The internet has proved to be a medium of paradox in this digital age, bringing forth unprecedented opportunities for learning and interpersonal interaction but also placing children within this world, vulnerable to a plethora of risks. This article examines some of the online threats faced by young India, a country fast gaining access to the internet - also grappling with the stark reality of digital exploitation. It looks into the multiple factors of vulnerability which a child is exposed to online, including socio-economic inequality, digital illiteracy, and the ubiquitous nature of anonymous digital communications. It critically examines the legal framework in India for the protection of children online, records recent legislative measures, and highlights the deficiencies where legal provisions fall short in observing the dynamic transformation of the changing nature of threats. This paper focuses on discussing the use of technology in preventing the exploitation of children online and proposes innovative solutions and tools, available in the digital arena, that can protect children from harm. Yet it does not avoid pointing out challenges and limitations of technical and legal solutions against such crimes, transparency, enforcement, and the nature of the global Internet, which easily escapes national rights. Through this comprehensive review, this article attempts to throw light on the ongoing war of India against online child abuse and raise awareness about the intricacies involved in protecting vulnerable members of society around the digital world.
Volume 7, Issue 2 / 2025
Articles · 38
Online shopping in India has witnessed significant growth, driven by increasing internet penetration, changing consumer behaviour, and the convenience of digital transactions. While it has revolutionized the retail landscape by offering a wide variety of products, competitive pricing, and 24/7 accessibility, several challenges persist, including security concerns, fraud, misleading product information, delayed deliveries, and inadequate customer grievance redressal mechanisms. This study aims to analyse the benefits and challenges of online shopping in India, exploring both the opportunities it presents for consumers and businesses, as well as the risks and obstacles that need to be addressed. By examining current practices, consumer behaviour, and regulatory frameworks, the study provides recommendations to enhance consumer protection, improve e-commerce regulations, and promote ethical practices. Effective solutions, such as enhanced data security, better customer service, and transparent product information, are crucial to ensuring a secure, trustworthy, and user-friendly online shopping environment. This research offers insights into fostering a balanced e-commerce ecosystem that supports both growth and consumer confidence.
The rise of electronic summons marks a significant transition in modern litigation, bringing judicial systems into the digital realm in an attempt to improve efficiency, transparency, and access. This article looks at electronic summons as an important aspect of digital courts, especially within the Indian legal context. It evaluates the legal framework around e-summons provided by the Civil Procedure Code, 1908, and the Information Technology Act, 2000, both of which allow for electronic service, as well as judicial decisions endorsing its use. The paper identifies the benefits of e-summons including speed, cost efficiency, tracking and reducing carbon footprints whilst addressing challenges such as verification, data privacy, and the digital divide. In addition to identify legal, benefits and challenges the article integrates best practices in e-summons from jurisdictions such as the UK, US, and Singapore. The last section of the article lists suggested reforms; the need to update procedural laws, standardize processes, invest in awareness training for judges, improve digital infrastructure and invest in the resilience of the e-summons will push e-summons to gain recognition in courts. As India nears the final stage (Phase III) of the eCourts Project, implementing electronic summons will reduce delays, lower the pendency of cases and build a more agile system of justice. The authors call for reforms that strike the right balance between fully unlocking the possibilities of electronic summons whilst ensuring international best practices are followed.
Every person has a right to be respected and treated with dignity, whether they are dressed in a suit or behind bars. Typically, prisoners are stigmatised; the government attempts to limit their contact with society and restrict their mobility. The new sentencing policy of imprisonment without remission eliminates the possibility of a prisoner being reformed which is a contradiction to the reformative theory which the nation seeks to achieve. But whether the person is allowed to roam free in the society after committing an offence is also a serious question which needs to be looked into especially when a serious offence is committed. Generally, it is observed that whenever a person has committed some serious offences, the society also is not ready to accept the person after he is released. But the rights of such persons also cannot be denied and he must be released keeping in view other factors and his conduct after the commission of offence The paper seeks to examine remission in the light of the societal structure, also incorporating the minimum sentencing criterion imposed by the courts in the recent year.
The increasing commercialization of sports has essentially transformed athletes into assets or marketable commodities, raising serious legal concerns about the protection and enforcement of their image rights. Concerns regarding unauthorized commercial exploitation are raised by the growing dependence of athletes' financial portfolios on sponsorships and endorsements. Do we need a more thorough legal structure, or are athletes adequately shielded from unauthorized use of their name, image, and likeness by the existing frameworks for intellectual property and personality rights? This essay examines the legal basis of image rights, the role of intellectual property laws in different jurisdictions, and key case precedents such as Sourav Ganguly v. Tata Tea Ltd and PV Sindhu's action against prohibited brand associations.
This paper provides a comprehensive exploration of capital punishment, tracing its historical roots, evolution, and current status in India and globally. The focus is on India's journey from ancient practices rooted in Hindu philosophy to the influences of Mughal and British rule, post-independence legal developments, and the jurisprudential aspects of capital punishment. The paper also examines the statistical representation of death penalty cases in India, including notable legal instruments and reforms. The international context is explored through the lens of human rights instruments, with a detailed analysis of countries such as the United States, China, and those in the Middle East. The shifting global perspective on capital punishment is highlighted, emphasizing the push for abolition and the role of international organizations. The abstract concludes with a reflection on the evolving dynamics of the death penalty and the call for consistency in advocating human rights both domestically and internationally.
The digital payment ecosystem in India has experienced exponential growth, significantly enhancing convenience, accessibility, and financial inclusion. The proliferation of mobile wallets, Unified Payments Interface (UPI), and fintech solutions has led to a cashless economy, enabling seamless transactions. However, this transformation has also resulted in rising financial frauds and legal complexities. Cybercriminals increasingly exploit vulnerabilities in digital payment systems, leading to unauthorized transactions, data breaches, identity theft, and money laundering. These fraudulent activities pose severe challenges to consumers, financial institutions, and regulatory authorities. This paper explores the legal risks associated with digital wallets and mobile payments in India by analyzing the existing regulatory framework, common fraud mechanisms, enforcement challenges, and consumer protection mechanisms. It examines key laws, including the Payment and Settlement Systems Act, 2007, the Information Technology Act, 2000, the Prevention of Money Laundering Act, 2002, and recent amendments in criminal laws such as the Bharatiya Nyaya Sanhita (BNS). Furthermore, the study highlights landmark cases that have shaped the legal discourse around financial frauds and digital payment security. With the advent of sophisticated cyber threats such as AI-driven frauds, phishing attacks, and deepfake scams, India’s legal landscape must evolve to address these emerging risks. This paper evaluates the role of regulatory authorities such as the Reserve Bank of India (RBI) and the National Payments Corporation of India (NPCI) in strengthening cybersecurity measures. It also discusses government initiatives aimed at enhancing digital literacy and fraud prevention. By examining real-world fraud cases and legal precedents, this study provides a comprehensive understanding of the evolving digital payment landscape. It offers recommendations for policy reforms, cybersecurity enhancements, and consumer awareness strategies to build a more secure and resilient digital financial ecosystem in India.
In this case, the Supreme Court of India deliberated on the liability of an insurance company under a fire insurance policy. The dispute arose when Hindustan Safety Glassworks Ltd. claimed compensation for damages caused by a fire. The National Insurance Company rejected the claim, citing a delay in informing the insurer and alleged non-disclosure of material facts. The Court addressed two primary issues: whether the delayed intimation invalidated the claim and whether the policyholder failed to disclose material facts. The judgment clarified that delay in notifying the insurer must be considered in the context of the policyholder’s circumstances and should not automatically negate the claim unless it causes prejudice to the insurer. The Court emphasized that insurance contracts are based on good faith, requiring both parties to act fairly and transparently. Ultimately, the Court held the insurer liable, as the delay did not harm the insurance company’s ability to assess the claim, and no deliberate non-disclosure was established. This case underscores the principles of good faith in insurance law and the importance of equitable treatment of policyholders in resolving claims.
The judicial appointment process plays a crucial role in maintaining the independence of the judiciary and ensuring impartiality in the administration of justice. In India, the Collegium system, established through landmark Supreme Court rulings, has become the cornerstone of judicial appointments. This paper critically examines the functioning of the Collegium system, its historical evolution, merits, and criticisms. The study explores how the Collegium has ensured judicial independence by reducing political interference but also highlights concerns related to transparency, accountability, and the potential for nepotism. Additionally, the paper discusses the failed attempt at reform through the National Judicial Appointments Commission (NJAC) and examines proposals for improving the system. By evaluating the strengths and weaknesses of the Collegium system, the paper provides insights into potential reforms that would enhance transparency, inclusivity, and accountability in judicial appointments, while preserving the judiciary’s independence.
The socio-political landscape of Chhattisgarh is complex, with the intersection of Scheduled Tribe (ST) welfare and Maoist activities at its core. This report delves by analyzing data collected over several years, uncovering the systemic challenges faced by ST communities, and highlighting the influence of Maoist activities on their well-being. The analysis is rooted in data sourced from Governor's Reports and NCRB records from 2016 to 2022. These reports, while official, have shown signs of inaccuracy, including identical figures for FIR cases and cases resolved across multiple years, and significant portions of content being repeated year after year. Despite these challenges, the data offers a crucial window into the ongoing struggles and emerging patterns within the region. This report aims to: • Provide a detailed description of the data and the sources from which it was collected. • Outline the methods used for data preparation. • Utilize statistical tools to analyze the data. • Present the findings through tables, graphs, and charts, accompanied by in-depth analysis and interpretation. • Conclude with key findings, implications for ST welfare and security, and policy recommendations to improve the protection and development of ST communities while addressing Maoist insurgency. This analysis not only seeks to inform but also to inspire action—by policymakers, researchers, and social activists—to address the underlying issues that perpetuate violence and deprivation in Chhattisgarh's tribal regions.
Graffiti and street art have evolved from being seen as an act of vandalism to becoming recognized as significant forms of artistic and social expression. On one hand where in U.S., graffiti gained popularity in the 1970s, especially in Philadelphia and New York, as part of hip-hop culture. This statute has helped to protect the artists' rights over their work, marking a shift in legal attitudes. Over time, many cities in the U.S. have adopted policies that balance property rights with artistic freedom. In India, graffiti and street art has deep historical roots which is mostly influenced by traditional folk art which have evolved through cultural and customary practices. While the contemporary graffiti that has emerged as a tool for to express social and political contents, it lacks clear legal protection. Indian laws often classify graffiti as defacement of property rather than recognizing it as creative work. Despite government-supported street art projects, the legal status of independent graffiti remains uncertain. This article compares the historical and legal perspectives of graffiti and street art in the U.S. and India, highlighting the need for a structured legal framework that recognizes street art’s cultural and artistic value while respecting property rights.
The legal status and rights of transgender people vary significantly across different jurisdictions. This research paper treed to examines the legal system administering the rights and protection of transgender people in India and the United Kingdom, focusing on the historical evolution, legislative milestones, and present legal protections available to transgender people in both nations. In India, the legal recognition of transgender rights has been formed by landmark judgments like the National Legal Services Authority v. Union of India (2014) case and the Transgender Persons (Protection of Rights) Act, 2019. These developments have paved the way for broader inclusion but also reveal challenges in execution, such as gaps in healthcare access and social discrimination. In contrast, the UK has established a more comprehensive framework, highlighted by the Gender Recognition Act of 2004, which allows transgender people to change their legal gender. The UK also advantages from protection under the Equality Act 2010, which prevents discrimination based on gender identity. Although, challenges remain in areas like the pace of gender recognition and the intersectionality of transgender rights with other aspects of civil liberties. This comparative analysis underscores the evolving nature of transgender legal rights in both countries, reflecting different cultural, social, and legal environment. While India has made strides through court judgments and law, the UK offers a more established legal infrastructure. This paper concludes with suggestions for strengthening transgender rights in both nations, with a prominence on access to healthcare, social inclusion, and the improvement of legal recognition process.
Dowry death refers to the tragic incidents where a woman is murdered or driven to suicide due to disputes over dowry, a system prevalent in some societies, particularly in India. The practice involves the bride's family providing substantial gifts or money to the groom's family as a condition of marriage. Despite being outlawed in India in 1961 under the Dowry Prohibition Act, dowry-related violence remains a pervasive issue, with dowry death being one of the most extreme consequences. This phenomenon often involves physical and mental abuse, leading to severe psychological trauma and, in many cases, death. The socio-economic factors, gender inequality, and cultural pressures surrounding dowry contribute to this crisis. The government and various social organizations have made efforts to combat dowry-related violence through legal frameworks and awareness programs, yet many challenges remain in enforcement and changing societal attitudes. The paper aims to explore the issue of dowry deaths, a deeply rooted social and legal problem in certain countries, particularly India. The study will examine the historical context of dowry practices, the prevalence of dowry-related violence, the legal frameworks in place to combat it, and the social and cultural factors that sustain this practice. The paper will also look at the effectiveness of current laws and recommend measures to address the issue of dowry deaths. The phenomenon of dowry deaths, particularly focusing on the social, economic, and cultural causes that lead to such deaths. By examining legal frameworks, case studies, and statistical data, this paper highlights the impact of dowry practices on women's lives, the inefficiencies of law enforcement in addressing dowry-related crimes, and the role of societal norms in perpetuating gender inequality. The paper also suggests reforms to prevent dowry-related violence and ensure justice for victims.
The word Sedition has been derived from the Latin word “seditio” meaning “going apart.” Sedition essentially means any person who by making use of words either spoken, written, or signs or by visible representations tries to incite violence in the society against the Government. Whoever tries to create discontent in the minds of people against the Government and provokes them to incite violence, have committed sedition and can be held under Section 124Aof the Indian Penal Code. Sedition law aims to punish those who incite disaffection, hatred, contempt towards the government established by law. The law of Sedition was based on the Treason Law of British, which made any act of hate and disloyalty towards the Crown or queen punishable. Even after Independence, many countries like India, Australia, USA, Malaysia, Hong Kong, New Zealand, Canada and African countries like Nigeria, Uganda, Malawi, Kenya and Swaziland are prosecuting people under this British era law. This paper studies and discusses the Sedition law in various countries and highlights how few have given away with this law while few countries apply the amended version of this law. The countries discussed below are mainly countries which were ruled on the principles of Monarchy but after the International conventions these countries have accepted the democratic principle. The main aim of discussing these countries is to highlight how though being party to the International conventions these countries are still carrying the colonial law in their statute books. This research paper discussed the recommendations given by Law Commissions in these countries for amendment of the law. This paper further attempts to discuss the right of free speech in each of these countries and how Sedition can be a valid restriction. The chapter ends with a comparative analysis of these countries with Indian Sedition law.
The right to privacy and data protection are two distinct yet interconnected concepts that play a crucial role in safeguarding individuals' freedoms in the digital age. While the right to privacy focuses on the protection of personal space, autonomy, and freedom from unwarranted surveillance, data protection is concerned with the security and proper handling of personal data by organizations and entities. This article explores the complementary nature of these rights, highlighting how privacy forms the foundation of data protection laws and how data protection ensures the realization of privacy in an increasingly data-driven world. By examining legal frameworks, case studies, and the evolving nature of technology, this article aims to underscore the importance of both rights in promoting trust, security, and individual autonomy in the modern era.
Microplastics (MPs) have emerged as a significant environmental concern due to their widespread distribution in aquatic ecosystems. The Ganges River, a crucial waterway for millions of people in South Asia, is increasingly affected by the presence of these microscopic pollutants. This study investigates the prevalence and characteristics of microplastics in the water of the multilateral Ganges River, spanning multiple regions in India. Through a comprehensive analysis of water samples collected at various points along the river, the study identifies the concentration, types, and sources of microplastics present in the river system. The research reveals that MPs are ubiquitously found, with higher concentrations in urbanized and industrial zones. The dominant types of microplastics identified are polyethylene, polypropylene, and polystyrene, which are primarily linked to plastic waste from domestic, industrial, and agricultural sources. The study also examines the potential ecological risks posed by MPs, highlighting their impact on aquatic life and the broader ecosystem. This article emphasizes the urgent need for effective waste management strategies, pollution control measures, and public awareness initiatives to mitigate the growing threat of microplastics in the Ganges River and similar water bodies globally.
The criminal justice system in India is witnessing a transformative shift aimed at enhancing its efficiency, fairness, and alignment with constitutional principles. The recent introduction of three new laws marks a significant milestone in the evolution of the legal framework, reflecting the government's commitment to modernise and strengthen the justice delivery system. This paper, titled "The New Era of Criminal Justice in India: A Constitutional Perspective", provides an in-depth analysis of the new criminal laws compared to the previous legal provisions, examining their implications on the fundamental rights enshrined in the Constitution of India. The study explores key reforms such as the establishment of fast-track courts, digitization of court records, e-filing systems, and the integration of forensic technology and data analytics in criminal investigations. Furthermore, the paper highlights the growing emphasis on the protection of victims' and witnesses' rights, alternative dispute resolution mechanisms, and measures to address systemic issues like corruption and human rights violations. The research methodology is based on secondary data collected from various sources, including journals, articles, newspapers, magazines, and online platforms. The findings underscore the need for a balanced approach that upholds constitutional values while fostering transparency, accountability, and efficiency in the criminal justice system. This study contributes to the ongoing discourse on legal reforms, offering insights into the constitutional implications of the new criminal justice paradigm in India.
In India, the framework for preventing international tax evasion is based on International Taxation Instruments, such as Double Taxation Avoidance Agreements (DTAA), domestic tax laws, and judicial decisions related to tax evasion. Every system of governance requires a structured set of rules and regulations to ensure the smooth administration of laws. In the same way, a clear set of rules is very important for stopping people from not paying their taxes. It makes sure that tax rules are followed and keeps the country's money from going to waste. As the geopolitical situations and the foreign affairs of the friendly country is to be protected by maintaining a harmony in the tax structure. If the tax peace is not maintained between the nations by way of arrangements or agreements then ultimately the companies and corporations will be suffering with the hands of the government byway of imposition of dual taxes and tariffs, in other words it may extend to tax wars. As a result the dual taxes paid by the individual or the company shall be shifted to the innocent consumers who are no-way related or connected with the nation’s political and ideological contradictions. The free trade policy or the facilitation should be made mandatorily applicable between the nations, so that their vested interest shall not affect the people of the country.
Citizenship is a dynamic concept, which changes with the social, political, economic, geographical as well as climatic changes. Therefore, the change in the law of citizenship is always attracting importance in the discourse of law. Relating to the Indian perspective, the Constitution of India provides a basic framework with regard to the peculiar situation prevailing at the time of commencement of the Constitution. The constitution was drafted at a time which witnessed the independence of the country which gave birth of two nation India and Pakistan on the basis of religion. The situation of turmoil of migration of people from one part to another part of the newly born countries on the consideration of religion had been prevailing in that time. This situation and other usual situations are addressed by the Constitution. However the Constitution under article 11 empowers the parliament to make laws on citizenship to address the issue of citizenship which arises thereafter. Accordingly the Citizenship Act 1955 was enacted by the Parliament which not only defines Indian citizenship but at the same time discuss the ground of termination, renunciation and deprivation of the same. The Citizenship Act 1955 has brought certain new changes by the Citizenship Amendment Act 2019. This amendment has caught serious controversy because of the reason that it considers citizenship on religious basis which is against the secular fabric of our Constitution. But the analysis of the controversy of 2019 amendment is not the objective of this paper, rather this paper focus on the analysis of the newly inserted provisions in the amendment. The amendment provided for citizenship to the people coming from Afghanistan, Pakistan and Bangladesh belonging to the community of Hindu, Sikh, Buddhist, Jain, Parsi, Christian and who came to India before 31st December 2014.
In this globalizing world, international legal norms are increasingly impinging on domestic legal regimes. This globalizing effect is casting its influence over judicial decisions and legislative reforms in India, but also challenging traditional legal principles. As William Gaddis said “Justice? -You get justice in the next world, in this world you have the law.” Once, in a while, a classical case comes up that decides important issues concerning various branches of the law. Today, the Supreme Court of India is known as an activist court because of its increasing judicial activism surrounding the interpretation of Article 21 of the Constitution of India. Amongst all the PILs being filed, maximum amount of PILs are filed under Article 21. Therefore, Article 21 is considered to be the primary source of power for the Supreme Court of India. The attitude of Supreme Court while interpretation of this clause has evolved from time to time. After the National Emergency of 1975 and the case of Maneka Gandhi v. Union of India , the concept of protection of personal liberty has changed completely. Before the Maneka Gandhi case, the case law, which involved Article 21, was not considered sufficient but, after the judgment in the Maneka case, new dimensions emerged regarding scope of Article 21. The interpretation of the term "right to life and personal liberty" in the Maneka Gandhi case expanded the application of Article 21 and, since then, the Supreme Court has shifted the focus and reconsidered its area of application. The reiterated definition now incorporates the right to live with dignity, taking into consideration the views of the accused, society, and the victims. This case is also known as ‘personal liberty case’.
Hair transplantation has evolved into a highly sophisticated and widely embraced solution for hair loss, offering profound aesthetic enhancements and psychological upliftment to patients. This article delves into an intricate analysis of the methodologies, breakthroughs, and clinical outcomes associated with contemporary hair restoration, with a particular emphasis on Follicular Unit Transplantation (FUT) and Follicular Unit Extraction (FUE). Achieving optimal results in hair transplantation hinges on meticulous patient selection, strategic preoperative planning, and diligent postoperative care. However, despite its remarkable success, the procedure is not devoid of challenges—donor area constraints, scarring risks, and the meticulous crafting of a natural-looking hairline remain critical considerations. Compounding these challenges is a concerning surge in unregulated hair restoration procedures conducted in non-medical settings, such as salons and parlours, by individuals lacking the requisite expertise. These unauthorized interventions often lead to dire consequences, including severe infections, suboptimal graft survival, unnatural hairline designs, and irreversible follicular damage. The proliferation of such malpractice underscores the pressing need for stricter regulatory frameworks and heightened public awareness regarding the risks of undergoing hair transplantation at the hands of unqualified practitioners. Through findings from recent clinical studies and documented patient outcomes, this review highlights the significance of seeking treatment from certified medical professionals. While hair transplantation remains a transformative solution capable of restoring not only hair but also confidence and quality of life, it is imperative to exercise caution against the perils of unregulated and inadequately performed procedures.
Sudha Chandran, Arunima Sinha, Sadhna Dhand, Malathi Krishna Murthi Holla are names of only a few women who have overcome their physical challenges to excel and set towering benchmark for others. ‘Disability is just a state of mind’ is their message to the world which chose to discriminate against them and strew their paths with excruciating challenges. In an interview, actress Sudha Chandran, who lost her leg in a tragic accident at the age of 16 years, showed her unmatched resilience - ‘what I cannot, I will.’ She recounted her determination and staunch support of parents as the key to her success. At another instance she shared her humiliation at the airports in India where every time, she and many persons with disability have to remove their artificial limb, calling this one of the biggest humiliation of her life. While women with disabilities with such courage and resilience remain the torch bearers of empowerment for others similarly situated, experience and research shows that disability has remained one of the most deeply entrenched grounds of discrimination in our society.
Data protection has emerged as one of the most pressing legal and policy concerns in the digital era. Governments worldwide are enacting and refining laws to safeguard individuals’ personal data and ensure privacy protections. This paper presents a comparative analysis of the data protection frameworks in India and the European Union (EU), with a particular focus on the evolving legal landscapes, judicial interpretations, and academic discourse. By examining key statutory provisions, landmark judicial decisions, and scholarly opinions, this research highlights the similarities and differences in how each jurisdiction seeks to protect individual privacy while enabling the free will in the flow of information in the digital economy.
Rapid growth of digital technologies and the internet have transformed content development and dissemination but also encouraged cyber piracy, constituting a key threat to intellectual property rights. This paper surveys the legal protections aimed at guarding digital content, assesses how effective they have been, and examines new strategy options for ending piracy in today's more and more interconnected global environment. By looking at international agreements, domestic legislation, and technology-based enforcement mechanisms, it brings to the fore the balance between safeguarding creators and guaranteeing access to information
The Protection of Women from Domestic Violence Act (PWDVA), enacted in 2005, marked a significant legislative milestone in India’s journey toward safeguarding women from abuse within domestic settings. The Act is lauded for its progressive stance, recognizing not just physical violence but also emotional, verbal, sexual, and economic abuse. It also broadens the definition of domestic relationships to include live-in partners and family members, providing a more inclusive legal framework. This article critically evaluates the effectiveness of the PWDVA by examining its key provisions, its intended role in protecting women, and the extent to which it has been implemented effectively across the country. While the Act presents a comprehensive legal tool for redressal, its real-world impact is hindered by systemic shortcomings such as lack of awareness, inadequate infrastructure, and deeply rooted patriarchal norms. Shortages of Protection Officers, limited access to shelter homes, and underreporting of domestic violence cases remain major challenges.
Artificial Intelligence (AI) is revolutionizing industries across the globe, and the legal sector is no exception. In corporate law, AI is redefining how legal professionals handle complex regulatory environments, massive data processing, contract analysis, compliance, due diligence, and litigation prediction. This article explores the multifaceted role of AI in corporate law, examining how machine learning, natural language processing, and intelligent automation tools are enhancing efficiency, accuracy, and accessibility within legal frameworks. The integration of AI in legal workflows enables corporate lawyers to reduce time spent on routine tasks, thereby focusing on more strategic aspects such as negotiation and legal advisory. From intelligent contract review platforms that identify anomalies to predictive tools that assess litigation risks, AI’s contribution is becoming indispensable. However, the adoption of AI in legal practice also raises ethical, regulatory, and practical concerns, including data privacy, algorithmic bias, accountability, and the potential displacement of human roles. The article critically analyzes these challenges and proposes strategies for responsible AI integration. Through case studies and analysis of real-world applications, this paper highlights how major law firms and corporate legal departments are leveraging AI to streamline operations and enhance decision-making. The discussion also explores future trends, such as AI-driven legal research and autonomous legal agents. In conclusion, while AI is not a replacement for human legal expertise, it is a powerful enabler that, when used judiciously, can transform corporate legal practice into a more agile, data-driven, and client-centric discipline.
Environmental protection has emerged as a critical concern globally, with nations striving to balance development and ecological sustainability. In India, the Constitution enshrines environmental protection as both a directive for the State and a duty for its citizens. The 42nd Amendment Act of 1976 introduced Article 48A, directing the State to protect and improve the environment, and Article 51A(g), mandating citizens to safeguard the natural environment and exhibit compassion for living creatures. These provisions underscore the constitutional commitment to environmental conservation. Judicial interpretations have further reinforced this commitment. The Supreme Court, through landmark judgments, has expanded the scope of Article 21, recognizing the right to a clean and healthy environment as intrinsic to the right to life. Cases like M.C. Mehta v. Union of India and Subhash Kumar v. State of Bihar have set precedents in environmental jurisprudence, emphasizing the State's responsibility and citizens' role in environmental protection. Despite these constitutional mandates and judicial pronouncements, the ground reality presents challenges. Environmental degradation persists due to factors like industrial pollution, deforestation, and inadequate enforcement of environmental laws. Public awareness and participation, though growing, remain insufficient to effect significant change. This article delves into the constitutional provisions related to environmental protection, analyzes judicial interpretations, assesses the current environmental scenario in India, and explores the gap between constitutional ideals and practical implementation. It aims to provide a comprehensive understanding of environmental protection as a fundamental duty and the realities that influence its actualization.
Ocean being the most beautiful resource of the world and has been admired from the ancient period. And marine biodiversity playing a vital role in balancing the economic This paper discusses on how the contemporary issues of overfishing, pollution, habitat destruction, and climate change pose serious challenges to its preservation. For example, Bluefin Tuna is a fish which is considered as a most expensive one. In Japan this is sold for the food sushi. This one fish can grow for 1500 pounds, which can make around $45000 per day. And being the most eaten dish of the country which make the demand in fish market. So, because of these fishers are starting to do overfishing in Atlantic Ocean which makes the sustainability for the sea creatures hard. Even when there are many solutions under the international legal domain. There are many frameworks like United Nations Convention on the Law of the Sea (UNCLOS) and the Convention on Biological Diversity (CBD), but still there are many gaps for international law needs to fill and the major one is the national jurisdiction. This paper deals with the evolving legal solutions for the protection of the marine environment in international law like BBNJ agreement and other instruments. Through a study of existing legal frameworks, case studies, and existing literature, this research relates key challenges, including jurisdictional conflicts, weak enforcement mechanisms, and the lack of global cooperation. The paper argues about the emergency need for the strong policy reforms and at developing legal protections and promoting sustainable development practices. This research highlights the importance of a consistent, collective approach for protecting marine biodiversity for future generations.
The juvenile justice system in the US has evolved significantly, moving from a focus on rehabilitation and care to a more punitive approach and back again. Legislative changes have impacted juvenile delinquency rates, rehabilitation efforts, and the rights of young offenders. The first juvenile court in the US, established in 1899, aimed to separate young offenders from the adult criminal justice system. Over time, the system has seen the introduction of harsher penalties and, more recently, a renewed emphasis on rehabilitation and restorative justice. The guiding force behind the law relating juveniles is that they are the future of the individual and that of the nation, as they are considered as the building blocks of the nation, carrier of humanity etc. But there are always two faces of a coin. One side being the innocence or lack of maturity concerned with the age in question so as to take their own decision and the other face, the bitter part, juvenile delinquents at times are committing heinous crimes in no way less than the adults and are doing so in the ugliest form. The brutal gang rape case which took place in Delhi on 16th December 2012 proved to be the landmark case which changed the present law of Juvenile Justice System. As soon as this Act i.e., Juvenile Justice (Care and Protection of Children) Act, 2015 came into existence, there was a lot of criticism from various social workers, NGOs fighting for the rights of the child as this Act was enacted following public outrage over the release of the Juvenile offender in State v. Ram Singh & Ors. (hereinafter referred to Nirbhaya case). The Author have discussed in this research the various aspects of recently enacted Juvenile Justice (Care and Protection of Children) Act, 2015, with its shortcomings thereof and has made some suggestions and recommendations to improve the efficacy of the Juvenile Justice System and Juvenile Justice Delivery Mechanism in India.
Corporate criminal liability refers to the legal concept that a corporation, as a legal entity, can be held criminally liable for actions committed by its employees, directors, or agents acting on its behalf. Traditionally, criminal law focused on individual culpability; however, with the evolution of business structures and increasing corporate influence, there has been a significant shift towards recognizing corporations as potential perpetrators of crime. This doctrine addresses the challenge of attributing mens rea (guilty mind) and actus reus (guilty act) to an artificial entity. Legal systems have adopted various models to enforce corporate liability, such as the identification doctrine, vicarious liability, and the aggregation theory. Through these mechanisms, courts have held corporations accountable for a wide range of offenses—from environmental violations and financial fraud to corruption and workplace safety breaches. The rationale behind corporate criminal liability is to ensure deterrence, promote corporate governance, and uphold ethical business practices. Yet, its implementation raises complex issues, such as penalizing shareholders for actions of individuals and distinguishing corporate fault from individual misconduct. Modern legal reforms in several jurisdictions have introduced compliance programs and deferred prosecution agreements to balance accountability with rehabilitative approaches. This article delves into the theoretical underpinnings, legal frameworks, and global perspectives on corporate criminal liability. It explores landmark cases, regulatory mechanisms, and recent trends, aiming to provide a comprehensive understanding of how the legal system is evolving to address corporate crime in an increasingly globalized economy.
The Insolvency and Bankruptcy Code, 2016 (IBC) has emerged as a landmark reform in India's economic and legal framework. Introduced to address the growing concerns around non-performing assets (NPAs) and inefficient debt recovery mechanisms, the IBC aims to consolidate and amend laws relating to the reorganization and insolvency resolution of corporate entities, partnership firms, and individuals in a time-bound manner. The Corporate Insolvency Resolution Process (CIRP) is a core element of the Code, providing a systematic and legally sound process to resolve insolvency while preserving the value of assets and protecting stakeholders’ interests. This article evaluates the efficiency of CIRP, examining timelines, resolution rates, and recovery values since the inception of IBC. It further explores practical challenges such as delays, lack of adequate resolution professionals, valuation complexities, and the impact of judicial interpretations. The analysis highlights significant judicial trends that have shaped the implementation of CIRP—ranging from the Supreme Court’s emphasis on time-bound resolution to evolving interpretations around operational vs. financial creditors. The article is structured into five main chapters: (1) Evolution and Framework of CIRP under IBC; (2) Operational Mechanism and Stakeholder Roles; (3) Efficiency and Performance Metrics; (4) Challenges and Systemic Bottlenecks; and (5) Judicial Trends and Impact on CIRP Jurisprudence. The conclusion draws insights into potential reforms and suggests a roadmap for strengthening CIRP’s execution. Overall, this study offers a critical lens on how the CIRP has transformed the insolvency landscape in India and what lies ahead for its sustainability and improvement.
Arbitration has steadily taken over the mantle from traditional courts and tribunals in adjudicating upon an increasing number of legal disputes, especially in the commercial and business sphere. Indeed, one of the prime factors contributing to arbitration’s rise in the business world is the contractual nature of the vast majority of these claims, coupled with the fact that these disputes are convoluted and spread out over long periods of time, thus clogging the courts with trials which go on for decades at times. Thus, arbitration was readily encouraged and fostered for these disputes, and this has helped set up a conducive and flourishing business environment in India. However, one other area where arbitration is sorely needed in order to ease the burden on courts is that of torts and tortious liabilities. Opportunities for torts and tortious claims arise frequently in day-to-day life, as one is likely to have their legal rights infringed upon in the normal course of events. These claimants relying on tortious violation of legal rights however often find themselves overburdened and lost in the courts of our country, be it due to paperwork, formalities, huge pendency and waiting times, etc. This is where arbitration comes in and can greatly enhance protection and enforcement of tortious rights. The only impediment which remains is that torts consist of rights in rem which do not arise out of a contract between the victim and the accused, and this goes against the grain of arbitration as a mutually consensual mode of dispute resolution. How this conflict can be resolved, and has been attempted to be resolved by the courts of our country, as well as the courts of other countries, will be the topic of discussion of this paper.
This paper examines the legal provisions relating to marital rape under the Bharatiya Nyaya Sanhita (BNS), India’s new criminal code, and explores its legal, social, and cultural implications. By comparing the BNS to the earlier legal framework under the Indian Penal Code (IPC), this paper highlights the evolving judicial recognition of marital rape as a criminal offense. The research focuses on how the new laws challenge traditional notions of marriage, address issues of gender inequality, and have the potential to bring about societal transformation. Furthermore, it provides insights into the merits and demerits of the law and offers suggestions for effective implementation. Ultimately, this paper reflects on the potential for the BNS to reshape societal perceptions of marital relations and gender-based violence.
This paper explores the critical role of legal and para-legal education in strengthening access to justice and promoting legal empowerment. Legal education traditionally focuses on preparing lawyers to practice in formal legal settings, while para-legal education equips non-lawyers with the skills to assist individuals in navigating legal processes. The synergy between these two forms of education is vital in improving legal access, particularly for marginalized and underserved communities. By examining the impact of both legal and para-legal training, this paper highlights how such education fosters legal literacy, empowers individuals to advocate for their rights, and reduces barriers to justice. The paper also discusses the positive outcomes of integrating para-legals into community legal services, especially in rural areas where formal legal representation is often scarce. Furthermore, it emphasizes the importance of expanding and improving legal and para-legal education to create a more inclusive and equitable justice system, where every individual has the knowledge and support needed to secure their legal rights.
Para-legal work in India has become an indispensable tool for extending access to justice, particularly in rural and remote areas where formal legal infrastructure is minimal. With a significant portion of India’s population residing in rural regions, the role of para-legals in facilitating legal services has gained prominence in bridging the justice gap. However, despite their importance, para-legals face significant ethical dilemmas and practical challenges. These include issues surrounding competence, ethical conduct, gender-related challenges, safety, and the lack of resources. This paper explores these challenges, discusses the ethical implications of para-legal work, and recommends ways to improve the support and functioning of para-legals in rural India.
The integration of Artificial Intelligence (AI) into criminal justice systems marks a transformative development with profound implications for the conduct of criminal trials. AI tools are increasingly employed for a variety of purposes, including evidence analysis, predictive policing, risk assessment in bail and sentencing decisions, and even aiding judicial deliberations. These technologies promise greater efficiency, objectivity, and consistency in criminal proceedings. However, the use of AI in criminal trials also raises serious concerns about fairness, transparency, accountability, and the preservation of fundamental rights. The opaque nature of many AI systems, often referred to as the "black box" problem, challenges the principle of open justice and hampers defendants' ability to understand, challenge, or appeal AI-driven decisions. Moreover, biases embedded in training datasets risk perpetuating or even amplifying existing societal prejudices, thereby undermining the fairness of trials. This paper critically examines the potential and pitfalls of using AI in criminal trials. It explores the legal and ethical issues involved, particularly with respect to the right to a fair trial under constitutional and international human rights norms. Comparative experiences from jurisdictions such as the United States, the United Kingdom, and India are analyzed to understand emerging regulatory trends and judicial responses. The paper argues that while AI can be a valuable tool in enhancing the criminal justice process, its use must be strictly governed by principles of due process, transparency, explainability, and accountability. Safeguards such as mandatory disclosures about AI use, opportunities for human review, and mechanisms for contesting AI-generated findings are essential to preserve the integrity of criminal trials. Ultimately, the responsible integration of AI into criminal justice demands a careful balancing of technological innovation with unwavering adherence to the rule of law and the protection of individual rights.
The proliferation of Artificial Intelligence (AI) in decision-making across critical sectors such as healthcare, criminal justice, finance, and employment has raised pressing questions regarding legal liability and accountability. This article explores the multifaceted challenge of determining who is responsible when algorithmic decisions lead to harm or injustice. It begins by examining the structure and functioning of AI systems, particularly machine learning models, and identifies how the "black box" nature of these systems complicates legal scrutiny. Through real-world case studies, including Amazon’s biased hiring algorithm and the use of COMPAS in criminal sentencing, the article illustrates the tangible consequences of unregulated AI. It critically evaluates emerging legal responses, such as the EU’s proposed AI Act and suggestions for AI personhood, and considers alternative models like assigned liability, mandatory insurance, and human-in-the-loop oversight. The article argues that a coherent and proactive legal framework tailored to AI’s unique characteristics is necessary to ensure accountability, fairness, and redress. Furthermore, it advocates for embedding normative legal principles into AI governance and stresses the importance of international harmonization to prevent regulatory arbitrage. The overarching conclusion is that legal systems must evolve in tandem with technological innovation to safeguard human rights and societal trust. The liability question is not merely a legal dilemma but a fundamental test of democratic institutions in the digital age.
It is said that democracy is the people, for the people, and by the people. The quote was said by Abraham Lincoln the former president of the United States of America. The feature of Democracy is Liberty, freedom, equality, rule of law, and all kind of fundamental rights. Freedom of free speech and expression is also a very vocal feature of democracy. the citizen chooses their government by casting votes in other words voters choose their government on their own. In India, all kinds of governmental elections have been done by an independent authority Election Commission of India. In India Supreme Court is their custodian of fundamental rights. there are several cases and judgments available and every time whenever it is needed apex court tried to regulate and control it. Many cases are examples of When the Supreme Court made the way for a healthy democracy. The Election Commission of India set a good track record of transparent honest and unbiased independent organizations. Recently, we have seen the elections of five states where all parties have accepted the results of elections. Examples of a lot of cases where the supreme court saved the freedom of free speech and expression cases like Shreya Singhal v. Union of India, also in case of Keshav Nanda Bharati v. the State of Kerala, in S.R. Bommaie v. Union of India, the case of Rameshwar Chourasia v. State of Bihar the Supreme Court sets the benchmark for saving democracy. Election commission's efforts for stopping criminal elements from contesting elections.