International Journal of Legal Science and Innovation
The idea of gender justice is not a novel concept in the modern world. The moral rules and standards of society frequently shape an individual's identity. However, those who want to contradict these with their character traits, sexual orientations, and tendencies are frequently rejected, shunned, and labelled as the "other.". To be specific the transgender people are subjected to utter discrimination and are deprived of their fundamental human rights as a third gender. However, countries around the world laid down specific provisions and laws to eradicate the concept of gender inequality between men, women, and the third gender in socio-economic, political, legal, and another aspect of life. The research paper seeks to analyse the issues and challenges that the third gender in society faces especially in case of same sex marriages as well as to critically evaluate and examine the legal position on gender equality. Transgender rights have received a lot of attention as a result of the Supreme Court's pro-active action in the NALSA verdict; this topic will be covered in more detail in the research paper that follows. This research paper aims to shed light on the murky world of suffering and discrimination this community has been relegated to in India by highlighting the historical growth of the transgender population and making an effort to systematically analyse their positions in jurisdictions across the globe. Major issues continue affect this segment of society, despite certain beneficial advances that have helped to raise awareness and recognition of their suffering.
Copyright (c) 2024 International Journal of Legal Science and Innovation https://creativecommons.org/licenses/by-nc/4.0/
Indigenous Legal Traditions and the Meo Community: Challenges in the Modern Indian Legal Framework
India's legal system is characterised by the coexistence of statutory law and customary legal traditions, reflecting its cultural diversity and commitment to legal pluralism. Among India's indigenous communities, the Meos of the Mewat region possess a distinctive customary legal system that has historically governed marriage, inheritance, land relations, dispute resolution, and community governance through unwritten norms and traditional institutions. Although the Meos profess Islam, their legal traditions incorporate indigenous, Rajput, and Islamic influences, making them a unique example of legal pluralism in India. Over time, constitutional governance, statutory reforms, judicial intervention, and socio-economic changes have significantly influenced the operation and recognition of these customary practices. While certain customs continue to provide accessible and community-based mechanisms for dispute resolution, others face constitutional scrutiny where they conflict with fundamental rights, gender equality, and statutory law. Using a doctrinal and analytical research methodology, this paper examines the historical evolution, legal status, and contemporary challenges of Meo customary law within the Indian legal framework. It analyses constitutional provisions, statutory enactments, judicial precedents, and scholarly literature to assess the compatibility of indigenous legal traditions with constitutional values. The study concludes that preserving the beneficial aspects of Meo customary law while ensuring conformity with the principles of equality, dignity, justice, and the rule of law is essential for promoting constitutional legal pluralism and protecting India's rich legal and cultural heritage.
Copyright (c) 2025 International Journal of Legal Science and Innovation https://creativecommons.org/licenses/by-nc/4.0/
Combating Human Trafficking in India: The Role of Non-governmental Organisations
Human trafficking in the present century is one of the worst kinds of exploitation and abuse that human beings have ever known, and India continues to be a source, destination and transit country for this trade. There are so many international instruments governing the issue, yet many stones will remain unturned until the domestic legislation steps up. The Immoral Traffic (Prevention) Act, 1956 is still the main legislative tool in the field, but till date it criminalises the procurers, traffickers and profiteers without defining ‘trafficking’ per se in human beings. That gap has now been narrowed by the Bharatiya Nyaya Sanhita, 2023, which for the first time supplies a general statutory definition in Indian criminal law; but the ITPA itself stands unamended, and the two enactments do not yet speak the same language. A dedicated Bill on trafficking has been drafted twice, in 2018 and 2021, and has lapsed on both the occasions. Against this background the paper looks at the constitutional guarantees and the pronouncements of our courts, from Vishal Jeet and Gaurav Jain to Bachpan Bachao Andolan and Budhadev Karmaskar, through which the judiciary has been quite upfront in dealing with this evil. It then turns to the question in front of all of us: what can an NGO offer? It is submitted that NGOs are not merely welfare agencies but participants with a statutory foothold, they may move the Magistrate for rescue, take part in the rehabilitation process, and extend social, psychological and legal assistance long after the rescue is over. It cannot be denied that all stakeholders have to join hands together to solve this burning issue. What is required is not merely more law, but the will and the machinery to give effect to the law that already exists.
Regulating Artificial Intelligence in the Era of Data Protection: A Comparative Legal Analysis of the European Union and Indian Frameworks
The present data protection legislative frameworks are facing significant problems due to the rapid expansion of AI technology in industry, administration, and the judiciary. The regulatory frameworks of the EU and India with relation to the application of AI technology in data processing are compared in this study. The EU has created the GDPR and EU AI Act, two pieces of legislation that provide a risk-based framework for regulating AI technologies and how they affect the processing of personal data. However, as the DPDPA was passed in 2023, India is still in the early phases of creating a regulatory framework for the usage of AI technologies. Despite being a significant step forward in the evolution of Indian data protection legislation, the DPDPA lacks any provisions pertaining to artificial intelligence. Four major conclusions have been drawn from this paper's analysis of primary legal acts, court rulings, and public policies: normative material convergence in foundational norms; significant divergence in the extent of AI governance; a significant gap in the statutory treatment of automated decision-making; and an urgent need for legislative reform. The study concludes with the creation of a number of thoughtfully crafted recommendations for India that expand upon the EU's regulatory framework while taking India's development aspirations into consideration.
Copyright (c) 2026 International Journal of Legal Science and Innovation https://creativecommons.org/licenses/by-nc/4.0/
Right to Privacy in the Digital Age: Legal Challenges and Emerging Trends in India
The recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) represents a watershed moment in Indian constitutional jurisprudence, firmly embedding privacy within the framework of dignity, autonomy, and liberty under Article 21 of the Constitution. The Supreme Court, speaking through a nine-judge bench, overruled earlier restrictive precedents and held that privacy is not merely a statutory protection but a constitutionally guaranteed intrinsic right forming part of the basic structure of human dignity. This doctrinal transformation coincides with India’s rapid digitalization, where personal data has become a core resource for governance, economic activity, and algorithmic decision-making. However, the transition from constitutional recognition to effective enforcement remains incomplete due to structural regulatory gaps, weak institutional independence, and expanding state and corporate surveillance. The enactment of the Digital Personal Data Protection Act, 2023 introduces a consent-based regulatory model, yet it has been criticized for broad state exemptions and limited judicial oversight. This paper critically analyses the evolution of privacy jurisprudence in India, integrates comparative insights from foreign legal systems such as the EU’s GDPR regime and US constitutional privacy doctrine, and examines emerging technological challenges including artificial intelligence, biometric surveillance, and blockchain systems. It argues that India is entering a post-constitutional-privacy enforcement gap, where judicial recognition is strong but institutional safeguards remain underdeveloped.
When Protection Becomes Prejudice: A Constitutional Critique of Victim-Centric Sexual Offence Reform in India
This article examines India’s new victim-focused reforms under the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA). While the author acknowledge the intention to recognize victims’ dignity and remedy past injustices, the author contend that these reforms in the aggregate create a procedural imbalance in favor of victims against the accused—particularly because of Section 69 BNS, the limited defence procedures in the encoded BNSS, and the limiting definitions of evidentiary use in BSA. The author discuss how doctrines such as the concept of a “sterling witness” and selective use of forensic evidence reinforce this imbalance. To remedy this imbalance, the author propose a “Constitutional Counterweight” doctrine, borrowing from UK and Canadian jurisprudence, that allows judges as stewards of balance under the procedural reconstruction so that the rights of the accused under Articles 14 and 21 of the Constitution are never diluted in the pursuit of justice for the victim.
The POCSO-Adolescent Autonomy Dilemma: Criminalising Consensual Relationships and the Case for a Close-in-Age Exception
The Protection of Children from Sexual Offences Act, 2012 fixed the age of consent at eighteen and, in doing so, rendered every act of sexual intimacy involving an adolescent a serious criminal offence, whatever the wishes of the parties. A growing body of empirical work shows that a substantial share of prosecutions under the Act arise not from abuse but from consensual relationships between adolescents or between an adolescent and a young adult, typically set in motion by disapproving parents. Constitutional courts have responded with quashing orders, anguished obiter and appeals to Parliament, while the Law Commission of India has recommended sentencing discretion but declined structural change. This paper examines the resulting dilemma between child protection and adolescent autonomy. It argues that the blanket criminalisation of peer intimacy is overinclusive, disproportionate and inconsistent with the constitutional guarantees of autonomy, dignity and equal treatment, as well as with India’s obligations under the Convention on the Rights of the Child. Drawing on Canadian, British, German and American models, it proposes a narrowly drawn close-in-age exception, with safeguards against exploitation, as the legislative cure that judicial improvisation cannot supply.
Beyond Binary: Unraveling Transgender Identities and Examining the Interplay of Familial Acceptance, Legal Rights, and Mental Well-being in the Third Gender
Indian society has traditionally recognized only two genders—male and female—while individuals who do not conform to this binary framework have often been marginalized and excluded from mainstream social life. Transgender persons exist across all races, religions, nationalities, and socioeconomic groups; however, they have historically been denied dignity, equality, and social acceptance because of their gender identity. The rigid enforcement of gender binaries has subjected transgender individuals to confusion, distress, discrimination, and social exclusion. As one of the most marginalized communities, they frequently encounter prejudice, ridicule, violence, and violations of their fundamental human and civil rights. This paper examines the various challenges and forms of discrimination faced by transgender individuals, including social stigma, educational barriers, employment discrimination, healthcare inequalities, and legal obstacles. It further explores the crucial role of family acceptance and social support in promoting the mental health and overall well-being of transgender persons. The study highlights strategies for fostering acceptance, inclusion, and support within families, communities, and institutions. It also discusses significant judicial interventions and legal developments that have recognized the rights of transgender persons and affirmed their entitlement to a distinct gender identity. The paper concludes that while important progress has been made toward ensuring equality and dignity for transgender individuals, sustained research, policy reforms, and social awareness initiatives remain essential for creating inclusive environments and improving their quality of life.
An Empirical Study on the Legal Implications of Environmental Negligence with specific reference to the Case of Adyar River and its Impact on Public Health
What was once a pristine waterway associated with Chennai's natural heritage and layered historical significance, the Adyar River, is now a quintessential example of the callousness that is symptomatic of urban India’s environmental neglect. Rapid industrialization, rampant urbanization and the continuous discharge of untreated municipal and industrial wastes have taken their toll on the river's water quality and its eventual collapse. This is compounded by recent studies that have found 'forever chemicals' – perfluoroalkyl and polyfluoroalkyl substances (PFAS) - in concentrations where levels exceed safe thresholds by thousands of times according to IIT Madras, and carry potential health implications including liver damage and cancer. Other reports by Tamil Nadu Pollution Control Board have documented critical breaches in the river with, for example, none dissolved oxygen and extraordinarily high levels of coliform bacteria, all of which illustrate the construction of pollution which makes it impossible for the river to sustain any aquatic life. Despite the dire state of many rivers in Tamil Nadu, and environmental neglect, judicial processes such as the Southern Bench of the National Green Tribunal, although potholed with delays, have pointed to systemic problems in legal enforcement being the critical fault for the erosion of public health and environmental advocacy, and demanded immediate action. Using a mixed-methods examination leveraging the quantitative survey data with qualitative data from communities affected in Saidapet’s slums, this study will use the legal consequences of environmental neglect to scrutinize public health. In conclusion, the research presents a framework to integrate environmental governance, legal accountability, and community participation focused on sustainable restorative action for the Adyar River and healthier futures for the people of Chennai.
Legal Reforms in Real Estate: Addressing Issues of Land Acquisition and Title Disputes in India
India's real estate sector, a cornerstone of economic growth contributing 7-7.3% to GDP in 2025 and projected to reach 13-15% by 2030, grapples with persistent challenges in land acquisition and title disputes that hinder development and deter investments. Rooted in colonial legacies like the Zamindari system, which fostered exploitation and tenancy insecurity, post-independence reforms such as the abolition of intermediaries and land ceiling acts aimed to promote equity but left gaps in record keeping and enforcement. These inefficiencies manifest in delays under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, driven by inadequate compensation, lack of consent, environmental concerns, involuntary displacements and farmer protests. Title disputes arise from fragmented records, benami transactions, ambiguous inheritance laws and presumptive titling, leading to forgery, multiple claims and millions of pending court cases that inflate project costs and reduce FDI. This paper evaluates recent 2023-2025 reforms, including the New Property Law (Draft Registration Bill 2025), which mandates digital platforms for transactions and developer disclosures, and enhancements to the Digital India Land Records Modernization Programme incorporating Aadhaar-linked GIS mapping and blockchain for tamper-proof titles. These initiatives streamline acquisitions through online pre-approvals, enhance dispute resolution via fast-track tribunals and promote sustainability. State-specific examples from Maharashtra and Karnataka illustrate federal variations. Analysis shows reduced litigation by 20-30% in digitized areas, faster registrations and boosted investor confidence, though shortcomings like rural data inaccuracies and digital divides persist. Recommendations include nationwide blockchain rollout, capacity building, inclusive rehabilitation amendments and integration with sustainable development goals to ensure transparent, equitable progress.
Revisiting India’s Rehabilitative Approach to Juvenile Justice: Reflections One Year After the Pune Porsche Case
The 2024 Pune Porsche Accident sparked a nationwide debate over India’s juvenile justice system's ability to strike a balance between accountability and rehabilitation, especially for privileged delinquents. This paper closely examines Sections 15 and 18 of the Juvenile Justice (Care and Protection of Children) Act, 2015, highlights the role of procedural gaps and the impact of the absence of minimum sentencing in offences like Section 304 IPC in limiting meaningful accountability. The paper employs doctrinal analysis and compares domestic implementation with international approaches—including the notable Ethan Couch case—to demonstrate how current rehabilitative measures may inadvertently shield privileged juveniles from appropriate consequences. Finally, it offers recommendations drawn from international judicial systems, aiming to resolve the loopholes in the present juvenile justice system, advocating the need for nuanced approaches that ensure accountability without compromising the reformative goals of juvenile justice.
Factors to be Considered for Determination of Centre of Main Interest (COMI)
The idea of the Centre of Main Interest (COMI) is essential when a company has money problems in more than one country. It helps decide which country's court should handle the main case. It also allows other countries to accept and follow what that court decides. This paper aims to study the elements that are considered when establishing COMI in a multi-jurisdictional insolvency scenario. This paper describes the essential elements that influence the unification of insolvency laws among various nations. It also incorporates information from scholarly papers, case studies, and other significant texts to clarify these essential aspects.
Digital Evidence and Cyber Forensics: Facing the Real World Challenges of Law and Integrity
In today’s digital age, electronic data has become a powerful tool in solving crimes and settling legal disputes. This kind of data, often called digital evidence, includes things like emails, social media posts, digital documents, and information from smartphones. Cyber forensics is the field that deals with collecting, examining, and keeping this evidence safe. But bringing digital evidence into a courtroom isn’t always easy. Two major concerns are whether the evidence is admissible—meaning it can legally be used in court—and whether its integrity has been preserved, meaning it hasn’t been changed or tampered with. This paper looks into the common challenges in dealing with digital evidence. These include the risk of alteration, differences in legal rules across regions, and the importance of using proper methods to collect and store the data. A big part of the challenge is showing that the evidence is authentic and was gathered legally. As technology advances, cybercrimes are becoming more sophisticated, and so is the way we need to handle digital evidence. By examining real cases and current practices, this paper offers insights and recommendations to help ensure digital evidence remains trustworthy and useful in legal settings. Understanding these challenges is key to ensuring justice in our increasingly digital world.
Erosion of Traditional Family Structure: A Barrier or Catalyst of Social Change?
Change is the natural occurrence; everything changes and takes new forms, whether it is culture, family structures, values, traditions. Traditional family structure once considered as a bedrock of the society has undergone significant transformation in recent decades. From traditional families characterised by hetero-sexual married couple with biological children to diverse family forms ranging from single parent household and blended families to same-sex partnerships and cohabiting couples, challenging the traditional conception of what family should be. Family being the cornerstone of society, changing values in it brings about changes in variety of areas of life. As we often say that law and society should change with changing times and needs of its people, there are conflicting perceptions among scholars, authors, social reformers and people regarding erosion of traditional family structures. On one hand, decline of traditional family norms is seen as contributing to various social problems like economic inequality, social fragmentation and general sense of social disintegration. While others see this shift as a driver of social transformation, promoting greater inclusivity, improved gender equality, individual freedom, and adaptation to modern realities. A lot has been said & done theoretically but is there same perception amongst those who belong to such family structures? To examine these paradoxes, this empirical research aims to explore the competing perspectives of people on erosion of traditional family structure: as a barrier or a catalyst of progressive social change. This research further aims to analyse how this erosion alters the social structures due to various factors.
Transforming Governance Through People’s Power: A Constitutional Reflection on Civil Society’s Impact in India
This research paper explores how civil society in India has played a powerful role in changing the way the country is governed, with a special focus on the values and rights set out in the Indian Constitution. At its heart, the paper is about how ordinary people, organized into movements and groups, have used their voices and actions to make government more open, responsible, and fair. The Constitution isn’t just a set of rules—it’s a living tool for change, and civil society is the force that helps bring its promises to life. To understand this process, the paper looks at real-life examples where people have made a difference. It studies major movements like the Right to Information campaign, Anna Hazare’s fight against corruption, the struggle to protect the Narmada River, and recent digital activism on social media. The research also digs into important court cases that have shaped how rights are protected and how people can challenge the government. By reading court judgments, government reports, and expert writings, the paper builds a full picture of how civil society and the law work together. What makes this research stand out is the way it connects the dots between what the Constitution says, what actually happens in society, and how people can make a difference. It doesn’t just praise civil society—it also looks at the tough challenges activists face, like strict laws, government surveillance, and the risk of being sidelined or ignored. The paper argues that, despite these challenges, civil society is still essential for making sure India’s democracy works for everyone. In the end, it calls for stronger support for people’s voices and for more ways for citizens to be involved in shaping the country’s future.
Watching the Watchers: AI Surveillance, Privacy, and India’s Constitutional Vacuum in the Shadow of the EU AI Act
This paper examines gaps in India’s regulation of AI driven surveillance related to privacy and civil liberties. Laws have been passed the pace that AI surveillance is being adopted in corporate workplaces and government facial recognition systems. The Supreme Court’s K.S. Puttaswamy (2017) ruling on the right to privacy as a fundamental right does not mean however, that India has specific regulations nor effective enforcement of AI surveillance. Corporate surveillance is virtually unregulated and government surveillance is too easily lead astray with tools like facial recognition systems. The paper compares India’s approach to those of the U.S., EU and China, commenting on the EU’s rights focused AI Act, the U.S.’s stop gap measures and China’s state driven approach. The paper advocates for India to creating a coherent legal framework between technological innovation and protection of fundamental rights, and implements the globalization precedents and strengthened accountability mechanisms to prevent enhanced AI surveillance.
Quasi-Judicial Oversight and the Rise of Administrative Arbitrariness: Revisiting Natural Justice in Contemporary Governance
This paper delves into the increasing prevalence of administrative overreach by quasi-judicial authorities and its implications on the principles of audi alteram partem and nemo judex in causa sua. Employing comparative doctrinal analysis and select case law from the UK, India, and the EU, it interrogates the erosion of procedural fairness. Further, it scrutinizes the latent dissonance between delegated legislation and constitutional supremacy. Incorporating lesser-used legal doctrines such as the Wednesbury unreasonableness and sub silentio rulings, this study suggests an imperative for rekindling judicial restraint and evolving a fortified review jurisprudence. The language integrates a moderate layer of archaic terms to echo the evolution of legal traditions.
Surveillance and its Impact on Civil Liberties
Surveillance, when pervasive and unregulated, poses a direct threat to civil liberties, which are essential for a free and dignified life. In a society where every action, word, or thought is subject to scrutiny, individuals may begin to self-censor, fearing that even innocent behaviour could be misconstrued and used against them. This erosion of freedom undermines the core principles of privacy, free speech, and autonomy, replacing openness with fear. What is marketed as protection may, in reality, be fostering an environment of mistrust and caution, where individuals live under constant observation, compromising their ability to truly live freely.
Child Abuse in India: A Legal and Institutional Framework for Protection and Prevention
Child abuse is a grave violation of the fundamental rights and dignity of children. It manifests in various forms, including physical violence, emotional neglect, sexual exploitation, and lack of supervision or care. Although recognized globally, child abuse in India is a deeply under-researched issue, largely due to cultural stigma, underreporting, and systemic apathy. This essay critically analyses India's child abuse issue, with a focus on sexual abuse and neglect. It discusses the legal framework, role of the judiciary, and relevant statutes that aim to protect children. Furthermore, it examines the socio-cultural factors that hinder the effective implementation of protective measures. Through an analysis of judicial precedents, constitutional provisions, and statutory laws, the study offers a comprehensive view of the challenges and provides practical recommendations for policy and societal reform.
Role of Entrepreneurship Development among Gond Women with reference to Traditional Gond Painting
Empowerment of tribal women refers to focusing on their development through entrepreneurship thus enhancing socio-economic emancipation which will act as a medium of social change. The role of women in tribal communities has been very crucial and substantial because they face various challenges and obstacles both in-home and out of the home. Entrepreneurship development among tribal women is recognized as an element for promoting and imparting their skills thereby strengthening their managerial abilities and enhancing their socio-economic condition by promoting their traditional art and painting. Among the Gonds, though the women have contributed significantly to the development of the economy still their contribution is not well recognized. This study focuses on various factors to understand the role of tribal women entrepreneurs in the empowerment of the Gond tribe. In this backdrop, this paper explores various constraints and reasons for lack of entrepreneurship among Gond women with special focus on their traditional Gond Painting. It also aims to have an empirical study to understand the challenges in their entrepreneurship.
BCIS, Brainwaves, and Big Brother: Decoding the Battle for Mental Privacy
The rapid emergence of Brain-Computer Interfaces (BCIs) marks a defining moment in human–machine interaction, transforming thought into action and reshaping the boundaries of cognition, autonomy, and privacy. Originally developed to assist individuals with severe neurological conditions, BCIs are now increasingly being adapted for non-medical contexts, including education, employment, and surveillance which raises urgent ethical and legal questions. At the core of these concerns lies neural data: intimate, continuous, and revealing information derived directly from brain activity. This paper explores the nature of neural data and critically evaluates the regulatory responses to its collection, processing, and commodification. Through a doctrinal and comparative legal analysis, the paper examines how jurisdictions like Chile and the European Union have attempted to address the risks associated with BCIs and neural data governance. While Chile has pioneered the constitutional right to mental integrity and proposed neuro-specific protections, the EU’s GDPR which is robust in general data protection, lacks clarity when it comes to the unique vulnerabilities posed by brain data. Furthermore, after Drawing on case law, legislative developments, and international policy instruments, this paper identifies significant gaps in consent mechanisms, ownership models, and surveillance safeguards. In this backdrop, the paper argues for a future-facing legal framework grounded in cognitive sovereignty. It asks for recognition of neural data as qualitatively distinct and demands dynamic, intelligible consent, enforceable rights to access and erasure, and explicit limitations on corporate and state intrusions. It is stated unequivocally that without such controls, the monetisation of the mind risks becoming the next frontier of digital exploitation.
Abolition without Substitution Revisiting Section 377 IPC in Light of the Bharatiya Nyaya Sanhita, 2023
The decriminalisation of consensual same-sex relations in Navtej Singh Johar v. Union of India (2018) marked a pivotal shift in Indian constitutional jurisprudence toward dignity and equality. However, the complete abolition of Section 377 of the Indian Penal Code (IPC) under the Bharatiya Nyaya Sanhita, 2023, without introducing a substitute provision, creates a legal void. This research investigates the scope and impact of Section 377, examining its historical context, judicial evolution, and the legal and social implications of its repeal. The study argues that the absence of a legal framework addressing non-consensual carnal acts, bestiality, and gender-neutral protections exposes vulnerable groups to harm. It concludes by recommending statutory reforms that uphold both individual liberty and necessary safeguards.
Suicide Rates among Men: Correlating Male Suicide Rates with Legal and Social Discrimination
Violation of socio-legal promises was introduced as a significant factor affecting male suicide, as the abated suicide rates, which were higher for men than women, never went down across the world and persisted. Men die by suicide 3–4 times more than women (World Health Organization; WHO, 2023), and recently released National Crime Records Bureau (NCRB, 2023) data also show that more than 70% of all suicides in India are made by men, especially in the age category of 30–50 years. A study linking the criminalization and societal derision of men to escalating suicide figures — particularly about family relations, fictitious criminal allegations, workplace pressure, and social marginalization. Thus, judicial notice regarding Friday’s abuse of Sec 84a and its mental ramifications on men have been witnessed in many sycophantic gleanings of “Arnesh Kumar v. State of Bihar (2014)” and “Rajesh Sharma v. State of UP (2017)”. In addition, by utilizing survey-based reports from mental health organizations, the study indicates that financial stress, loss of custody of their children, and fear of wrongful allegations are profound contributors to male distress. The study calls for a gender-neutral law, male-focused mental health services, and protection from false allegations by the courts. However, even with this growing awareness, policy change has never been sufficient, and population-level longitudinal data on the why of male suicide remains limited. Therefore, male suicide will be prevented only when this holistic approach includes legal justice, mental health assistance, and a greater awareness in society. It ends with a call to address male suicides as a human rights issue, requiring legal, institutional, and social reforms to avoid losing more lives.
Evolution and Growth of ADR in India: A Legal and Socio-Economic Perspective
Alternative Dispute Resolution has emerged as a vital mechanism for resolving disputes outside the traditional courtroom framework. Alternative Dispute Resolution is a dispute redressal mechanism and a reliable source of settlement of disputes outside courtrooms. Alternative Dispute Resolution (ADR) had always been a dispute resolution from the very beginning. But it is emerging as an integral part of the judiciary in recent times. It is not a new concept but it speed up in recent years that it indicates that it is a new concept. This article evaluates recent legislative and policy developments, including the push for institutional arbitration and the introduction of online dispute resolution. Through the socio-legal lens, the study explores the potential of ADR in addressing commercial, matrimonial, and community-based conflicts. The research concludes with recommendations for strengthening the ADR framework in India to enhances its accessibility, credibility and enforceability.
The Study of Data Protection Laws in the Era of Artificial Intelligence
In recent years, artificial intelligence (AI) has experienced significant advancements. Currently, AI tools are being utilized more frequently by organizations in both the private and public sectors worldwide. The potential of AI today and in the foreseeable future offers considerable advantages for individuals, institutions, and society as a whole. Nevertheless, these technological advancements also present critical challenges, particularly regarding the relationship between AI and data protection regulations. Consequently, we face both a chance and a responsibility to assess the adequacy of existing data protection laws in the context of contemporary technological developments. The relationship between artificial intelligence (AI) and data protection legislation is becoming more complex, leading to various legal and ethical dilemmas. Although current data protection regulations, such as the Digital Personal Data Protection Act (DPDP) in India, are designed to protect personal information, they may not adequately tackle the distinct challenges that AI presents. This paper explores the existing data protection laws in India as well as examine the legal framework ,statues and case laws related to AI .The paper also evaluates the strength and weakness of the existing legal framework and provides a recommendation to address the challenges of AI and data protection.
Short-Form Content and the Law Navigating Legal Boundaries of Reels and Memes
The short-form content particularly reels and memes has an exponential growth in recent years. Due to this we can see difference in form of expression it is easy to expression in this era because of the short form content. Platforms like insta, you-tube, Facebook, tik tok(currently banned) and many more helps the users to make content which is humorous, sarcastic and often socially impactful. With the rise of the sort-form content there are also growing legal challenges like hate speech, copyright infringement, defamation, breach of privacy, platform accountability etc. which have not been enough legally explored yet. This essay examines the legality of short-form content in India and globally. It talks about important legal framework, landmark cases, accountability of platforms and duties of content creators. It gave us balance approach between freedom to make content and their accountabilities.
Corporate Insolvency Resolution Process: An Overview of the Procedural Regime and its Economic Relevance
Corporate Insolvency Resolution Process governed by Insolvency and Bankruptcy Code, 2016 deals with recovery mechanism adopted by creditors against the corporate debtor. The entire process is a constant interplay of commercial wisdom and judicial discretion. It can be initiated either by Financial Creditor, Operational Creditor or Corporate Debtor himself. Once it is accepted an interim resolution professional will be appointed and he convenes a Committee of Creditors. With the approval of Committee of Creditors, a resolution professional will be appointed, who invites resolution plans from resolution applicants. The one plan which is passed by Committee of Creditors will be sent to National Company Law Tribunal for approval. This process is guided by constant overview of National Company Law Tribunal and each step is interpreted in multiple ways by the judiciary. Moreover, the economic relevance of this process with particular focus on a developmental comparison before and after 2016 is given. In particular the decision in the matter of Essar Steel Insolvency Case and its impact in the Indian economy is analysed in detail.
A Study on Expansion of Scope of Logistics in Perspective of Intellectual Property
Every property as a good, is circulated and distributed in such a way that it reaches people in a way equitable manner, in a welfare society. This process of distribution is a huge chain which involves the labor of various contributors which involves both mental labor and physical labor. When Intellectual property as a result of intellectual labor, and its logistics is concerned, does logistics of the end result of intellect, i.e., the commodity, satisfies the logistics of Intellectual Property? Of course! It is one means of IP logistics, but not in toto. Thus, for the fullest and efficient logistics, there is a need of creation of knowledge society. This research paper, studies how an intellect could be logistically reached out to people. The existing law, which regulates the flow of technology, ensures the complete disclosure of the IP and its availability for the public utility, upon the interest of the society. But this is incomplete without the creation of knowledge society and this research paper suggests education as a means, by making an attempt to introduce the inter-discipline of IP Logistics.
An Analysis of the Role of the Indian Constitution in Protecting Digital Rights and AI Governance
The Indian Constitution, originally adopted in 1950, has proven to be a dynamic and adaptable framework capable of addressing new-age challenges, including those arising in the digital and technological spheres. With the exponential growth of digital infrastructure and the rise of Artificial Intelligence (AI), concerns surrounding privacy, data protection, surveillance, algorithmic bias, and accountability have become central to democratic governance. This essay examines how the Indian Constitution protects digital rights, explores the evolving jurisprudence around AI governance, and assesses the role of constitutional institutions in ensuring a rights-based approach to technology adoption. By analyzing legal provisions, landmark judgments, and emerging policy frameworks, the essay underscores the relevance and resilience of the Indian Constitution in the face of digital transformation.
An Analysis of Data Protection and Privacy Laws in the Banking Sector in India
The enactment of Digital Personal Data Protection (DPDP) Act, 2023 has changed the era of data privacy in India and more in particular in the banking sector. Under the Data Fiduciary model, Banks have an obligation to seek the explicit agreement of people to getting their personal data collected or processed. The Act also brings into play the concept of deemed consent in that data can be processed even where there has been no explicit agreement in some situations e.g. to comply with the law or to meet an emergency situation. To achieve accountability, the Act requires the banks to employ Data Protection Officers, perform recurring audits on data and have an improved grievance redressal system to the data principals. Another important condition is that any violation of the privacy of information or illegal sharing of that information should be reported to the Data Protection Board of India and the affected person as soon as possible. The 2023 Master Direction issued by the Reserve Bank of India (RBI) on outsourcing of IT services places stringent accountability on banks, ensuring that third-party vendors adhere to data protection standards. With the expansion of digital banking, the protection of customer data has become more critical than ever. This article evaluates the growing necessity for robust legal frameworks to safeguard customer records within India's banking system. It further examines whether existing legislations including the Information Technology Act of 2000, RBI’s cybersecurity policies, and the Digital Personal Data Protection (DPDP) Act are sufficient.