Air pollution is one of the major environmental threats in the world, and nowadays the impact of air pollution affects major cities. India is a major contributor to air pollution in the world, with the highest pollution rates. This not only affects the living organisms that inhale the air, but it’s gradually affecting both the economy and society. The main victims of this pollution are less immune people and older people; the chances of causing problems for them are easy. So this paper delves into constitutional mandates concerning urban air quality with special reference to constitutional provision article 21 and control measures in India. Article 21 protects the right to life and personal liberty as fundamental rights. The right to life word mentioned in this article has broad meaning enough to include the right to a pollution-free environment, so it includes clean air as a fundamental right. The judiciary today upholds the importance of adding clean air under Article 21. The role of Judiciary is vital for a pollution-clean environment. This article starts by looking into a comprehensive view of the status quo of urban air pollution in India, focusing on its adverse effects and impacts on public health, environmental sustainability, and economic productivity. Next, focus on the constitutional frameworks that provide protection to the environment and the evolution of Article 21 and its impacts on environmental protection. In landmark judgements like McMehta v. Union of India and Subash Kumar v. State of Bihar, the paper elucidated the judicial interpretation of Article 21 and its implications for pollution controls. Furthermore, this also examines constitutional mandates and other excusive legislation, such as the Environmental Protection Act of 1986 and the Air Prevention and Control Act of 1981, to examine its mechanisms for addressing urban air quality threats. And also highlights the role of international covenants and agreements such as the Stockholm Declaration and the Paris Agreement in shaping Indian pollution laws and legal obligations. So by examining the legal provisions, judicial pronouncements, and policy initiatives, this article finds out the strengths, limitations, and potential gaps in the existing legal frameworks for controlling urban air quality. Furthermore, it is looking into the practices of other jurisdictions about pollution control to escalate the constitutional mandate for pollution control in India. Finally, the paper combines legal studies, environmental science, and public policy to help us understand constitutional provisions for air quality. It also provides information to policymakers, lawyers, and environmental activists to reduce the effects of air pollution on humans and nature.
Volume 6, Issue 6 / 2024
Articles · 32
This paper considers the contemporary legal and ethical debates on the right to die with dignity in euthanasia, passive euthanasia, and advance directives end-of-life decision-making process. It finds footings in judgments beginning with Common Cause v. Union of India and Harish Rana v. Union of India. Issues considered involve an intricate interplay between personal autonomy, law limitations, and cultural values. This analysis takes advantage of the variety of international approaches, from progressive legislation in assisted dying in Canada to regulatory frameworks in Europe, in underlining the global movement toward respecting the autonomy of individuals in end-of-life care. This paper reports how current legal systems do not allow end choices freely rather provide only for passive euthanasia, though with the severest guidelines imposed in India. Procedural steps have recently been relaxed as a circumspect movement towards personally chosen decisions within the benevolent yet legally protected bounds. The said future avenues through which informed decisions may then be made at the end include the simplification of legal processes, raising public awareness, and even greater extension of palliative care. The paper is an appeal for balanced policies regarding the sanctity of life and maintaining the dignity of autonomous choice. One of the most sensitive moral questions facing modern health care. It calls for policies that meet ethical standards by comparing respect for individual rights with care and providing a compassionate human framework in end-of-life care.
The abuse of rights can manifest in various realms, encompassing legal, social, and interpersonal spheres. When individuals exploit their rights, innocent parties may bear the brunt of adverse consequences. This is particularly evident in instances where men face unjust accusations of misconduct or crimes they did not commit For instance, within the legal system, individuals may make false claims against men, resulting in wrongful convictions or unjust legal proceedings. Such instances can transpire in criminal, civil, or family court cases involving matters like child custody, divorce, or domestic violence. The inappropriate use of legal rights can inflict substantial harm upon innocent men, including the loss of liberty, damage to reputation, financial ruin, and emotional distress. In social and interpersonal contexts, some individuals may misuse their rights to propagate false rumors or tarnish men's characters. This misconduct can lead to social isolation, job loss, and strain personal relationships. Moreover, there are cases where women may wield their rights to accuse men of sexual misconduct or harassment without adequate evidence or justification, resulting in a damaging stigma, diminished employment prospects, and adverse psychological effects for the accused. It is imperative to acknowledge that while the misuse of rights can cause significant harm, such occurrences are relatively infrequent compared to the multitude of legitimate claims and cases brought forward. However, when such misuse occurs, it is crucial for society to address these issues through legal and social systems that ensure fairness and justice for all.
With boundaries between the digital and the physical blurring, this leads to a metaverse which is essentially a big, immersive universe that is teeming with opportunity and with danger. Virtual worlds are not just limited to video gamers anymore, but will increasingly become commerce, socializing, and cultural interchange arenas. Inevitably, this means a new frontier of crime. Cybercrimes in the metaverse have their uniqueness - from identity theft and fraud in digital property to harassment and virtual assaults. Therefore, traditional legal systems cannot accommodate nuances in this dynamic sphere, which is why this paper looks at the varied nature of cybercrimes within the metaverse. Scrutiny will be shown on how traditional cyberlaws fall short of covering avatar impersonation, thefts of virtual assets, and harassments within immersive environments. Our study will deal with jurisdictional complexities, evidentiary challenges, and privacy concerns of anonymous avatars and AI. We bridge the gap between real-world legal principles and virtual worlds by analyzing the existing legal frameworks and suggesting a roadmap for digital security in the metaverse. The research throws light on the need for global cooperation, innovative AI-based forensic tools, and ethical policies to protect both freedom and security in virtual spaces. Ultimately, the legal fraternity will have to deal with this new paradigm of reality in shaping the future when virtual worlds remain safe, equitable, and resilient.
The Monopiles and Restrictive Trade Practices Act, 1969(MRTP Act,1969) was the predecessor of The Competition Act, 2000. The MRTP Act,1969 was repealed, as, it couldn’t meet the objectives for which it was made. The Competition Act,2000 got the presidential assent on 13 January 2003. The act was implemented, with the objective, of preventing anti-competitive practices in the market. The Act, 2002 has been amended many times, i.e., in 2007, when the Competition Appellate tribunal (COMPAT) was made the appellate tribunal, in 2009 when Unfair Trade Practices (UTPs) cases pending before National Consumers Disputes Redressal Commission (NCDRC) were transferred to Competition Appellate Tribunal ( COMPAT) ,and, in 2017 when COMPAT was replaced with National Company law Appellate Authority (NCLAT) as Appellate Tribunal. The recent amendment introduced in The Competition Act, 2002 is in 2023. Many significant amendments have been brought in the Act , to meet the dynamic market structure. Many changes, like the changes in deal value threshold, reduction of the days for the approval of combinations, Hubs and spoke cartel etc. have been introduced. The amendment has been made to provide for consumer welfare and promote fair competition in the market. The changes in the primary law on competition has curbed various anti-competitive practices and monopolistic tendencies.
The constitutionality of convictions based on circumstantial evidence has always been under scrutiny and yet several convictions are based on circumstantial evidence. This makes a reader wonder regarding the legality of such convictions and the principles governing them. For a lawful conviction based on circumstantial evidence, it must be based on corroborated circumstantial evidence which forms a complete and unbroken chain of evidence. The circumstantial evidence must be consistent only with the hypothesis of guilt of the accused and must not support the hypothesis of his innocence. The principles governing such convictions has been developed through various precedents evolved through judicial interpretation of cases. The aim of convictions based on circumstantial evidence is not to infringe the right to fair trial guaranteed to the accused under the Constitution of India, but it is to deliver justice to the victim when the guilt of the accused is well established. Our judiciary has made sure to balance the rights of the accused and the plaintiff in such cases. This research paper delves into the intricate realm of convictions based on circumstantial evidence, examining the legal complexities, challenges, and implications associated with such cases. The study scrutinizes the reliability and limitations of circumstantial evidence, considering its potential impact on the justice system. The paper reviews landmark legal cases to illustrate the nuances of convictions relying on circumstantial evidence emphasizing the significance of establishing a cogent chain of events, while addressing the inherent vulnerability to misinterpretation and miscarriages of justice.
This paper analysis the women empowerment under international law. By giving in depth understanding on philosophical foundations of women rights and qualitative measures on theoretical review. This paper provides an understanding on challenges and needed progressive solutions to gender equality. This concept examines the historical evolution of human rights and acknowledges gender equality and the main function of international human treaties in focusing on causes of significant legal instruments such as UDHR in promoting the women rights worldwide. This focuses on women political involvement , economic empowerment , to fight against the violence against women and to have access to education .This study explores the legal framework, development, problems faced in women empowerment. International law provides a framework for addressing gender-based discrimination, inequality, violence and also promoting and safeguarding women rights worldwide. The main idea of this study is to improve women empowerment, to have access to justice for women, to provide adequate amount of education to women and to strengthen the legal framework made for women. In this manner there can be changes found in women empowerment under international law and these changes can help the future. This paper also mainly answers the issue related to women empowerment in International Law through theoretical methodology.
This paper examines the poor implementation of rape laws in India, particularly focusing on the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and landmark judgments such as Bodhisattwa Gautam v. Subhra Chakraborty (BNS) and State of Punjab v. Gurmit Singh (BNSS). Despite progressive legal frameworks and judicial interventions, India continues to witness systemic failures in implementing rape laws, which contribute to delayed justice, victim intimidation, and low conviction rates. This paper explores the existing legal structure, its shortcomings in execution, and the reforms needed to bridge the gap between legislation and practice.
The development of legal systems has always been intertwined with the quest for justice. AI-driven alternative dispute resolution (ADR) is a new paradigm that is evolving in the 21st century. This revolutionary method promises to improve the court system's Efficiency, accessibility, and impartiality by revolutionizing conflict resolution with Artificial intelligence. In order to improve the efficiency, accessibility, and fairness of the dispute resolution process, this hybrid approach use of both the vital role of human expertise and empathy, as well as the strengths of AI technologies, such as machine learning and natural language processing. In the current context, alternative dispute resolution (ADR) involving artificial Intelligence is necessary to provide a fair and impartial settlement between the disputing parties. However, it is evident that human emotions cannot be comprehended by an AI system, and India lacks the necessary infrastructure and resources to develop one. Additionally, even if the AI ADR system functions as intended, it will take time to train users on how to use it. And overall liability of the AI failure has been addressed. The goal of this research is to determine if AI-assisted ADR can take the role of human-assisted ADR. This article will go into the technology required, the ethical ramifications, and the usefulness of putting this paradigm into practice. It will also compare and contrast this approach with that of the majority of wealthy nations, like the USA, China, Europe, and so on.
The advent of AI has drastically impacted the functioning of the world in various aspects. It has simplified many tasks and has generated astonishing and commendable outputs that human beings were not able to accomplish. But, it has a negative impact on the Constitutional and Human Rights of the people. As a result, a system of checks and balances must be in place to limit AI's effect, particularly with regard to how it may affect job prospects. This research article's first section addresses how AI affects human rights and the constitution, with a focus on how it affects employment prospects and how it affects the world's major economies in comparison. The impact of such intersection of AI on employment opportunities is further substantiated by an empirical analysis conducted. The findings of the analysis are also shown in this Article. Also, effects on privacy due to AI have also been highlighted, specifically the mechanism of continuous authentication. The second part of this Article is about Design Thinking. Design Thinking is a process that aims to modify the whole thinking mechanism and it channelizes to refresh the thinking mechanism. The main aim of design thinking is to challenge the existing assumptions and give innovative solutions as output. It paves way for an entirely different way to think. In the field of Law, design thinking has been rarely applied and there exists a huge vacuum in this area of research. But, if we go into the roots of the Law – making process, we would realise the necessity of design thinking in the legal field. Moreover, it is in the areas of Law, where design thinking is really required. Regulations on AI’s impact on human life are formulated keeping in mind the interests of various stakeholders involved. This process involves lengthy brainstorming sessions, analysing benefits and burden of the proposed Laws on these stakeholders upon whom the Laws are to be implemented, gathering feedback, tabling them in the legislature, debating upon them and then passing them. This Article concludes with reference to India’s AI Mission and by stating that design thinking is a prospective solution to determine the point where AI’s activities have to be stopped so that it does not intersect with Constitutional and Human Rights of the people and also in their employment opportunities.
In any country, preventing and detecting crimes are essential to maintaining public safety. Historically, strategies for crime prevention and detection were reactive and resource-intensive since they depended heavily on human intuition and sparse data. But new developments in artificial intelligence (AI) provide a paradigm change by making proactive, data-driven strategies possible. Technological innovation has been one of the key driving forces contributing to the ongoing enhancement of crime control and crime prevention measures (e.g. GPS tracking and tagging, video surveillance, etc.). The use of AI in police poses important concerns about striking a balance between defending civil liberties and improving public safety. Mass surveillance, invasions of privacy, and possible discrimination are among the worries. The employment of AI can affect community faith in law enforcement. Some may perceive it as a tool for better safety, but others would regard it as a way to overpolice communities that are already marginalized or as an invasion of privacy. The application of AI in law enforcement has important ethical ramifications, especially when it comes to algorithmic bias, accountability, and the openness of decision-making procedures. This article discusses how the protection of people's fundamental rights through due process is impacted by novel methods for establishing reasonable suspicion. The rules governing data protection, the preservation of other legal and ethical standards, and the establishment of suitable safeguards are required when law enforcement agencies employ AI-based systems more frequently. Personal data is being used by both public and private sector organizations to better understand and anticipate the behavior of various groups of people and to take targeted action against specific persons. Research is still being done to better AI algorithms, lessen bias, and increase AI's efficacy in preventing crime while also looking into ways to lessen the ethical and legal issues that may arise.
This article analyses the intricate link between international law and geopolitical conflicts, emphasising the contradiction between global power dynamics and established legal principles, such as the prohibition of force, self-determination, and sovereignty. It examines the foundational concepts of international law, highlighting their implementation and resistance throughout wars. This analysis examines the efficacy of pivotal international institutions, including the United Nations (UN), International Court of Justice (ICJ), and International Criminal Court (ICC), in conflict resolution, emphasising how their effectiveness is often compromised by limitations in enforcement mechanisms and the dynamics of power politics. The essay illustrates how the principles of international law are often eclipsed by geopolitical tactics, using case studies on the Russia-Ukraine war, the Israeli-Palestinian conflict, and the South China Sea dispute. The Israeli-Palestinian conflict and the South China Sea dispute exemplify the enduring difficulties of implementing legal rules in political reality, whilst Russia’s activities in Ukraine highlight the tension between state sovereignty and strategic objectives. The article is on India's attitude to international law, emphasising a nuanced balance between strategic autonomy and compliance with legal standards. India promotes institutional change, particularly within the UN Security Council, to align with contemporary power dynamics and foster a rules-based international order. India's approach is pragmatic, as shown by its measured response to crises involving key allies or strategic interests, such as the South China Sea and the Russia-Ukraine situation. India's ability to manoeuvre within international law while safeguarding its national interests is shown by its strategic alliances and non-aligned stance. The paper concludes that international law, although capable of resolving peaceful disputes, is constrained by the selective compliance of strong governments and conflicting national interests. The conclusion asserts that the complexity of international disputes requires a pragmatic approach to global power dynamics and compliance with legal norms, exemplified by India's balanced but reformative position on international law.
Climate change affects all areas of the Earth, with oceans experiencing significant impacts causing irreversible alterations in marine ecosystems, biodiversity, and coastal communities. The oceans, which absorb around 90% of the excess heat from global warming, are facing rising temperatures, acidification, and shifting currents, all of which disrupt marine life. This article examines the diverse impacts of climate change on the oceans, including the degradation of vital ecosystems like coral reefs, mangroves, and seagrasses, which are crucial for carbon storage, coastal protection, and biodiversity. It also looks at the consequences of rising sea levels, marine heatwaves, and the loss of marine species on both the environment and the human populations that rely on the oceans for food, livelihoods, and cultural heritage. With insights from current research and international policies, the article highlights the iminent need for global collaboration and innovative solutions to handle these challenges and protect the health of the oceans, which are central to the Earth's climate system and the future well-being of humanity.
A performer is a person who creates something by his own hard work and performs it for an audience. Therefore, it's critical to preserve their creations. Artists and performances are protected by the copyright statute. Numerous artists have been embraced by AI's creative potential, which has also given them the means to produce cultural works. Additionally, AI technology opens up new avenues for improving human performance. The swift development of artificial intelligence (AI) technology poses important queries about who is responsible for copying artist performances on video-sharing websites. Even while the Copyright Act in India offers performers a high level of protection, the current legal system still has flaws when it comes to large AI imitations on YouTube and other video-sharing websites. In order to determine whether current legal frameworks sufficiently handle the complexity of AI-based performance imitations, this study explores the concepts of culpability of AI and vicarious liability as they relate to AI developers and operators .
Copyright in television shows is a complex and growing subject of law. Television programs are covered by the Copyright Act of 1957 for copyright protection. When someone copies, distributes, performs, exhibits, or creates a derivative work of a work that is protected by a copyright without the owner's consent, that is considered copyright infringement. A television program may have a variety of components that are covered by copyright, such as the underlying screenplay, the cinematography, A television show's copyright also covers the rights to make prequels and sequels, as well as rights to commercialize the program. The copyright of television shows presents a variety of difficulties. Unauthorized television shows streaming on websites is one problem. Copyright in television shows is a complex and important legal area. Copyright holders have several legal options for defending their rights. However, it is now easier than ever to gain unauthorized access to protected content because of the advancement of new technologies. Copyright will likely continue to be a contentious issue even though its future in television programming is uncertain.
This study explores the historical development and the factors influencing the social and legal standing od this minority population as it dives into the complex dynamics surrounding same-sex partnerships in the Indian environment. An analysis of ancient Indian scriptures point to a historically progressive civilization that existed before the post-colonial era, notwithstanding the opinions of those who disagree. British colonial influence led to the establishment of criminal sanctions on same -sex partnerships, particularly under section 377 of the Indian penal code, which created a hostile climate characterized by fines an imprisonment. The difficulties this disadvantaged population faced were made worse by India’s social system. India has to face its own prejudices as a result of the global movement against discrimination in the 21st century. The supreme court’s decriminalization of same sex marriage in the landmark case Navtej Johar case established a legal basis for the community’s rights and identity, which were subsequently upheld by privacy rulings. Challenges still exist despite judicial gains, demonstrating the complex interaction of social and legal factors affecting same-sex couples status in India.
Today, Artificial Intelligence (AI) is progressively being used in many unlawful activities. AI has become more active on the dark web, dealing drugs and committing cyber crimes. The use of AI in the criminal justice system offers enhanced efficiency, precision, and objectivity in decision-making processes. As AI evolves and becomes more integrated into the criminal justice system, it is critical for lawmakers, legal experts, and technologists to collaborate. There are currently no particular codified laws, statutory norms, or regulations in India that directly regulate artificial intelligence. The consequences of AI-related crimes go beyond financial losses and privacy violations, undermining societal trust in AI technologies and potentially hindering their beneficial applications. Addressing these difficulties demands a comprehensive approach that balances technological progress with strong legal and ethical frameworks to enable responsible AI usage and protect society from future risks. This research paper looks into the current status of AI applications in criminal justice, focusing on their potential benefits, problems, and ethical implications. Furthermore, the analysis attempts to define Artificial Intelligence for legal purposes, and it incorporates vicarious liability, product liability, and strict liability for AI systems by balancing the responsibilities of producers and users to determine who should be held liable when a crime is committed by Artificial Intelligence.
The internet's emergence has made the online environment an essential component in the expansion of the global economy. A technological revolution has occurred in recent years, as the Internet, web technology, and several apps have become increasingly popular. The online environment has become an essential part of international trade and services, especially for the Indian economy, as part of the larger revolution in information technology. When someone uses a trademark that is confusingly close to or identical to a registered trademark without the owner's consent, it is considered trademark infringement. Customers may be misled into believing that the infringement-related goods or services are associated with or endorsed by the owner of the trademark or that they originate from the same place as the owner's goods or services. An inherently commercial problem lies at the heart of the discussion surrounding internet intermediaries and their involvement in trademark infringement. Online trademark infringement deceives customers, damages a brand's reputation, stifles honest competition, and may lead to legal action. This paper examines the ways in which online trademark infringement affects customer trust, brand reputation, and fair competition. Focusing on the current Indian legal framework, it identifies key challenges and proposes legal remedies to address these issues effectively.
This paper compares the process of constitutional amendments in India, the United States and France. India has a flexible amendment system as provided by its Constitution in Article 368, but the Basic Structure Doctrine protects the basic principles from being changed. On the other hand, the U. S. Constitution, under Article V, is extremely rigid, requiring two-thirds majority in Congress and ratification by three-fourths (3/4) of state legislatures, so amendments occur very rarely, but when they do, they tend to be very stable. France's Article 89 allows for amendments by a three-fifths vote of parliament or by referenda, a good mix between representative and direct democracy. While these are obviously very different systems, they each represent a unique form of constitutional flexibility. This paper centers on the complicated interaction of public sentiment, the state legislatures and judicial review in the creation of constitutional amendments, and stresses the importance of federalism and decentralization on the amendment process (in different systems). Nonetheless all three countries strive to amend their constitutions in the face of modern problems but with both distinct advantages and disadvantages. This study, therefore, provides valuable insights into the trajectory of constitutional law—highlighting both the pivotal function of amendments and their essential role in safeguarding democratic governance.
Artificial intelligence (AI) refers to systems or machines that imitate human cognitive functions and is able to learn from previous data and refine its performance as it goes on doing tasks. Backgrounds of informatics and computer science have brought about noticeable progress in artificial intelligence (AI) making it an essential part of today's healthcare practice. These days, artificial intelligence (AI) is applied not only to general medicine to analyse reports, but also to oncology, radiology, cardiological diseases and ophthalmology. Artificial Intelligence using Machine Learning has supported the developed countries like the United States, China, and European nations like Germany and Italy in the medical industry. India, a developing nation that is rising decisively, is going through a major digital revolution with many startups. IBM's Watson a healthcare chatbot helps surgeons with its extensive medical expertise and data analysis skills; it is installed in hospitals in India. The purpose of this study is to examine how developing nations with an extensive array of AI-induced medical treatments can keep on offering excellent healthcare even in the absence of a set regulatory agency to monitor the use of AI. In order to emphasize the medicolegal challenge(privacy) faced by AI in healthcare, this article compares the regulatory frameworks of AI in the US, India, and Myanmar. It also explores the gaps in regulation that still exist. This study employs a normative juridical research method with an analytical approach. The conclusion we have reached through this study is that the countries are trying to incorporate AI within their existing legislation to protect patient data privacy which is still found to be insufficient.
This research paper delves into the intricate relationship between mental health and criminal responsibility, emphasising the pivotal role of forensic psychiatry in understanding legal implications. Beginning with exploring criminal responsibility and its link to mental health, the study highlights the significance of forensic psychiatry in legal contexts, particularly in conducting psychiatric evaluations to ascertain criminal responsibility. The paper examines the prevalence of mental health disorders in criminal cases and their impact on criminal behaviour, shedding light on the complexities of assessing mental health within the realm of criminal justice. It delves into the determinants of criminal responsibility in forensic psychiatry, various methods of assessing mental health in legal cases, and the challenges inherent in evaluating mental health for criminal responsibility. Furthermore, the research delves into the legal implications of mental health in criminal law, discussing the application of the insanity defence, legal standards for determining mental competence, and ethical dilemmas in assessing mental health for legal purposes. In conclusion, the paper synthesises vital findings and insights, proposing reforms in the criminal justice system to better address mental health issues in legal proceedings. It also identifies areas for further research and exploration to enhance our understanding of mental health in the context of criminal responsibility.
One of the most important aspects that stimulate innovation and creativity is the recognition of one's efforts through the grant of rights to safeguard such innovations. One type of promotion of growth is through giving of exclusive rights in the form of intellectual property rights, such as trademarks, patents, copyrights, and so on. Patents are granted to protect inventions in various fields by the Government to the inventor to give an exclusive right over the invention and to preclude others from using such an invention for any purpose for a specified length of time. As economies continue to evolve, countries are banking on the concept of the digital space, known as the "Metaverse." This is happening at a time when inflation has increased due to the ecosystem that hinders communication and cooperation, distribution nightmares and rising costs of governance which increases the urgent need for a scalable architecture. There are higher chances of increasing patent applications being filed in the field of metaverse inventions. Thus, there is a dire need to protect the Intellectual Property Rights in the ‘virtual world’. In this paper, the author analyses the challenges that Indian Patent Law shall face in the process of incorporating the surging technological inventions in the field of metaverse. Further, emphasizing a need for balance between flexible legal regulations and technological inventions developing at a fast pace.
The swift advancement of facial recognition technologies (FRT) has created challenging ethical dilemmas regarding the trade-off between personal privacy and public safety. The conflict between developing AI technologies and upholding private rights is examined in this paper. This paper examines the complex ethical, regulatory, and privacy issues surrounding the rapid deployment of Facial Recognition Technology (FRT) by law enforcement agencies in the United States (US), United Kingdom (UK), European Union (EU), and India. With FRT becoming a critical tool for crime investigation, public surveillance, and identity verification, its increased use by governments and law enforcement has raised significant concerns about privacy, civil liberties, and potential biases in implementation. In India, the widespread adoption of FRT has highlighted the country’s lack of a comprehensive legislative framework, as the Digital Personal Data Protection (DPDP) Act remains under consideration, leaving biometric data largely unprotected. While the US, UK, and EU have introduced various regulatory measures, none fully address the potential for misuse of FRT, with the US notably lacking federal oversight and relying on a fragmented state-level approach. By contrast, the EU’s General Data Protection Regulation (GDPR) and the proposed AI Act set a higher standard, demanding accountability and transparency. This paper explores the ethical challenges associated with balancing public safety, innovation, and personal privacy. Ultimately, it concludes that a global regulatory standard and stricter oversight measures are essential for responsible FRT deployment, ensuring that technological advancements do not compromise fundamental human rights. There is no standardized global human rights framework or regulatory requirements that can be directly applied to the rollout of facial recognition technology (FRT).
The connection, between property (IP) rights and the advancement of biopharmaceuticals is crucial in influencing the healthcare environment. This research delves into how IP regulations affect both innovation and the availability of medications. This study shows that while IP protections are meant to motivate research and development (R&D) by providing rights to creators they also present obstacles, to public health by restricting the affordability of critical treatments. This article thoroughly examines the impact of patent regulations and data exclusivity, on the progress of innovation and the worldwide availability of medications. After studying intellectual property frameworks and real life examples in the field this research delves into crucial aspects of intellectual property such, as patent safeguards, data exclusivity provisions and regulatory exclusivity. The investigation tackles topics like patent extensions, strategies, like "evergreening" that aim to extend market monopolies and patent thickets that may impede innovations. Through scrutinizing these mechanisms we uncover how intellectual property rights can incentivize risk research and development investments while also imposing hurdles to the market entry of cost generic drugs and biosimilars. The difficulties posed by exorbitant drug costs, delays in generic competition, and restricted access to necessary treatments are the main topics of this paper's investigation into the effects of intellectual property on public health access. A critical analysis of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and compulsory licensing is presented, emphasising the ways in which both international laws aim to strike a balance between IP rights and the demands of global health. Real-world applications and disputes in IP law are demonstrated through case studies, such as the recent TRIPS waiver discussion for COVID-19 vaccines and the use of compulsory licensing in India to address HIV/AIDS treatment costs. In order to achieve a balanced approach to intellectual property in the biopharmaceutical industry, this study ends with policy recommendations. To guarantee fair access to medications while maintaining innovation, they include recommendations for adaptable patent terms, open pricing structures, and international collaboration frameworks. The results highlight the need for changes that can be made to accommodate changing healthcare issues so that IP systems can serve the public health requirement of easily accessible therapy while also promoting biopharmaceutical breakthroughs.
Trade secrets are a form of intellectual property that provide economic value to a business due to their confidential nature. In India, trade secrets are protected by a combination of contract law, tort law and equitable principles rather than a dedicated legal framework. In India Trade secret protection is currently linked with intellectual property regime not only for the existing knowledge protection but also for many other factors like boosting of the invention, innovation, developing and improving original ideas, which not without any effective, adequate or fair protection of the trade secrets, which shall remain incomplete. By keeping the product's recipe a secret and selling it, trade secrets are crucial pieces of intellectual property that contribute to sales and popularity. Only to assist win the commercial market competition was this type of intellectual property established.. The trade secret regime allows for independent discovery and use by third parties. The positive aspect is that trade secrets are created at the time of creation and there is no cost to assert the rights. This paper helps in calculating the various ways to protect trade secrets and under which laws trade secrets should be protected and the importance and need for a uniform codified law. Giving effective protection to the trade secrets contributes significantly to the national economic development by making more trade opportunities conclusively.
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.
This paper presents a critical analysis of two distinct business structures in India: The Hindu Undivided Family (HUF) and Partnership. Rooted in traditional family dynamics, HUFs are governed by Hindu personal law and provide unique advantages such as tax benefits and continuity of family business. However, they also present challenges, including gender inequality in decision-making and a rigid hierarchical structure. Conversely, Partnerships, defined by mutual agreements among individuals, offer greater operational flexibility and shared responsibility, making them more suited to modern business ventures. This analysis examines the legal frameworks, formation processes, taxation implications, and dissolution mechanisms of both structures, highlighting their respective advantages and disadvantages. Ultimately, the relevance of HUFs and Partnerships is contextualized within the broader landscape of Indian business, with emphasis on the need for careful consideration of familial ties, business goals, and socio-economic factors. This comparative study aims to inform potential entrepreneurs and stakeholders about the implications of each structure, fostering a deeper understanding of how these frameworks can be leveraged to optimize business success while addressing contemporary challenges.
Selective mutism poses a significant challenge in courtrooms, where clear and effective communication is essential for fair proceedings.Selective mutism is more than just shyness—it’s an anxiety-driven condition that can prevent people from speaking in unfamiliar or stressful environments, like a courtroom. This condition, which is often triggered by anxiety in unfamiliar or high-pressure social settings, can make it incredibly difficult for individuals to express themselves verbally. In such a formal and intimidating environment, people with selective mutism may feel pressured, leading to silence and potential misunderstandings. To ensure justice is not compromised, it’s vital to adopt approaches that help individuals feel at ease and offer alternative ways to communicate. Simple measures, like allowing responses to be written on paper, typed on a laptop, or conveyed through gestures, can make a significant difference. With the advancements in AI and technology, tools like speech-to-text apps, video recording in familiar settings, and real-time communication aids have made it easier to bridge this gap. Creating a supportive and understanding atmosphere in courtrooms is crucial. This includes educating courtroom personnel about the condition, implementing accommodations like private sessions, or permitting pre-recorded testimonies. By embracing these strategies, the justice system can ensure everyone has a fair opportunity to present their side, regardless of communication barriers.By recognizing the struggles of those with selective mutism, we can make small yet meaningful changes.It’s about creating an environment where they feel safe and understood, ensuring that their voice is heard, even if they can’t speak it out loud.
The objective of this research paper is to study about accountability in governance, its relationship with prevention of corruption and analysis of various legislations, policies, and schemes etc. which have been implemented so far in the country for prevention of corruption. This research paper is also an effort to analyze the challenges which are being faced for ensuring accountability and transparency in the Country and certain suggestions/ reforms required in this regard.
The evolution of marine security protocols over time demonstrates the ways in which measures have evolved to preserve the maritime realm. In the past, the main concerns were keeping trade routes safe for ships and safeguarding maritime areas against pirate attacks. States began to bolster their fleets in order to safeguard their rights and ensure the safety of their vessels as trade and transportation increased. Over who controlled certain areas of the sea, there were several battles and confrontations between the states.
Natural justice, also known as common-sense justice, is based on human sense of right and wrong. It is the most widely recognized approach to government action and is considered a synonym for fairness in the context of justice. It ensures the preservation of individual interests and equitable administrative processes. The Supreme Court ruled in the Maneka Gandhi v. Union of India case that proper procedures should be followed in administrative processes to protect people’s rights. The principles of natural justice are developed with the change of civilizations. Now the principles of natural justice are firmly grounded in Articles 14 and 21 of the Indian Constitution. Following natural justice principles is essential for providing actual justice. However, there should be no limitations on expanding its horizons of natural justice until it harms other’s lives or liberties. There are no drawbacks to follow the principles of natural justice rather, there is a possibility of injustice if its components are not upheld.
This article examines how fintech ecosystems in emerging economies can surmount IP barriers in international markets through a legal-tech framework combining statutory modernization with compliance. It identifies core challenges: fragmented IP regimes across jurisdictions; enforcement gaps due to resource-constrained registries and digital-forensics; and regulatory ambiguity surrounding digital assets like stablecoins and AI code. Through comparative case studies of Nigeria, Brazil, and ASEAN members, we demonstrate that consolidating IP offices or expanding regulatory sandboxes falls short without concurrent investments in judicial capacity and technological infrastructure. Drawing lessons from Singapore’s IP Hub Master Plan, Estonia’s blockchain-based registries, and Brazil’s phased INPI digital overhaul, we propose four strategies: (1) adapt IP statutes to fintech innovations; (2) legally validate blockchain-anchored registers; (3) implement AI-driven due-diligence under transparency requirements; and (4) integrate IP education and legal-design services within accelerator programs. Coordinated KPIs and governance structures across governments, IP authorities, fintech hubs, and investors are vital for seamless execution. We advocate for multi-jurisdictional sandbox pilots that fuse regulatory reforms with tech solutions, and urge international bodies to develop model laws for cross-border IP recognition. By lowering transaction costs, boosting investor confidence, and protecting inventiveness, this framework seeks to scale sustainable fintech innovation in global markets.