measures. This paper sheds light on the general conceptual framework governing expropriation under international investment law. It then proceeds to examine the extent of the use of states power to requisition health care facilities during the global health emergency. Moreover, it also examines the controversies surrounding expropriations and the justification given by the government. Additionally, this study examines the treaty framework and expropriation provisions to assess whether pandemic related emergency measures may be invoked as a valid defence within the interpretive scope of investment treaties. Further, it also analysis the dimension and the controversies associated with treaty shopping and the rights of minority shareholders. It also includes an examination of jurisprudence from past crisis and an analysis of arbitral precedents to determine the doctrinal challenge in balancing investor protection and public welfare. This research paper finally concludes by examining the post Covid-19 reforms in influencing state practice and the future of investment arbitration in the light of emergency expropriation measures.150 views -
An Appraisal on Enforcement of Green Transport Laws in Tanzania: Challenges, Gaps and Policy Directions with Insights from Rwanda and South Africa
Assistant Lecturer at Department of Humanities and Social Science, National Institute of Transport, TanzaniaPages 613 - 631Green transportation is increasingly recognized as a critical pathway to achieving environmental sustainability, public health, and low-emission economic development. In Tanzania, the growing demand for mobility, driven by urbanization and population growth has underscored the urgency of implementing effective and enforceable sustainable transport solutions/frameworks. This paper specifically examines the legal and institutional enforcement mechanisms underpinning green transport in Tanzania, offering a comprehensive doctrinal analysis key statutes and regulatory frameworks, including National Transport Policy (2003) and the National Environmental Management Act (2004). Despite notable and progressive initiatives such as the Standard Gauge Railway (SGR) and the Bus Rapid Transit (BRT) system, enforcement remains weak. This is largely attributed to fragmented legislation, overlapping mandates, limited institutional capacity, and insufficient political commitment. To contextualize Tanzania’s experience, the paper draws comparative insights from Rwanda and South Africa - two African countries that have made notable progress in promoting sustainable transport. Rwanda’s centralized and policy-driven implementation model, and South Africa’s integrated legal frameworks and institutional mechanisms, offer valuable lessons for enhancing policy coherence and regulatory enforcement in Tanzania. The paper/study concludes with actionable policy recommendations on legal harmonization, institutional capacity building, and adoption of regional best practices. By contributing to the broader discourse on environmental governance in Africa, this paper offers practical insights for policymakers, legal practitioners, and scholars seeking to advance sustainable mobility across the continent..214 views -
Balancing Liberty and Regulation: The Constitutional Paradox of Fake News Laws in India
Principal (In Charge) at J.B. Law College, IndiaPages 632 - 651In 2018, India’s Prime Minister cautioned that “fake news has the power to finish democracy,” underscoring the gravity of disinformation in the world’s largest democracy. Recent statistics reinforce this concern: India continues to lead globally with over 150 internet shutdowns in 2023, while social media companies reported receiving more than 6,000 government takedown requests. At the same time, independent fact-checkers revealed that false narratives around elections, communal tensions, and public health routinely reached millions of users within hours. This dual reality presents a constitutional dilemma as to whether regulatory interventions truly safeguard democracy or imperil the very rights they claim to protect. This paper critically examines the extent to which India’s statutory and regulatory interventions against “fake news,” particularly the Information Technology Act, 2000, the IT Rules, 2021, and allied criminal provisions, represent necessary and proportionate restrictions under the Constitution. Anchored in the guarantees of freedom of speech and expression (Article 19(1)(a)), privacy (Article 21), and the implicit right to know, the analysis engages with the proportionality doctrine as developed in Modern Dental College, Shreya Singhal, and Puttaswamy. The findings reveal a paradox: interventions intended to protect democratic order often generate overbroad and arbitrary restrictions. Instances of Section 66A’s misuse even after being struck down, opaque blocking orders, and government-controlled fact-checking bodies illustrate how regulation can chill speech, erode privacy, and narrow public access to contested information. The researcher recommends a recalibration of India’s approach by establishing independent fact-checking bodies, embedding judicial oversight in content takedown processes, mandating transparency and accountability in platform governance, and aligning domestic law with international human rights standards. Only such reforms can ensure that efforts to combat disinformation do not themselves undermine the fundamental freedoms that sustain India’s democracy.263 views -
Employment Law Evolution: From Industrial Relations to Algorithmic Management
Assistant Professor at School of Legal Studies, Babu Banarasi Das University, Lucknow, Uttar Pradesh, IndiaPages 652 - 664The trajectory of employment law has historically mirrored the dominant modes of production, evolving from the master-servant doctrines of the pre-industrial era to the collective bargaining frameworks of the Fordist industrial age. However, the contemporary workplace is undergoing a seismic shift driven by the datafication of labor and the ascendancy of Algorithmic Management (AM). This article provides an exhaustive analysis of this legal and operational evolution, tracing the lineage from scientific management (Taylorism) to its digital reincarnation (“Digital Taylorism”). It critically examines how the rise of algorithmic control- characterized by pervasive surveillance, automated decision-making (ADM), and the fissuring of the workplace- challenges the foundational assumptions of industrial relations systems designed for human-centric hierarchies. Through a comparative legal analysis of the European Union, the United States, and emerging economies such as India and China, the article explores the regulatory lag in addressing algorithmic bias, automated termination, and the classification of platform workers. Furthermore, it posits that the future of labor law lies in the reconceptualization of data rights as collective labor rights, necessitating a new paradigm of “algorithmic collective action” and co-enforcement mechanisms to bridge the widening gap between technological capability and worker protection.310 views -
Judicial Approaches to Dissolution of Marriage through Talaq, Khul‘, and Faskh: A Case Study of Kano and Zamfara State Shariah Courts
Department of History and International Studies, Zamfara State University Talata Mafara, NigeriaPages 665 - 682This study investigates judicial procedures to marriage dissolution in the Shari’a Courts of Kano and Zamfara States, Nigeria, from 2000 to 2024. Drawing on statutes, published judgments, traditional Maliki texts, and secondary sources, it contrasts how courts have handled talaq, khul‘, and faskh throughout 25 years of enlarged Shari’a jurisdiction. Despite near-identical legislation and adherence to the Maliki school, Kano has progressed swiftly toward gender-equitable outcomes, granting wife-initiated divorce in 71–78 % of instances by extending grounds for cruelty, capping khul‘ consideration, and openly invoking constitutional dignity. Zamfara has followed the same track more cautiously, obtaining 56–62 % success rates while keeping closer to classical orthodoxy. The study demonstrates a quiet, judge-led reform achieved through maslaha, istihsan, and procedural innovation, without legislative change. It concludes that live Maliki law in northern Nigeria has become much more sensitive to women’s realities, with Kano now offering some of the most accessible judicial divorce rights in the contemporary Sunni world.360 views -
Legalisation of Active Euthanasia in India: An Analytical Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, IndiaPages 683 - 696Euthanasia has emerged as a crucial topic of discussion in fields including human rights, ethics, health, law, and religion. Generally defined as the deliberate taking of a life to end suffering the right to die with dignity is still up for debate, although the right to life is acknowledged by all. Despite being hotly debated, Active euthanasia is being re-examined in many countries as a valid extension of the right to die with dignity. Where in India the continued criminalization of active euthanasia under the Bhartiya Nyaya Sanhita creates a normative and practical divide between criminal law and constitutional morality, where the Supreme Court has recognized advance directives and passive euthanasia as part of Article 21 guarantee of a dignified life. This abstract makes the case that India should adopt a strictly controlled framework allowing active euthanasia under specific conditions in light of comparative foreign practice i.e. Netherland, Luxembourg, Australia and Canada. A controlled form of active euthanasia would align India's constitutional values to dignity, autonomy, and physical integrity with international human rights discourse, given the country's pluralistic society and resource-constrained healthcare system. In order to reframe euthanasia as an exercise of dignified self-determination at the end of life rather than as the destruction of life, this Article suggests a rights-based, safeguards-driven legislative framework for active euthanasia that draws from international best practices while remaining sensitive to Indian social, cultural, and religious contexts.262 views -
Nordic Lessons for the 21st Century: Strengthening Welfare Governance through Scandinavian Practices
LL.M. student at Symbiosis Law School, Pune, IndiaPages 697 - 705This research aligns the governance model of the Scandinavian welfare system as a benchmark for balancing social justice, economic competitiveness, and institutional legitimacy in the 21st-century policy. The Scandinavian countries, which lean on universalism, high social trust, and transparent governance, have developed welfare systems that ensure social protection not as charity but as a human right. Their model interlaces strong state power, inclusive public services, progressive taxation, and a political culture of participation to create a system that substantiates both equality and growth. Taking an interdisciplinary view that merges political economy, institutional theory, and capability-based development, the research investigates how the Nordic countries incorporate universal education, healthcare, and social security in a market economy that is competitive. Moreover, the study talks about the difficulties that the states are facing such as demographic pressures, immigration, and fiscal sustainability, thus, depicting welfare governance as a flexible, ever-changing framework rather than a fixed one. The study by contrasting these results with India's incoherent welfare scenario, highlights the points where India can learn from the Nordics—such as by raising institutional trust, investing more in human capital, building trust through transparency, and executing rights-based welfare policies. The article, however, conveys that India should not imitate the model but only take a cue from it, arguing that India has to localize these lessons to its demographic scale and socio-economic diversity. The research, in effect, becomes part of the worldwide debates on welfare governance by showing that just development can take place when social protection, economic efficiency, and institutional integrity are in harmony. The Scandinavian journey is a signal that welfare governance is more than just a means for redistribution but an essential way for the expansion of freedoms, the assurance of dignity, and the establishment of resilient, future-ready societies.287 views -
Elderly Victims of Crime in India: A Legal and Human Rights Perspective
LL.M (Criminal law and Criminal Justice Administration) student at School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai, IndiaPages 706 - 738Older persons are one of the most neglected and voiceless victims of crime in India’s justice delivery system. At a time when the country is experiencing a demographic transition and an unprecedented increase in its elderly population, thousands of older persons are routinely subjected to violence, abandonment, financial exploitation, and emotional deprivation at the hands of those they should be able to trust most. Their pain may not always shout out loud; it comes as silent sobs, shaking voices, and with deep feelings of insignificance. Many elderly internalize their agony and do not report abuses from fear or dependence, or perhaps for the hope that the love bonds within the family would heal themselves. However, the effects are serious-impacting their safety, well-being, and dignity. From constitutional safeguards to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, India’s legal framework tries to protect the rights of older persons. Provisions under the BNS, BNSS, Domestic Violence Act, and Information Technology Act further support elderly victims who encounter violence or exploitation. Despite these laws, gaps remain in enforcement, accessibility, and awareness, leaving many senior citizens navigating the justice system alone. The article looks at the multidimensional experience of elderly victims, challenges in accessing justice, and the pressing need for a caring community response. Protection of the elderly is not only a duty but also a humane responsibility. Keeping them safe, dignified, and emotionally secure reflects the true humanity of a society. This study calls for stronger implementation of laws, better support systems, and a renewed societal commitment to honoring and safeguarding India’s elders.194 views -
Algorithmic Bias and Human Rights Protection: A Comparative Study of International Instruments and Indian Legal Regimes
Research Scholar at Department of Studies in Law, University of Mysore, IndiaPages 739 - 762The swift integration of artificial intelligence (AI) into business, government, and public life has shown a growing tension between the protection of fundamental human rights and technological development. Although algorithms are typically regarded as objective and efficient, they frequently amplify and perpetuate societal and structural biases, which raises significant concerns about justice, accountability, and transparency. This paper uses a doctrinal legal method to analyse algorithmic prejudice as a current human rights issue. It does this by consulting primary and secondary sources, such as international treaties, policy documents, and academic literature. It creates an algorithmic accountability framework that includes private developers, businesses, and data controllers in addition to states. In addition to the principles of equality, dignity, and nondiscrimination found in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), the paper argues that algorithmic bias undermines India's constitutional ideals of justice and liberty. It contrasts and compares international initiatives, such as the UN Guiding Principles on Business and Human Rights, the EU AI Act (2024), and UNESCO's Recommendation on the Ethics of Artificial Intelligence (2021), with India's more recent frameworks, including the Digital Personal Data Protection Act, 2023, and NITI Aayog's "Responsible AI for All." In order to preserve human dignity in the digital era, the study ends by suggesting a human rights-focused pathway for India that incorporates openness, institutional supervision, and moral leadership into AI policy.242 views -
We, The People, in a Digital World: Revitalising Constitutional Ethos in Electoral Democracy
LL.M. Student at Government Law College, Ramanathapuram, Chennai, IndiaPages 763 - 774This paper examines how the constitutional ethos of India, rooted in justice, liberty, equality and fraternity, faces unprecedented challenges in an era dominated by digital communication, algorithmic influence, and artificial intelligence. As India marks seventy-five years of its constitutional journey, the author explains that the vitality of electoral democracy depends not merely on procedural mechanisms but on the ethical foundations envisioned by the framers. Drawing from key Supreme Court judgments, including Indira Nehru Gandhi v. Raj Narain, K.S. Puttaswamy v. Union of India, and Shreya Singhal v. Union of India, this study explores how constitutional morality, voter autonomy, and democratic integrity are being reshaped by digital disruptions. The paper further examines the growing influence of misinformation, deepfakes, micro-targeted political advertising, and algorithmic bias, demonstrating how these phenomena undermine informed consent, distort political competition, and erode public trust. The author explains that such manipulative digital practices pose a direct threat to the constitutional promise of free and fair elections, recognised as part of the basic structure of the Constitution. By analysing institutional vulnerabilities and emerging patterns of digital political behaviour, the paper highlights the widening gap between traditional electoral safeguards and contemporary technological realities. Additionally, this research evaluates the urgent need for comprehensive electoral reforms that integrate digital ethics, transparency, and algorithmic accountability. The author argues that safeguarding India’s democratic spirit requires a coordinated framework involving legal reforms, strengthened regulatory oversight, responsible political communication, and enhanced digital literacy among citizens. Ultimately, this paper contends that reasserting constitutional ethos in a digital world is not only a normative obligation but also a democratic imperative. By reaffirming constitutional morality and electoral integrity, India can ensure that “We, the People” remain the true custodians of democratic power, even amidst rapid technological transformation.191 views -
An Overview of Traditional Knowledge held by the Indigenous Peoples and Local Communities, with special reference to The Indian Patent Act of 1970
Research Scholar at Inter University Centre for Intellectual Property Rights Studies, Cochin University of Science and Technology, Ernakulam, Kerala, IndiaPages 775 - 788The Patent Act provides protection only for new, novel, and useful products or processes in India. A patent holder receives exclusive rights to their invention for a limited period. In contrast, Indigenous intellectual property encompasses the knowledge, practices, beliefs, and philosophies unique to each indigenous culture as part of their way of life since time immemorial. Indigenous peoples emphasize the collective rights of communities over their intellectual properties. However, there are challenges in using intellectual property rights (IPR) laws to protect the rights of indigenous peoples. Much of indigenous knowledge is classified as traditional knowledge and often does not meet the criteria for patentability, such as novelty, utility, and inventive step. Since patents are available only for new subject matter, they cannot be applied to traditional knowledge that already exists. Additionally, there are cultural barriers to claiming ownership of knowledge related to genetic and biological resources originating in indigenous knowledge systems. The existing legal framework often conflicts with the forms and expressions of indigenous knowledge and the requirements for patentability. Indigenous peoples and local communities generally protect their intellectual property collectively, which creates practical difficulties in applying for patents. Furthermore, Section 3(p) of the Patent Act excludes traditional knowledge from patentability to safeguard the public domain.315 views -
Significance of Forensic Science Technologies in Collection of Evidences: An Analysis
Assistant Professor at ABBS School of Law, Bangalore, IndiaPages 789 - 803With the emerging science and technology, the patterns of committing crime are also developing. To tackle these new patterns of crimes the Indian Courts with the help of forensic science in India came up with different innovative investigative strategies to bring justice through criminal justice system. Whether it is inquest report or a report of post-mortem, every report concerns with use of these advanced technologies deduced under the forensic science. There are few advanced technologies which are being used widely in India are Virtopsy, DNA Test, Forensic Dactylography and Forensic Podiatry, etc. These forensic tools are evident to the criminal justice system as they provide precise evidences in order to hold the accused guilty. Apart from these, Mobile forensic and Computer forensic are the one such tools which now-a-days are advantageous to the cyber-crime in this dot com era. As in one hand these tests are like a boon to the criminal justice system to proof the crimes committed by the accused extracting the hidden information from them resulting in speedy trial, on the other hand even though the Court allows, the journey between the moment when power shifts to the police to the getting opinion from the expertise, that leads coercion and violation of right to self-incrimination as well as intrusion to the person’s mental privacy which includes Deception Detection Tests like Narco-Analysis test, Polygraph test and Brain Mapping test. These tests are one such innovative strategies of collecting evidence which always remains in debate due to its constitutional validity. In this paper, the author made an attempt to give analysis on the significance of these emerging technologies and the way it conducted by the experts which makes it reliable to collect it as evidence and admissible in the criminal justice system.338 views -
The Legal Framework on Abortion Rights: A Comparative Perspective
Assistant Professor at ABBS School of Law, Bangalore, IndiaPages 804 - 811This study undertakes a nuanced comparative exploration of abortion rights in the United States and France, focusing on how legal systems shape the lived experiences of women seeking reproductive autonomy. At a time when global attitudes toward abortion remain polarised, France’s 2024 constitutional affirmation of abortion rights and the United States’ 2022 reversal of Roe v. Wade through Dobbs v. Jackson Women’s Health Organization reveal the profound impact of legal and political choices on bodily autonomy. The analysis traces the historical evolution and current legal frameworks in both countries, not only as legal texts but as reflections of broader ideological commitments to gender equality, privacy, and healthcare access. Through this lens, the study highlights how law can either affirm or undermine women’s dignity and decision-making power. Importantly, the study brings these global developments into conversation with the Indian context, where, despite legal provisions under the Medical Termination of Pregnancy Act, access remains fraught with systemic barriers and moral gatekeeping. In bridging legal theory with human realities, the study argues for a reproductive rights framework that is constitutionally grounded, health-affirming, and fundamentally respectful of women lived experiences and agency. This model is legal and necessary for reproductive justice in principle and practice.306 views -
Role of Artificial Intelligence in Developing Criminal Justice System in India: An Analytical & Legal Framework
Assistant Professor at IIMT University, Ghaziabad, IndiaPages 812 - 824The conjunction of Artificial Intelligence (AI) and the criminal justice system depict once- in-a-lifespan expectation to modify and transfigure how justice is delivered in our society. Artificial intelligence has the possibilities and implicit aftermath of innate biases, enhance and upgrade resource allocation, and promote decision- making processes. However, while we embrace AI's evolutionary and extraordinary power & ability, we must go ahead with prudence, assuring that humane philosophy, virtuous elements, clarity, obviousness, and accountability drive its adoption. The mutual interaction between humans and AI has the capability to establish a fair, efficient, and just criminal justice system. We can reduce prejudices that have plagued the criminal justice system for few decades by exploiting and manipulating AI's logical competence. Personalized & intuitive judgements influenced by race, gender, or socioeconomic factors can be weaken by objective data-driven decision-making. Human oversight should continue to be an important part of the decision-making process, ensuring that AI algorithms are constantly examined, evaluated, and held responsible. Collaboration among AI experts, legal professionals, and policymakers is critical for striking a careful balance between the benefits of AI and the protection of human rights and due process. To fully realize AI's promise in the criminal justice system, we must be proactive in its growth, deployment, and regulation.310 views -
Nikah Halala: The Tussle between Personal Laws and Constitutionality
Student at OP Jindal Global University, IndiaPages 825 - 833This paper traces the origins and intended purpose of nikah halala within the realm of Muslim Personal Law, focusing on its practice within the Sunni Hanafi school of thought. Halala originally, intended to establish a safeguard against impulsive pronouncement of divorce, and to protect marital sanctity by mandating a formal process before a divorced couple could lawfully reconcile. Over time, however, the practice has been widely misconstrued, often resulting in detrimental and exploitative consequences for Muslim women. Focusing on the Hanafi school and the broader Sunni tradition, this paper explores the shifting legal, social, and religious interpretations surrounding halala and triple talaq. Through an analysis of the historical context, judicial interventions, and recent statutory reforms, this paper assesses the state's role in mediating between religious autonomy and the protection of individual rights within Muslim personal law.376 views -
Illicit Small Arms Proliferation and Internal Conflicts in Sub-Saharan Africa: Rethinking Arms Governance
PhD Scholar at the International Relations Institute of Cameroun, University of Yaounde II, CameroonPages 834 - 860This study examines the proliferation of illicit small arms and light weapons (SALW), which constitutes one of the most persistent threats to peace and stability in Sub-Saharan Africa (SSA). Despite the existence of comprehensive legal and institutional frameworks at global, regional, and national levels, the circulation of illicit arms continues to fuel internal conflicts, weaken state authority, and undermine human security. This study examines the structural enablers, operational mechanisms, and governance deficiencies that sustain the SALW phenomenon, while assessing the effectiveness and adaptability of existing arms control regimes. Drawing on qualitative research conducted in Cameroon, Mali, Kenya, and the Central African Republic, the analysis integrates field interviews, policy documents, and secondary literature, applying François Thual’s geopolitical method to explore the strategic interests and interactions of state and non-state actors. The findings reveal that the persistence of illicit arms flows is driven by both external and internal factors, including porous borders, post-Cold War arms surpluses, fragile institutions, unregulated local arms production, and socio-economic grievances. These dynamics collectively deepen fragility, prolong conflicts, and entrench cultures of violence. This article submits that current SALW governance frameworks remain overly state-centric and prohibition-oriented, focusing mainly on supply-side control while neglecting the demand-side motivations linked to insecurity, inequality, and livelihood vulnerability. To address these limitations, the paper advocates for a paradigm shift toward a hybrid, multi-level governance model that combines state regulation with community engagement, regional cooperation, and human security-based approaches. As such, “silencing the guns” in Africa requires moving beyond coercive disarmament toward inclusive, context-sensitive arms governance that reinforces institutional legitimacy, addresses local security needs, and promotes citizen-centered peacebuilding. By rethinking arms governance as part of broader state-building and development processes, this paper contributes to advancing both the theory and practice of conflict transformation in fragile African contexts.367 views -
A Contemporary Approach on Use of Technology in Combatting Drug Trafficking
Advocate at Madras High Court, IndiaPages 861 - 876Technology plays an increasingly important role in the fight against illegal drug trafficking and abuse. Advanced surveillance systems, chemical detection devices, and data analytics are being employed to monitor drug production and distribution networks. Portable test kits allow for rapid identification of substances in the field. Online monitoring tracks sales on darknet markets. Biometric technologies like fingerprint and facial recognition aid in identifying traffickers and buyers. Telecommunication data analysis maps communication patterns of criminal organizations. On the treatment side, web-based interventions and mobile apps provide information and support for addiction recovery. Prescription drug monitoring programs aim to reduce overprescribing of controlled substances. As technology continues advancing, new digital tools will likely play an expanding role in supply and demand reduction strategies targeting the illegal drug trade. This article covers some key ways technology is utilized, including surveillance, field testing, online monitoring, biometrics, data analysis, telehealth for treatment, and prescription monitoring and, also highlights both supply-side interdiction efforts as well as demand reduction approaches.235 views -
Pendency of Juvenile Cases in India: A Critical Analysis of Systemic Delays under the Juvenile Justice (Care & Protection of Children) Act, 2015
Advocate at Punjab & Haryana High Court, Chandigarh, IndiaPages 877 - 890The Juvenile Justice (Care and Protection of Children) Act, 2015 was enacted to ensure a child-friendly justice system rooted in rehabilitation, reintegration, and the best interests of the child. Yet, despite its progressive intent, India’s juvenile justice mechanism continues to be marred by systemic delays and high pendency of cases. Drawing on the India Justice Report (IJR) 2024—which highlights that over 55% of cases before 362 Juvenile Justice Boards (JJBs) remain pending—this paper critically analyses the structural, administrative, and procedural shortcomings that contribute to prolonged inquiries. Key factors include understaffed JJBs, weak legal aid support, poor data management, lack of coordination among statutory bodies, and delayed submission of Social Investigation Reports. The study examines the detrimental impact of such delays on juveniles, including violation of statutory timelines under Section 14, non-compliance with India’s obligations under the UNCRC, increased exposure to criminogenic environments, loss of educational opportunities, psychological distress, and heightened risk of long-term criminalisation. The paper argues that pendency not only undermines the rehabilitative framework of the JJ Act but also erodes trust in the juvenile justice system. It proposes multi-level reforms such as strengthening institutional capacity, improving coordination, adopting diversion and restorative justice mechanisms, digitising case management, and establishing fast-track inquiry models. The analysis underscores that reducing pendency is not merely an administrative necessity but a legal and moral imperative essential for safeguarding children’s rights and ensuring effective juvenile justice in India.198 views -
The United Nations in Crisis: Structural Limitations, Systemic Failures, and the Need for Reforms in the Contemporary International Law
LL.M Student at Symbiosis Law School, Pune, IndiaPages 891 - 915The United Nations (UN) was established in 1945 with the primary objective of maintaining international peace and security. However, eight decades later, the organization finds itself increasingly unable to fulfil its foundational mandate. This research critically examines the structural, legal, and political limitations that have contributed to the UN’s recurrent failure in responding to major conflicts and humanitarian crises. Beginning with the historical context of its formation and the legacy of the League of Nations, the paper analyses key successes of UN peacebuilding missions in Cambodia, Namibia, and El Salvador, followed by an extensive evaluation of institutional failures in Rwanda, Srebrenica, Syria, Ukraine, Palestine, and Myanmar. Through a doctrinal and comparative study of regional models such as the European Union and the African Union, the research highlights alternative frameworks of governance that have emerged in response to UN paralysis. The research additionally evaluates the structural bottlenecks of the UN, including, (a) veto diplomacy, (b) lack of enforcement capacity, (c) political selectivity, and (d) financial dependency, and examines contemporary reform proposals such as Security Council expansion, veto regulation, legal accountability frameworks, and reform of funding streams. It then analyses India's status as a leading promoter of "reformed multilateralism," as an illustrative Global South perspective on changing the structure of institutional arrangement. It concludes that while the UN is necessary as a universal platform for legitimacy, it will only sustain its credibility through meaningful structural, functional, and normative reform, else, it runs the risk to be become symbolic and scriptural rather than the functional guardian of international peace.482 views -
When the Shores Sink and Tides Rise: Analysing Sea-Rise Crises and Dispute Settlement in International Legal Order
LL.M. student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 916 - 930The current era of international legal regime is known for liberal functioning by addressing disputes through universal application amidst globalisation. This phase can be traced chronologically into pre-UN and post-UN period, whereas current day regulates the free sovereign States. It’s facilitated institutionalised approach intending for a codified legal system through consensus of the nations. It functions for maintaining the world peace by protecting the rights of the human family. The contributions of the United Nations in protecting the world and peace can never be neglected. Once such classic examples would be fixture of sustainable development goals or SDGs. By virtue of it, the UN calls the world nations and its member states to initiate addressing these goals by 2030. One such proposed goal is climate action. Thus, this paper vibrantly focusses climate change as the contemporary global issue. It analyses the various causes and threats resulting in climate crisis around the globe. The paper would specifically address the climate crises of sea level rise, focusing on the Blue-Pacific islands. The paper intends to showcase various violations and deprivations of the climate migrants, which is forcing them to derogate as the climate refugees. The paper extends to work on a global dispute redressal regime, by concentrating on speedy, fair and accessable justice system for such migrants. The paper draws attention to varied case studies where climate crisis persisting to sea level rise has been the core factor of consideration leading to greater impacts throughout the globe. It further attempts, to analyse the present legal mechanisms and extends to provide with machineries, which would address both the commercial and non-commercial aspects of climate change in a wholesome manner.221 views -
An Indestructible Union? Examining the Centralising Drift in Indian Federalism
Assistant Professor at SRM University, Chennai, Tamil Nadu, IndiaPages 931 - 952Constitutions are generally considered as power maps. They create, maintain, facilitate and constrain powers. Indian Constitution, since its inception in 1950, tries to organise powers between two tiers of government – namely the union and the state (now after 73rd and 74th Constitutional Amendment three-tier – panchayat and municipality). One of the important features of the federal polity is distribution of powers between central authority and various constituent units of Government. Other features include Supremacy of the Constitution, written Constitution, rigidity while amending the constitution and Supremacy of Courts. Though India has these features it cannot be said that India is completely federal. There are many provisions in the constitution that shows that India is more unitary than federal. Some provisions include Appointment of Governor by the Union Government as Constitutional head of the state, Parliament’s (Rajya Sabha’s) power under Article 249 to legislate on state’s subjects in the national interest, Parliament’s power to form new states and alter boundaries of existing states under Article 3 and Emergency provisions under Article 352, 356 and 360. Also, after 1950 many Constitutional amendments namely, the 42nd Constitutional Amendment, the 101st Constitutional Amendment (GST), and the transfer of subjects from state list to concurrent list has further made India less federal and more unitary. Thus, today India is Quasi-federal with strong unitary bias. This paper adopts a doctrinal and comparative analytical approach. The aims of the research are to study the centralizing drift in the Indian Constitution since 1950 especially the political and institutional drivers of centralisation, to analyse the various provisions in Indian Constitution, amendments, existing laws, policies, the judicial pronouncements and the commission reports which affects the union – state relations and to undertake a comparative analysis with other federal countries like USA, Germany and Canada. Thus the study analysis how creeping centralisation has weakened the state’s autonomy and the need of cooperative federalism to preserve India’s diversity and democracy.321 views -
Environmental Social Responsibility in India: Pathways to Sustainable Growth and Inclusive Development
Assistant Professor at Dr B.R Ambedkar Law College, Hyderabad, IndiaPages 953 - 960Environmental social responsibility is one of the remarkable developments in the 21st century. In regards to the corporate response the ESR has contributed significantly towards the climate goals and protection of the environment from hazards of pollution. Environmental Social Responsibility (ESR) has originated as a critical framework for integrating the economic progress of the nation with ecological integrity and social equity. As the nation undergoes rapid industrialisation, urban expansion, and demographic pressures, the imperatives of sustainable growth demand a robust and integrated approach that transcends traditional environmental protection models. ESR situates environmental stewardship within a broader socio-economic context, emphasising the collective obligation of government, industry, and civil society to safeguard natural resources, mitigate environmental degradation, and promote inclusive development. This paper examines the evolving landscape of ESR in India, tracing its normative foundations in constitutional mandates, legislative frameworks, and judicial interventions that have progressively expanded the scope of environmental rights and responsibilities. The study highlights the role of corporate entities under Section 135 of the Companies Act, 2013, where Corporate Social Responsibility (CSR) has increasingly incorporated environmental priorities such as renewable energy adoption, waste management, biodiversity conservation, and climate-resilient community initiatives. It underscores that ESR goes beyond compliance-driven environmental management to foster proactive, ethically grounded actions that generate shared value. Drawing on case studies from public and private sectors, this research analyses how ESR-driven strategies, ranging from green supply chains and circular economy models to community-based natural resource management, contribute to long-term sustainability while enhancing social inclusion, particularly for vulnerable and marginalised populations disproportionately affected by environmental risks. The paper further explores the intersection of ESR with India’s commitments under global frameworks such as the Paris Agreement, the Sustainable Development Goals (SDGs), and national policies like the National Action Plan on Climate Change (NAPCC). Ultimately, this paper proposes key pathways for embedding ESR into India’s developmental trajectory: robust policy integration, enhanced corporate accountability, participatory governance, green innovation, and community empowerment. By institutionalising ESR across all levels of society, India can advance a development paradigm that is not only economically sustainable but also socially inclusive and environmentally resilient.169 views -
Nepal: The Buffer State between India and China
Student at St. Joseph's College of Law, Bengaluru, Karnataka, IndiaPages 961 - 968Despite being a small landlocked state in the Himalayas, Nepal commands geostrategic significance and acts as a security bulwark for its neighbours India and China. In addition to their security interests, these formidable powers are courting Nepal to expand their spheres of influence and to ultimately establish themselves as the regional hegemon in South Asia. In this paper, the conflictual and cooperative Nepalese relations with India and China and the impact on Nepal’s foreign policy is explored. Furthermore, this paper presents a comparative study of Nepal’s foreign policy with Bhutan, Taiwan and Switzerland’s foreign policies.425 views -
Corporate Sustainability in Transition: Mapping India’s Shift from CSR to ESG
Student at Bennett University, Greater Noida, Uttar Pradesh, IndiaPages 969 - 984The 21st century faces the dual challenge of economic growth and climate change, with scientific consensus urging drastic emission reductions. India is also one of the major emitters that must balance development needs with sustainability imperatives, necessitating corporate involvement in climate action. This paper evaluates whether Indian corporate law has evolved enough to tackle the climate crisis by critically comparing CSR’s expenditure-based framework with the emerging Environmental, Social and Governance (ESG) paradigm. Using a doctrinal and comparative methodology, the paper analyses statutory provisions, judicial precedents, SEBI’s Business Responsibility and Sustainability Reporting (BRSR ) framework, and regulatory trends across the EU, US, UK, Australia, South Africa, and Asia (China and Singapore). While CSR mobilised corporate funds, it often remained a compliance exercise lacking impact assessment and governance integration. By contrast, ESG emphasises measurable performance, fiduciary duties, and investor-driven accountability. The analysis reveals that ESG in India is still nascent, limited to top 1,000 listed companies, and vulnerable to greenwashing, regulatory fragmentation, and lack of independent verification. The paper argues that reforms are essential embedding ESG into fiduciary duties, mandating third-party audits, expanding scope to SMEs, and aligning disclosures with financial reporting. The contribution of this paper lies in mapping India’s halfway transition from philanthropy to governance and proposing a roadmap for transforming ESG into a credible corporate law mechanism capable of addressing the climate crisis.287 views -
Case Commentary on Shayara Bano and Others v. Union of India and Others
Advocate at Civil Court, Banda, Uttar PradeshPages 985 - 992There are certain cases which shapes the future of mankind in a particular society. The reason being that some of these cases are applicable on particular sections of the society. It has a tremendous effect on that particular section of society. One such case is Shayara Bano v. Union of India. This case is related with the issue of instant triple talaq (also known as talaq-e-biddat). It is one of the forms of talaq in Muslim law. Though it is not supported by all but it continues to prevail in the society. This case raises mainly three issues namely: Whether this form of talaq is Islamic in nature, whether is it protected by the Article 25 of the Constitution and whether it violates Article 14 or 15 of the Constitution of the India. This particular case deals with all those issues and the Hon’ble Court has decided to set aside this practice with the majority of 3:2.329 views -
From Compassion to Conscience: A Critical Study of Selected Poems from Tell Me, Please… by Abnish Singh Chauhan
Research Scholar (Ph.D) at Department of English, BIU College of Humanities & Journalism, Bareilly International University, Bareilly, IndiaPages 993 - 1008Abnish Singh Chauhan’s Tell Me, Please... (2025) offers a profound meditation on the emotional, moral, socio-cultural and spiritual dimensions of human existence. Marked by lucid diction, lyrical precision, and reflective depth, the collection charts a transformative journey from compassion to conscience, tracing the evolution of the self from empathetic awareness to ethical realization. This study interprets Chauhan’s poetic vision through the intersecting frameworks of Humanism, Ethical Modernism, and Postcolonial Poetics, examining how his verse reaffirms the sanctity of individual conscience while engaging critically with the moral and socio-cultural dissonances of contemporary life. Accordingly, the selected poems—“A Small Desire,” “Poetry,” “The Treasure,” “The Unread Book,” “The Mountain,” “Your Words,” “Silence,” “Spring,” “A Paper,” and “The People of Braj” embody a deeply humanistic ethos that harmonizes aesthetic sensibility with ethical reflection, positioning the poet as both contemplative seeker and moral participant. Situated within the evolving continuum of Indian English poetry, from early humanist articulations to post-liberal ethical modernism, Chauhan’s poems emerge as a significant contribution to the enduring dialogue between art and morality, reasserting the transformative power of verse as a vehicle for socio-cultural continuity, spiritual renewal and the enrichment of human understanding.257 views -
Ratan Tata and the Architecture of Sustainable Organisational Leadership
Student at School of Law, ITM University, Naya Raipur (C.G.), IndiaPages 1009 - 1018In contemporary relevance, sustainable organisations are defined not merely by economic gains or financial aspects but by their commitment to integrity, environmental stewardship, social responsibility, and most importantly, following legal compliance. The Tata Group, under the visionary leadership of Late Shri Ratan Tata, exemplifies this multidimensional approach. Through his exemplary leadership, Shri Tata demonstrated that the true purpose of business is not just personal gain, but service to society and care for the environment. This chapter explores how Shri Tata’s leadership, rooted in ethics, empathy, and foresight, shaped sustainable business practices that align with India’s legal frameworks, such as the Companies Act, 2013, the Environment Protection Act, 1986, and the Indian Trusts Act, 1882. His approach to Corporate Social Responsibility (CSR), labour welfare, and environmental governance showcases a model where legal obligations were not constraints, but foundations for institutionalising integrity and long-term value. By examining key decisions like the acquisition of Jaguar & Land Rover, the launch of the Tata Nano, and the enduring social impact of Tata Trusts, this chapter argues that true leadership operates at the intersection of law, values, and visionary strategy. The chapter argues that sustainable leadership is about creating value that transcends numbers and leaves a lasting positive impact on the globe, and to this, Late Shri Ratan Tata is the one &advocates for a new generation of leaders to build organisations that comply with the law not merely as a duty, but as a vehicle to achieve equity, justice, and sustainability.248 views -
Legal Implication of Improper Admission and Rejection of Evidence in Trial
Associate Professor at Department of Law, University of Allahabad, Prayagraj, Uttar Pradesh, IndiaPages 1019 - 1028The Indian society is credited for its heterogeneity, powerful democracy, and observance of spirit of Rule of Law. Indian criminal justice system is also pervaded with the modern outlook along with classical sense of justice. Dharma was the very foundation of ancient criminal justice system. Preamble of the Constitution focuses on different dimensions of justice, namely social, political, and economic. Recently, we have witnessed major reforms in criminal law as three important legislations were enacted by the Parliament, which enforced from first day of July 2024. These reforms have brought structural changes, created new normative principles, and challenges to the police, court, and correctional agencies. However, it is a fact that fundamental assumptions, underlying principles, and rules have remained intact despite of incorporation of new rules to cope with modern advancement and technological development. The recent changes were made to laws and institutions more responsive, fair, just, and neutralize the gap between law in words and law in action. It would be required to radicalize the profile of Indian criminal jurisprudence. In this backdrop, it has been tried to analyse the significance of evidence in general. Admission of proper evidence would lead to justice-oriented decision, and rejection of unnecessary evidence will also save the time of the court, parties, and enforcement machinery. The legal effect of improper admission of evidence as well as rejection of evidence by the trial court, has been discussed in this research paper. Analysis of laws relating to other jurisdictions is also a natural corollary of this inquiry.268 views -
The Evolution of Legal System in India: Harnessing the Power of Artificial Intelligence for Machine Politics in Legal Field of Corporate Lawyer or Litigators
LL.M. Student at Jain (deemed to be university), School of Law, Bengaluru, Karnataka, IndiaPages 1029 - 1039Have you noticed how Artificial Intelligence (AI) is shaking things up in the legal world? It’s especially making waves in corporate litigation. Some lawyers are worried about losing their jobs, but let’s be real, AI is more like a super helpful sidekick that works with us, not takes our jobs away! The legal field is always looking for ways to get smarter, and AI is here to help with info analysis, research, and giving us advice. Tools like ChatGPT are showing us how AI can speed things up, help us write better, and make our decisions even better. AI is totally changing how lawyers handle the everyday stuff. From digging up case law and checking contracts to looking at documents and guessing what might happen next, AI makes us more productive and saves us time on boring tasks. This means we can focus more on big ideas and talking to our clients. Plus, AI makes it easier for clients to get answers by using chatbots and virtual assistants to handle simple questions and be more available. For example, in contract reviews, AI can spot potential problems, make sure everything’s legal, and look at past data to plan for the future. Even though some people are worried about AI, it’s important to remember that learning how to use it is the best way to handle its impact. Lawyers who use AI in their work can make their jobs better, run things more smoothly, and even beat out more experienced lawyers. In fact, AI can even give younger or less experienced lawyers access to insights that were once only for the big shots! To really shine with AI tools like ChatGPT, you’ve got to be a whiz at crafting great prompts and understanding what the AI spits out. This is where being a sharp thinker and planning ahead comes in handy, especially in the legal world.178 views -
Speech Regulation in the Algorithmic Age: An Indian Perspective
Assistant Professor (Law) at Maharashtra National Law University Mumbai, Maharashtra, IndiaPages 1040 - 1049The shift of public discourse onto digital platforms, now curated by algorithms, presents fundamental challenges to free speech under Article 19(1)(a) of the Indian Constitution. With over 800 million internet users, social media is crucial for Indian democratic deliberation. The paper argues that algorithmic governance has destabilized the ‘safe harbour’ distinction between a ‘publisher’ and a ‘passive conduit’. Modern platforms actively prioritize and amplify content, engaging in a form of automated editorial control that erodes their immunity. This positive control has also rendered the traditional ‘push’ and ‘pull’ media classifications redundant, replaced by a ‘predictive push’ model. India’s response, through the IT Rules, 2021, shifts the legal framework to a ‘compliance-first’ model. This requires ‘Significant Social Media Intermediaries’ (SSMIs) to exercise ‘due diligence’ and deploy automated filtering tools. However, this assertive state regulation, coupled with private algorithmic curation, risks a ‘chilling effect’ through automated censorship and intermediary liability. Key algorithmic practices such as shadow banning, context collapce and bias, personalisation etc. violate constitutional rights. The current Indian ‘command-and-control’ approach, focused on swift takedowns, contrasts with the systemic oversight and transparency required by the EU’s Digital Services Act (DSA). The paper concludes that an ‘Indian perspective’ must reject both data colonialism and digital authoritarianism, striving for a ‘digital constitutionalism’ to protect the right to speak, be heard, and dissent281 views -
Technology-Assisted Behavioural Therapy (e.g.,VR,Apps) for Experiential Learning in Differently Abled Students
Research Scholar at Janardhan Rai Nagar Rajasthan vidhyapeeth (Deemed to be University), Udaipur, Rajasthan, IndiaPages 1050 - 1060This Paper study examines the role of Technology-Assisted Behavioural Therapy (TABT) in enhancing experiential learning for students with disabilities. With the growing integration of digital tools such as virtual reality (VR), mobile applications, wearable devices, and artificial intelligence (AI), these studies offers interactive, adaptive, and immersive learning environments that address the limitations of traditional behavioural and pedagogical approaches. The research highlights how TABT supports behavioural modification, emotional regulation, communication, and social skill development in learners with conditions such as autism spectrum disorder (ASD), ADHD, learning disabilities, and sensory impairments. Global case studies demonstrate improved engagement, personalized learning pathways, and data-driven decision-making for educators. However, the study also identifies significant challenges, including data privacy concerns, risks of over-reliance on technology, algorithmic bias, infrastructural barriers, and the lack of standardized regulatory frameworks in India. The findings emphasize the need for indigenous technological solutions, teacher training, inclusive policies, and evidence-based evaluation. Overall, the study concludes that TABT has strong potential to transform special education through experiential learning, provided it is implemented ethically, equitably, and with cultural relevance.107 views -
Adaptive and Immersive Technologies for Behavioural Growth: A Study on Enhancing Experiential Learning in Disabled Student
Research Scholar at Janardhan Rai Nagar Rajasthan vidhyapeeth (Deemed to be University), Udaipur, Rajasthan, IndiaPages 1061 - 1071This paper examines the role of Technology-Assisted Behavioral Therapy (TABT) in enhancing experiential learning for students with disabilities. With the increasing integration of digital tools such as virtual reality (VR), mobile applications, wearable devices, and artificial intelligence (AI), these study explores how these technologies provide interactive, adaptive, and immersive learning environments that overcome the limitations of traditional behavioural and educational approaches. The research highlights how TABT assists in behaviour modification, emotional regulation, communication, and social skills development in learners with conditions such as Autism Spectrum Disorder (ASD), ADHD, learning disabilities, and sensory impairments. Global case studies demonstrate improved engagement, personalized learning pathways, and data-driven decision-making for educators. However, the study also identifies significant challenges, including data privacy concerns, the risks of over-reliance on technology, algorithmic bias, infrastructure limitations, and the lack of a standardized regulatory framework in India. The findings emphasize the need for indigenous technological solutions, teacher training, inclusive policies, and evidence-based evaluation. Overall, the study concludes that TABT holds immense potential to transform special education through experiential learning, provided it is implemented ethically, equitably, and with cultural relevance.186 views -
Guarding Innocence: A Comparative Analysis of International and National Child Protection Laws on Child Pornography.
PhD Scholar at Rabindranath Tagore University, Bhopal, M.P., IndiaPages 1072 - 1082This research presents a comparative analysis of the international child protection framework, highlighting India’s statutory measures against child sexual abuse, particularly the Protection of Children from Sexual Offences Act (POCSO) Act, the Information Technology Act, and the Bharatiya Nyaya Sanhita. The researcher has attempted to understand various legal frameworks surrounding the offences against children, specifically, online child sexual abuse. This is a study of laws globally that aim to protect children from online abuse. While India’s legal provisions reflect International standards in defining offences, prescribing stringent penalties, and promoting child-friendly judicial procedures, significant gaps persist in institutional mechanisms when compared with countries such as the United States, Australia, and Canada. India’s non-signatory status to critical international conventions, including the Budapest Convention on Cybercrime and the Lanzarote Convention on the Protection of Children Against Sexual Exploitation, limits cross-border cooperation, delays evidence-sharing in transnational cases, and hampers coordinated action against online child sexual abuse material (CSAM), particularly on encrypted or foreign-hosted platforms. The study also attempts at making various suggestions to strengthen the present ‘child sexual abuse’ oriented laws with the help of international cooperation and amendments in present national laws. Key recommendations include aligning national cyber laws with international standards, establishing district-wise Child Advocacy Centers, developing a secure sex offender monitoring system, and enhancing digital forensic and cyber policing capacities. Intensified public awareness and preventive measures are also emphasized as critical components of a resilient protection system. Ultimately, safeguarding our future generation is not just a legal obligation of a nation, it’s our moral duty, a responsibility as a growing power. It’s important to understand that children are the most vulnerable yet the most crucial part of a society, the security of which, directly effects the growth of a nation. In this era of cyber space where offences transcends boundaries, it’s imperative for nations to come together, and combat these crimes, through resilient legal framework and mutual cooperation that aligns with international conventions.546 views -
Re-Examining Indian Space Activities Bill: Structural Gaps, Commercialisation, and the Need for an Effective National Space Law
Student at Symbiosis Law School, NOIDA, IndiaPages 1083 - 1095The forthcoming Indian Space Activities Bill, which addresses the regulatory and structural shortcomings of the Draft Space Activities Bill, 2017, will mark a gradual and significant transition of the Indian space administration to a more international, coherent and future-oriented focus, aligning with Indian economic ambitions. By replacing the obsolete 2017 draft, emphasis will be laid on a more focused and strategic road to India's ambition to scale its space economy of 44 billion dollars by the year 2033. This research article will focus on the major guidelines and policies maintained by the Department of Space (DOS). As per the Government of India, DOS has the major responsibility for space activities in India. In this research paper, India's aspiration for a pivotal central law will be analysed, governing the aeronautic sector to minor satellite policies, guidelines, and executive framework, which function as a de facto "minor space law". There will also be a scrutiny of the legal gaps concerning space object registration and commercial launches, whether the government can put more to this forthcoming bill to include Indian companies to make commercial launches or use an aeronautical platform to address customers with a wider range of products, This paper examines the Bill's core provisions, its alignment with international norms, and its potential to unlock a robust legal architecture for India’s burgeoning space industry. The main rationale of this paper is to scrutinise the provisions of the bill, analyse its legislative intent, evaluate its consistency with other contemporary international space law obligations, and offer practical solutions for strengthening India’s administrative space regime.411 views -
From Friction to Fact: CSI Influence on Forensic Community
Adjunct Faculty at Department of Forensic Science, Bangalore University, Karnataka, IndiaPages 1096 - 1108The growing prominence of forensic science in the legal system has been mirrored by its increasing popularity in media, particularly through crime scene investigation (CSI) series and films. These shows have captivated Indian audiences with their blend of crime, mystery, and intellectual intrigue, sparking widespread interest in forensic science. A study conducted in Bengaluru involving 502 respondents from various professions-including students, researchers, academics, and forensic experts-across two age groups (18-25 and 26-40) explored the positive impact of CSI media on both the forensic community and the general public. The findings were telling: 87.6% of participants reported that CSI shows increased their interest in pursuing a career in forensic science. 81.7% believed that these shows positively influenced public perception of forensic science. 73.9% agreed that CSI series contributed to a greater demand for forensic evidence in legal proceedings. 71.5% stated that such content encouraged them to explore related topics and engage more deeply with forensic science and criminal psychology. These results underscore the significant role that CSI media play in raising awareness, shaping career aspirations, influencing legal expectations, and fostering curiosity about forensic science. The study highlights the potential of popular media to not only entertain but also educate and inspire interest in scientific disciplines like forensic science.278 views -
Uniform Civil Code: Is the Time Ripe?
Assistant Professor at Indira Gandhi Law College, Kothamangalam, Ernakulam, IndiaPages 1109 - 1123The Uniform Civil Code (UCC), envisaged under Article 44 of the Indian Constitution as part of the Directive Principles of State Policy, has long been a subject of debate and constitutional aspiration. The provision, though non-justiciable, reflects the framers’ vision of ensuring legal uniformity in personal matters across all communities to strengthen national integration and gender justice. Despite repeated judicial exhortations in landmark cases such as Mohd. Ahmed Khan v. Shah Bano Begum and Sarala Mudgal v. Union of India, the UCC remains unrealised due to persistent social, political, and religious apprehensions. The resistance, rooted in the Constituent Assembly Debates, primarily concerns cultural diversity, minority fears of majoritarian imposition, and the perceived conflict between personal laws and religious freedom under Article 25. This paper critically examines these arguments alongside justifications for the UCC, highlighting its role in securing equality under Articles 14 to 18, rectifying gender-based discrimination, and advancing social reform. It also assesses contemporary challenges and proposes a phased, consensual approach, echoing Dr. B.R. Ambedkar’s recommendation for gradual acceptance before universal enforcement. The study concludes that while societal readiness remains contested, a well-intentioned and inclusive UCC is imperative for realising constitutional ideals of secularism, equality, and justice.121 views -
Maternal Incarceration and Child Rights: A Constitutional Perspective
Assistant Professor at Department of Law, Punjabi University Patiala, Punjab, IndiaPages 1124 - 1140Prison is a place for the incarceration of the individuals who have been remanded in custody by the judicial authority and whose liberty is deprived following conviction for a crime. It is a place which is used permanently or temporarily for the detention of the prisoners under the order of government. However, it is not a right choice as a living place for the children as it hinders their growth and development. It does not provide that kind of physical and social environment which is important for their growth. Their brought up in prison encounter wide range of difficulties including social, educational, economic, psychological and environmental ones. Time to time our Indian Constitution, statutory provisions and Judiciary protect the rights of children from any type of violation. Moreover, the Indian Constitution creates an obligation on the State to ensure their holistic development. The research paper examines the constitutional framework regarding the rights and welfare of the children living with their inmate mothers in prison without any cause.52 views -
Human Rights of the Gig Workers in India: An Analysis
Assistant Professor at Department of Law, Punjabi University Patiala, Punjab, IndiaPages 1141 - 1154The fast expansion of India’s gig economy has fundamentally reconfigured employment relations, leading to the proliferation of platform-based gig work. While offering flexibility and new income opportunities, the gig economy has also raised significant concerns about the safeguarding of gig workers’ human rights. The uncertain employment status of gig workers often excludes them from the protection of traditional labour and social security laws, leading to inadequate access to basic rights including fair wages, social security, occupational safety, dignity at work and collective bargaining. This paper undertakes a critical analysis of the extent of protection of human rights of gig workers in India by examining constitutional guarantees, four labour codes and other laws. The paper identifies significant gaps in legal protection arising from the classification of the gig workers as independent contractors rather than employees. It concludes that effective protection of gig workers’ human rights is essential for aligning India’s gig economy with constitutional values and international human rights obligations.35 views -
DNA Evidence and Human Rights: A Comparative Study of Indian and Australian Jurisprudence
Assistant Professor at the Indian Law Institute, New Delhi, IndiaPages 1155 - 1163The admissibility of DNA evidence plays a crucial role in criminal justice systems, influencing case outcomes while raising significant human rights concerns. This paper provides a comparative analysis of the legal frameworks governing the admissibility of DNA evidence in India and Australia, focusing on relevant legislation, judicial interpretations, and human rights challenges. In Australia, DNA evidence is regulated under the Uniform Evidence Act 1995, Crimes Act 1914 (Cth), and various state-based Crimes (Forensic Procedures) Act 2000, ensuring strict procedural safeguards, reliability, and adherence to privacy standards. In contrast, India lacks a comprehensive legal framework, relying on provisions from the The Bharatiya Sakshya Adhiniyam, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the proposed DNA Technology (Use and Application) Regulation Bill, 2019, which remains pending legislative approval. The absence of standardised procedures in India raises concerns about the misuse of DNA data, improper collection methods, and violations of fundamental rights under Article 21 of the Indian Constitution. This study critically examines the key challenges in both jurisdictions, including the ethical implications of DNA databases, risks of wrongful convictions, consent requirements, and data retention policies. By analysing landmark judicial decisions and statutory provisions, the paper identifies best practices that India can adopt from Australia to enhance the admissibility and ethical use of DNA evidence. The research concludes with recommendations for policy reforms aimed at ensuring a balance between forensic advancements and the protection of human rights in both legal systems.63 views -
Enforcement of Human Rights at National and International Level: A Comparative Legal Analysis
Assistant Professor at Rabindranath Tagore University, Bhopal, Madhya Pradesh, IndiaPages 1164 - 1171Human rights are fundamental, universal, and inalienable rights inherent to all individuals, irrespective of nationality, race, religion, gender, or status. They constitute the foundation of human dignity, equality, liberty, and justice and include civil, political, economic, social, and cultural rights essential for democratic governance and the rule of law. The concept of human rights has evolved from natural law theories to modern constitutional and international legal frameworks. The twentieth century marked a major transformation, as human rights became an international concern following widespread global conflicts and violations. This development led to the establishment of the United Nations system and key instruments such as the United Nations Charter, 1945, and the Universal Declaration of Human Rights, 1948, which laid the normative foundation for global human rights protection. At the national level, human rights are protected through constitutional provisions, legislation, judicial interpretation, and institutions such as Human Rights Commissions. Constitutional courts play a crucial role in enforcing fundamental rights and ensuring State actions comply with constitutional principles and the rule of law. At the international level, enforcement mechanisms include treaty bodies, charter-based institutions, regional human rights systems, and reporting procedures. However, their effectiveness largely depends on State cooperation, as international bodies lack strong coercive enforcement powers compared to domestic systems. This study examines the development, structure, and functioning of human rights enforcement mechanisms. It critically evaluates their effectiveness, identifies gaps, and explores the interaction between national and international systems in strengthening accountability and human dignity across jurisdictions.40 views