Women hold a distinctive place in every society and nation across the globe. Despite their valuable contributions in various fields, they often endure hardships quietly and remain part of a disadvantaged group due to numerous social, cultural, and institutional barriers. In male-dominated societies, women continue to face oppression, suppression, exploitation, and victimization. According to a United Nations report, although women make up half of the world’s population and contribute nearly two-thirds of total working hours, they earn only a tenth of the world’s income and possess less than one percent of the global property. Discrimination and exploitation against women persist even today. Although many laws have been enacted to safeguard women's rights, weak implementation has allowed ongoing exploitation. In response to these legislative shortcomings, the judiciary, particularly the Supreme Court of India, has actively stepped in to protect women's rights. Through judicial activism, the Court has dismantled procedural hurdles and transformed constitutional litigation. It has adopted a broad and progressive interpretation of legislative provisions to ensure maximum protection for women. The Supreme Court has shown particular commitment to fulfilling its legal and constitutional duties by adapting to evolving social challenges and prioritizing the protection of women’s rights.
Volume 7, Issue 3 / 2025
Articles · 59
The Juvenile Justice system has seen a remarkable transformation where the society’s understanding about youth offenders has evolved where the focus on unique development needs has improved. Earlier they were treated very differently, as same as adults, but now they are seen through the lenses of rehabilitation and restoration, which gives them a chance to be a part of the society and gives them an opportunity to lead or normal life. The shift had began in the late 19th and 20th century where legal global frameworks like the Beijing Rules, Havana Rules, and Riyadh Guidelines played an important role in emphasizing the need to protect young offenders and provide them an opportunity to develop rather than being destroyed. This study is focused on the history and challenges, and also the future of juvenile justice along with comparing the approaches around the world. From the restorative programs in Germany and Australia and the evolving frameworks of the United States and India, it highlights how the society and the community can help as a powerful tool to remove the flaws in the Juvenile Justice law and give a new pathway to the youth, by reducing recidivism and promoting reintegration. With the help of education, counselling, and psychological development, the root causes of delinquency could be destroyed, and a new chance can be given to the lives and protect them from the vicious circle of crime that is endless and inescapable. India’s own Juvenile Justice system has gone through various transformations, with the Juvenile Justice (Care and Protection of Children) Act 2015, along with landmark cases, Sheela Barse v. Union of India and Hari Ram v. State of Rajasthan, has tried to bring a balance between maintaining accountability with care. It demonstrates the importance of treating juveniles with dignity and fairness along with making sure that serious offences by older juveniles should be punished, ensuring a nuanced approach to justice. But as the journey is very long, and it starts with just a single step, even after hurdles, we continue. Similarly, the challenges like resource limitation, inconsistent legal frameworks, and growing technological-related crimes like cybercrime are hurdles in the journey of achieving an ideal juvenile justice system. There is an important need to address the vulnerable population of the world along with focusing on improving the conditions of juveniles for a systematic change. At its heart, this research underscores the importance of hope, hope for that system doesn’t just punish, but transforms, hope for offenders to build their lives and hope for society to value redemption over retribution. By prioritising the importance of rehabilitation and community involvement and incorporating the international best practices, we can create a juvenile system that does not just give them a new path but also become their polestar that will be the guiding light for the brighter future of these young lives.
The topic "Judicial Review of Arbitral Awards” is a topic that is worthy of concern as well as relevance, especially in the context of understanding the legal basis of Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ACA). The several changes were made in the amendment of the ACA, 1996 have tried in some way to give some finality to the definition of ‘Public Policy’ and yet it can be said that it is the area which requires several changes to make the practice of setting aside of arbitral award, an exception rather than a rule. The following paper attempts to give a general overview of the judicial review of the arbitral awards under the ACA, 1996 which is the major procedure to challenge, in the Indian legal system. The legal reasons that can be used to challenge an award and invalidate it are fraud, bias, and disregard of the public policy, where and when they occur as stated in section 34. The research also examines how Indian courts have treated these grounds and assesses critical judgements that have defined ‘public policy’ as well as other contentious areas. Drawing on the examination of evolving legal precedents regarding the extent of judicial review, this paper analyses the compatibility of the current position with the arbitration approach in the Indian judiciary and the goal of finality in the award. Finally, the study offers a perspective to bring reforms in arbitration in India while keeping judicial intervention limited to instances of real legal mistakes or unfairness.
India faces an escalating plastic waste crisis, driven by rapid urbanization, increased consumerism, and inadequate waste management infrastructure. Despite regulatory efforts such as the Plastic Waste Management Rules (2016) and subsequent amendments, the implementation of Extended Producer Responsibility (EPR) remains insufficient in tackling the mounting environmental challenges posed by plastic pollution. This paper examines the legal and policy landscape surrounding plastic waste management in India, focusing on EPR as a regulatory tool to hold producers accountable for the post-consumer lifecycle of plastic products.
This paper explores the foundational framework of international space law as established by five key treaties developed under the auspices of the United Nations. The emergence of space law began in the mid-20th century, driven by geopolitical interests and the early achievements in space exploration by the United States and the Soviet Union. In response to the evolving need for regulation in outer space activities, the United Nations introduced a legal regime centered on peaceful cooperation and responsibility among nation. These agreements collectively establish a framework that prohibits national appropriation of outer space, promotes the peaceful use of celestial bodies, ensures the safety and rescue of astronauts, mandates liability for damage caused by space objects and requires the registration of such objects to promote transparency and accountability among State Parties. The Outer Space Treaty outlines general principles such as non-sovereignty, peaceful exploration, and equal access. The subsequent agreements provide mechanisms for cooperation, liability, and the sharing of information. The Moon Agreement supports these principles by particularly applying them to the Moon and other celestial bodies, thereby signifying that the outer space as the common domain of mankind. Together, these treaties emphasize international collaboration, impose legal and moral obligations on states, and reinforce the use of outer space for peaceful and scientific purposes. While international treaties are a primary source of space law, the legal structure is supported by national legislation, UN resolutions, and customary international law, all contributing to the development and enforcement of legal framework for space activities.
Fake encounters, or extrajudicial killings by police, represent a serious violation of human rights within India’s criminal justice system. These killings occur when law enforcement officers execute individuals without due legal process, often framing them as acts of self-defense or immediate justice. While the police are entrusted with maintaining law and order, the misuse of power in the form of fake encounters undermines the rule of law and erodes public trust in legal institutions. The right to life, guaranteed under Article 21 of the Indian Constitution, is frequently compromised in such incidents. Despite constitutional safeguards and judicial directives, reports of such encounters continue to rise, especially in states like Tamil Nadu. Victims' families often face intimidation, and investigations into these killings are rarely impartial. The lack of accountability and oversight enables impunity among law enforcement agencies. Addressing this issue requires comprehensive police reforms, independent investigations, and strict enforcement of legal procedures. Ensuring justice and upholding human rights are essential to preserving the credibility and integrity of India’s democratic and legal systems.
This research paper addresses the escalating cybersecurity risks in the maritime industry, driven by increasing reliance on digital systems for navigation, cargo management, and communication. It examines the types of cyberattacks targeting ships and ports, including GPS spoofing, ransomware, and communication system exploits, highlighting vulnerabilities in navigation systems, cargo management, and port infrastructure. The study explores the legal liabilities of shipowners, operators, and port authorities, focusing on duty of care, contractual obligations, regulatory compliance with IMO guidelines, and insurance considerations. It identifies gaps in the current international legal framework and jurisdictional complexities hindering effective enforcement. This paper emphasizes the need for a multi-faceted approach that includes harmonized global regulations, enhanced international cooperation, and proactive risk management strategies to safeguard maritime operations against evolving cyber threats.
Water scarcity is a serious problem that impacts millions of people globally during the summer months in urban India. In this study, the underlying reasons of water scarcity in Indian cities during the summer months will be examined, with an emphasis on policy shortcomings and potential legal solutions. This study aims to pinpoint the main causes of water scarcity and offer legislation remedies to deal with the issue by examining case studies, policy papers, and current literature. For the purpose of reducing water scarcity and guaranteeing sustainable water access in urban settings, policymakers, urban planners, and other stakeholders involved with water resource management must take into account the findings of the study.
This article examines the socio-legal status of transgender persons in India, following the evolution of their rights from historical recognition to colonial criminalization and eventual constitutional acknowledgement. Despite progressive judicial pronouncements such as NALSA v. Union of India and legislative enactments like the Transgender Persons (Protection of Rights) Act, 2019, the transgender community continues to face systemic discrimination, social exclusion, and intra-community abuse. Through a multidisciplinary approach, the article highlights not only the external challenges—such as barriers in education, employment, and healthcare—but also the internal hierarchies within transgender collectives, notably the Guru-Chela system. It critiques the inconsistencies and limitations of existing legal frameworks, particularly the paradoxes within the 2019 Act, and underscores the need for empathetic, inclusive policymaking. It advocates for reforms grounded in lived realities, legal empowerment, and intersectional awareness to truly realize gender justice for all identities in India.
Violence against women and children remains a deeply rooted global issue, cutting across geographic, cultural, and socioeconomic boundaries. This paper examines the root causes and far-reaching consequences of such violence, with an emphasis on understanding its structural, social, and individual dimensions by exploring factors such as entrenched patriarchy, economic dependency, systemic institutional failures, and inadequate legal protections. The study highlights how these elements perpetuate cycles of abuse and hinder effective intervention. The paper further investigates the consequences of violence, including physical harm, psychological trauma, economic instability, and its intergenerational impact on families and societies. Utilizing a multidisciplinary approach, the analysis also evaluates the limitations of existing legal frameworks, policy initiatives, and societal responses. Drawing on national and international data, case studies, and legal precedents, the paper emphasizes the urgent need for a comprehensive, multi-stakeholder strategy. This includes strengthening legal mechanisms, promoting education and economic empowerment, addressing cultural stigma, and fostering community-based interventions. The findings underscore that combating violence against women and children requires not only robust legal and institutional measures but also a shift in societal attitudes that normalize abuse. The paper concludes with actionable recommendations aimed at policymakers, civil society, and international organizations to create safer, more impartial environments where women and children can thrive.
In the age of globalization, multinational corporations have immense power and, at times, act in a space where national jurisdiction is absent, resulting in regular human rights abuses. Through this research, the development of international legal thought regarding corporate responsibility is analyzed, including the limitations of soft law instruments such as the UNGPs and the unevenness of national attempts to govern corporate behavior. It conducts comparative legal analysis of recent models in the EU, U.S., and Global South, finally calling for a binding international agreement and national legal changes to secure accountability and access to justice. The study seeks to enhance global legal mechanisms that promote human rights in corporate conduct.
The Indian Uniform Civil Code aims at providing a set of common laws governing personal matters like marriage, divorce, inheritance, and adoption pertaining to its citizens irrespective of their religion. This legal development derives from Article 44 of the Indian Constitution. Its goal is to promote national integration and equality by taking the place of various personal laws based on religion. Its advocates see the UCC as a positive action to promote secularism, highlight gender equality, and address discriminatory traditional practices entailed in the religious laws. On the other hand, opponents see the UCC as a violation of the religious freedom and cultural identity of people and fear that the UCC will impose the cultural practices of the majority upon the minority people. Recently, Uttarakhand passed a bill to implement UCC that institutes uniform personal laws work with live-in relationship and registration, raising the topic of the rights of minorities, and positioning equality with freedom of religion. A number of national challenges pose barriers to the implementation of UCC such as constitutional conflicts, differing personal laws, socio-cultural resistance, and political elements. Comparative studies with secularism constructs in France and Turkey and international structures, including the European Convention on Human Rights, can provide opportunities for discussions regarding balancing the tension between the freedom of religion with a secularist agenda. Civil society and religious based organization , play a pivotal role in influencing public opinion and policy agendas. As the UCC may influence national identity and social cohesion, collective decisions should be made, ensuring that the UCC contributions to legitimate progress in Indian society while considering their positionality.
Facial recognition technology (FRT) and mass surveillance systems have revolutionized contemporary governance, security, and business environments, providing an unparalleled ability to identify and trace. Their spread at an accelerating pace, however, gives rise to serious privacy issues, challenging individual freedom, civil rights, and human rights. This paper discusses the effects of FRT and mass surveillance on privacy, considering ethical challenges, legal infrastructures, and social effects. By way of case studies, regulatory analysis, and multi-methods, it draws attention to biases in FRT, the dangers of uncontrolled surveillance, and the insufficiency of existing protections. The paper suggests a principled governance framework to weigh technological gains against strong privacy protections, with transparency, consent, and human rights at its center.
One of the cruelest things that could ever happen to a child is abuse. Children is being abused no longer a serious crime in the eyes of the public. There are varies types of abuse such as physical, sexual, emotional and neglect. All of them have a serious impact over the future generation. This research predominantly deals with physical abuse faced by children. The most important thing that influenced the researcher to take up this topic was a video on Face book which portrayed a boy child being terribly abused by his mother. And the only motive of the researcher is to stop the children being victim to these kinds of abuses and the societal must pay great attention to put an end to these crimes. In this doctrinal research by using secondary sources, the cause of child abuse, its impact over children, why is it caused in the first place and the provisions in relation with this crime has been chronologically demonstrated. The main reason why the child abuse is still wandering over the country is due to the inefficiency of the statutory commissions and the lack of intense punishments towards this kind of offences.
Home-schoolings, as the name suggests means schooling the child at home. The main purpose of this is to cater to the specific needs of the child. This type of education is largely different from public-schooling and while it can be considered as an alternative to public-schooling, this alternative is not free of its share of fair problems. Home-schooling is also defined as the teaching and a learning situation, where children spend the majority of the regular school time in or near their home, instead of attending a conventional school. But with the enforcement of RTE Act, it seems that there are certain barriers for home-schooling in India. The RTE Act has raised questions regarding the legality of Home-Schooling in India. The aim of the author in this paper is to understand the legality of home-schooling in India in light of the RTE Act and the subsequent impact of home-schooling in India. The author has analysed the present paper through the doctrinal research methodology. Secondary data including journals, research papers, books, case laws and newspaper articles have been referred. It can be concluded the legality of Home-Schooling in India is still uncertain, but with the affidavit filed by the Union MHRD in the case of Shreya Sahai and Ors. vs. Union of India and Ors., it can be understood that it is still legal. It remains to be seen if in future the RTE Act will be amended to include home-schooling as well.
India’s judiciary faces an unprecedented backlog of over 5 crore cases, threatening the right to timely justice. In response, the e-Courts Mission Mode Project was launched to digitize court processes through online filing, virtual hearings, and real time case tracking. This paper examines the effectiveness of digital delivery in addressing judicial delays by analyzing Phase I, Phase II, and Phase III of the e-courts initiative. Drawing on government data, judicial statistics, expert views, and international comparisons, the study finds that while e-Courts have modernized procedures and helped prevent additional delays, they have not significantly reduced the existing backlog. Ongoing challenges such as infrastructure gaps, limited digital literacy, and procedural rigidity continue to limit impact. The paper concludes that digital reform is necessary but must be accompanied by broader changes including more judicial appointments, improved case management, and inclusive access to justice.
The worldwide displacement crisis, with more than 120 million forcibly displaced individuals as of May 2024, has revealed the inadequacies of the 1951 Refugee Convention and its 1967 Protocol in meeting modern challenges like climate-related displacement, mixed migration, and protracted refugee situations. This paper discusses the pressing need to reform international refugee law to protect asylum seekers more effectively while maintaining state sovereignty and global responsibility-sharing. It examines the trends of today, such as policies of externalization, securitarian asylum measures, and rising climate-linked displacement, and advocates a revamped legal framework encompassing broadened definitions of refugees, regional arrangements, and novel protection mechanisms. It prioritizes equitable burden-sharing and the embedding of human rights considerations to yield sustainable solutions to asylum seekers.
The individual most affected by the acknowledgment of wrongdoing is the victim of the crime. In ancient time, the victim played a central role, with a focus on compensation for harm suffered. However, as criminal law evolved into its modern form, the victim's role steadily diminished. The older system of direct compensation was replaced by a state-driven approach to addressing criminal acts. This shift led to the separation of penal consequences from victim compensation, fundamentally transforming the criminal trial into a process where the victim's involvement is limited to serving as a witness. Such relegation of victim to the position of a mere witness has been challenged by the victim rights movement in various countries and sought to be ameliorated with the help of legislative reforms. While India has unfolded similar kind of reforms for enhancing the participation of victim, the results are not consistent and victim satisfaction is still very low. In this context, this paper undertakes a doctrinal investigation of victim participation under India’s new criminal laws unveiled in 2023. It analyses the concept of victim participation and its importance for an inclusive justice in a criminal trial. Further, it discusses the reflections of victim participation under the present criminal laws. Lastly, it concludes with recommendations aimed at balancing victims’ rights with due process, thereby advancing the adversarial justice and procedural fairness.
The Uniform Civil Code (UCC), enshrined under Article 44 of the Indian Constitution, represents a constitutional aspiration to replace religious personal laws with a unified legal framework governing marriage, divorce, inheritance, and adoption for all citizens. Despite its presence in the Directive Principles of State Policy, the UCC has remained one of India’s most debated and politically sensitive issues due to the country’s religious and cultural diversity. The recent enactment of the Uttarakhand UCC Bill, 2024, marks a landmark development, making it the first Indian state post-independence to codify uniform personal laws applicable to all citizens regardless of religion (with limited exceptions for Scheduled Tribes). This research paper explores the historical, constitutional, and judicial dimensions of the UCC, examines the provisions of the Uttarakhand Bill in detail, and analyses its potential as a legislative template for national implementation. Through a comparative lens, the paper evaluates how the Bill addresses key personal law areas—marriage, divorce, adoption, inheritance, and live-in relationships—while ensuring gender justice and secularism. It also highlights the constitutional tensions between Articles 25 and 44 and critically assesses judicial pronouncements and constituent assembly debates. Finally, the paper proposes a phased, consultative, and culturally sensitive approach to nationwide implementation. The findings indicate that while uniformity in civil law is achievable, it must be pursued through consensus, not coercion, balancing constitutional ideals with India's pluralistic identity.
The accelerated growth of renewable energy projects, fueled by international climate pledges such as the Paris Agreement, has resulted in new environmental and legal issues. The shift to green power in India has not been without its ecological impacts, which have targeted wildlife, biodiversity, and indigenous communities. This dualism of renewable energy, both being a cause and a cure for environmental problems, has seen earnest judicial intervention. Indian courts and the National Green Tribunal have been instrumental in incorporating global environmental norms such as the "precautionary principle" and "polluter pays" into national law, thus framing environmental jurisprudence in the energy transition scenario. Climate litigation has become a key instrument to tackle the responsibilities of governments and business entities for environmental destruction, inducing accountability and governance changes. Around the world, nations are experiencing an upsurge in climate cases, indicative of increasing legal awareness of the negative effects of climate change. At the same time, the idea of a "just energy transition" has become more prominent, with the need for a fair transition that protects vulnerable groups and transitions to clean energy. Judicial statements across the world recognize the fine balance between encouraging renewable energy and environmental justice. The developing jurisprudence highlights the need for strong regulatory frameworks, participatory government, and creative legal tools to enable a sustainable and fair energy transition.
In India, the entertainment industry is currently undergoing rapid transition, with the advancement of new technologies. Copyright under Intellectual Property rights (IPR), protects the rights of creators over his or her own creation. The popularity and relevance of music in our country has been increasing day by day. But in this globalized era, the problem of duplication or copying of lyrics by remixing songs is not only infringing the rights of the owner but also degrading the uniqueness of music of that particular song. This paper mainly focuses on the legality of remix culture under copyright law.
This paper explores the intersection of Intellectual Property (IP) and gender inequality. It highlights how IP acts as a catalyst for innovation and economic progress but examines how the current system limits non-male genders, especially women, from fully participating in creative fields. It also sheds light on the limited access women have to innovation-based sectors. Additionally, the paper focuses on non-binary genders, discussing how their contributions are often overlooked in traditional IP frameworks, which mainly address binary gender gaps. The unique challenges faced by non-binary individuals, and their lack of recognition, are emphasized, showing how their exclusion hinders progress towards the United Nations' Sustainable Development Goals (SDGs). By addressing the intersectional nature of gender inequality in the IP sector, the study provides a more comprehensive understanding of the barriers faced by disadvantaged genders. Finally, the paper calls for policy changes and reforms to create gender-inclusive IP frameworks that cater to both women and non-binary individuals. It advocates for incorporating gender perspectives to bridge the gender gap, advance SDG targets, and promote social justice, aligning with constitutional principles that explicitly support gender equality.
The sports industry is a major global economic force, generating billions of dollars in revenue each year. Intellectual property (IP) is a key asset for sports organizations, as it protects their brands, logos, slogans, and other valuable assets. However, IP protection in the sports industry is facing a number of growing challenges, including the rise of new technologies, the increasing globalization of the industry, and the growing popularity of fan-created content. This empirical research undertakes a comprehensive analysis to examine the prevalent legal challenges and strategies employed to safeguard intellectual property within the sports industry. The research objectives encompass identifying the most common types of IP issues prevalent in the sports sector. The effectiveness of conventional IP protection mechanisms in safeguarding sports-related IP assets will be assessed. By delving into the legal precedents and outcomes of these mechanisms, the study seeks to evaluate their ability to protect the commercial value and exclusivity of sports brands, logos, and content. Moreover, this study will explore the role played by sports governing bodies and leagues in enforcing and protecting IP rights of their member teams, athletes, and event organizers. Understanding the responsibilities and practices of sports entities in this regard is crucial for comprehending the broader ecosystem of IP protection and how it impacts sports stakeholders. The findings aim to contribute to a more comprehensive understanding of the importance of IP protection in the sports industry, aiding athletes, sports organisations, policymakers, and legal experts in adopting robust strategies to preserve their creative assets and IP rights effectively. Ultimately, this study seeks to strengthen IP protection practices in the sports domain, fostering a more sustainable and innovative ecosystem for all stakeholders involved.
The country's continuous population increase results in more energy demand. Electricity, which is mainly produced from coal and is highly cost-effective in a country like India, is one of the most important energy sources in any community. Approximately 75 percent of the electricity used in our country comes from coal. The primary and most important resource for meeting the demands of the expanding economy has always been the coal sector, which is vital to Indian industry. However, despite worldwide adoption of renewable energy sources, the coal sector still meets at least half of India's basic energy demands. For many years to come, the coal sector will continue doing this. According to the Planning Commission's Integrated Energy Policy, coal will continue to supply 40% of the world's primary energy needs even after the 2030s. The industry has been in the spotlight since the coal allocation scandal, also called "The Coalgate Scam." Coal India Limited, the biggest government coal producer in the world, currently controls the whole Indian coal market. In 2020, India started commercial coal mining through coal mine auctions after decades of public-sector ownership and control, making the private sector a minor player in coal mining. Despite the introduction of commercialization, the coal sector continues to face several internal and external challenges. A thorough regulatory framework is required for the coal sector in India. The author examines the structural, financial, and other issues the industry has been dealing with and suggests modifications to the sector's regulatory framework.
This study explores the tribunal system in India, focusing on its purposes, functions, and challenges. It begins with an introduction to the system, outlining its definitions and various types. The research highlights the necessity of tribunals in addressing specific legal needs and examines their effectiveness in fulfilling these roles. It delves into the functions of tribunals, including dispute resolution and specialized adjudication, while also identifying significant challenges such as accessibility, efficiency, and public perception. The core objective of this work is to assess whether the tribunal system effectively meets the demands it was designed to address. Furthermore, it considers the future of the system if current shortcomings persist. The study also investigates the evolution of tribunals in response to changing legal landscapes and societal needs, proposing potential strategies for improvement. Ultimately, this work aims to contribute to the ongoing discourse on the efficacy and relevance of the tribunal system in India, providing insights into its role within the broader judicial framework.
The present study explores the interdisciplinary application of Shannon’s entropy formula, originally developed for information theory, to assess the epistemological uncertainty termed as "legal entropy" in judicial processes. By mathematically conceptualizing the unpredictability and information loss associated with narco-analysis through Shannon’s entropy model, the research demonstrates that such evidence often increases epistemic instability rather than mitigating it. This framework provides a novel lens to evaluate scientific evidence in courts and urges a reassessment of how the Indian judiciary integrates such ambiguous inputs into legal reasoning.
This paper examines the fundamental tension between administrative law codification and adaptive governance imperatives, challenging the assumption that these approaches are inherently incompatible. Through a comparative study of Germany, France, and the United Kingdom, this research reveals how different legal systems navigate the competing demands for legal certainty and regulatory flexibility in response to complex contemporary challenges such as climate change, public health emergencies, and technological disruption. Analyzing legislative frameworks, administrative practices, and judicial decisions from 2000-2022, the study demonstrates how procedural codes are evolving beyond their traditional stabilizing function to incorporate adaptive mechanisms that enable responsive governance while maintaining rule of law safeguards. The findings suggest the emergence of "adaptive codification"—a hybrid approach that embeds flexibility tools within procedural frameworks—with significant implications for administrative law theory and reform. This study contributes to both codification and adaptive governance scholarship by identifying pathways for reconciling seemingly contradictory administrative law traditions in an era of accelerating complexity.
The integration of technological advancements is transforming the landscape of international arbitration, reshaping it into a more efficient, accessible, and transparent mode of dispute resolution. This paper explores how cutting-edge innovations—such as artificial intelligence (AI), blockchain, and virtual hearing platforms—are revolutionizing traditional arbitration processes. By examining the tangible benefits these technologies bring, including cost reductions, enhanced procedural efficiency, and increased accessibility for parties worldwide, this research delves into the transformative potential of tech-driven arbitration. The study also addresses the challenges posed by these advancements, such as cybersecurity risks, data privacy concerns, and the potential for technological disparities among parties. A unique focus is placed on the evolving role of arbitrators, who must now navigate complex technical terrains while maintaining neutrality and adaptability. Through an interdisciplinary lens, the paper evaluates the implications of adopting emerging technologies, not only for procedural efficiency but also for the substantive outcomes of disputes. By showcasing real-world case studies and exploring hypothetical scenarios, this research aims to illustrate the nuanced interplay between innovation and tradition, arguing that a careful balance is essential for preserving the integrity of arbitration. The paper aims to reimagine arbitration’s future, offering a compelling vision of a system where technology serves as both an enabler and a challenge to justice in a globalized world.
This decade has witnessed a tremendous shift in the landscape of content generation. The recent entrance of various generative artificial intelligence tools in the entertainment industry cannot be labelled as anything but unprecedented. Various artists, writers and other players who occupy the creative front of the entertainment industry naturally stand to lose the most. With the opportunities within the industry already being so few and far between, there exists a very real danger of further contraction of opportunities within the industry. Between all of these developments, we must not forget that voice actors have become one of the most vulnerable groups who are in danger of being side-lined by the recent entry of AI voice cloning tools in the industry. This paper will seek to problematize copyright protection and argue that it should extend to one’s voice. Literature within this domain does not pertain to empiricism and the lenses used to analyse copyright law have not been expanded to include recent developments in the industry. This paper is a doctrinal endeavour, which focuses primarily on Indian copyright law and refers to American jurisprudence with regard to the same. An analysis of cases such as Midler v. Ford Motor Co. and Eastern Book Company & Ors vs D.B. Modak & Anr have been used to demonstrate the need to impart copyright protections to voices as a cause of action. This paper will also refer to scientific papers, articles and journals to situate these generative AI models in the context necessary for a novel application of copyright law. This will enable us to identify and guarantee remedies for those who are in danger of being subject to exploitation.
In today’s digital age, social media platforms function not only as communication tools but also as avenues for extensive data collection and behavioural profiling. While consent remains a fundamental principle in contract law and data protection frameworks, it often manifests as a routine checkbox, frequently agreed to without full comprehension or deliberate choice. Many users accept complex terms of service on platforms such as Facebook, Instagram, and Twitter without a clear understanding of how their personal data will be utilised, shared, or monetised. This scenario invites legal and ethical reflection, especially concerning the validity of such consent under Indian law. This paper undertakes a doctrinal analysis of India’s data protection and contractual legislation to evaluate whether user consent to social media terms of service meets the criteria of being “free, informed, and specific.” It examines three key legislations: the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023. The paper also compares Indian legal provisions with international standards, notably the European Union’s General Data Protection Regulation (GDPR), which prioritises affirmative, detailed, and revocable consent. While the GDPR imposes stringent obligations on data controllers, Indian law tends to adopt a more formal approach, often permitting reliance on nominal user consent without verifying genuine understanding or voluntariness. To address these challenges, the paper advocates for legislative amendments, proactive judicial interpretation, and comprehensive user education initiatives. Such measures could help evolve digital consent from a procedural requirement into a substantive, rights-based framework.
The concept of negligent misstatement, which acknowledges accountability for monetary losses brought on by reliance on false or inaccurate assertions, is essential in bridging the gap between contract and tort law. The principle's growth via later decisions like Caparo Industries plc v. Dickman is examined in this paper, following its historic recognition in Hedley Byrne & Co Ltd v. Heller & Partners Ltd. It examines the components required to prove such liability, including foreseeability, duty of care, reliance, and the existence or lack of disclaimers. The scope and limitations of this tort are further examined in the paper through a doctrinal analysis, particularly in view of the contemporary difficulties presented by professional advice platforms and digital communication. The study emphasizes the necessity for a more explicit acknowledgement of this principle in Indian tort law, despite its primary foundation in English jurisprudence. The paper advocates for a balanced strategy that safeguards real dependence without placing an undue burden on specialists by critically analyzing academic literature and case law. In order to guarantee improved legal clarity and fairness when handling claims of negligent misstatements, the study ends by proposing reforms and comparative observations.
This research paper investigates the relationship between the Insolvency and Bankruptcy Code (IBC) of India and the dynamics of mergers and acquisitions (M&A) in the Indian corporate environment. Since its introduction in 2016, the IBC has dramatically reformed the corporate insolvency system, with the goal of improving creditor protection and expediting the resolution process. This paper investigates the impact of the IBC on M&A operations, with a special emphasis on how the code has influenced business restructuring, asset acquisition, and the strategic decisions of domestic and international investors. This paper outlines major themes, problems, and possibilities arising from a rigorous review of recent M&A cases under the IBC system. The study indicate that, while the IBC has created a more organized environment for distressed asset acquisitions, it has also added complexity in regulatory compliance and valuation. The impact of the Insolvency & Bankruptcy Code (IBC) on distressed assets, Mergers and acquisitions (M&A), and the Indian business environment is examined in this research. The study intends to analyze the changes brought about by the IBC through a comprehensive review of the literature and case studies and also suggests the way forward.
Information and communication technologies (ICT), artificial intelligence, blockchain technology, big data, the internet of things, and other so-called end-to-end digital technologies are actively used in all facets of life, including maritime transportation, which is one of the key features of the modern world. An appropriate legal framework that can ensure cybersecurity in maritime transport is currently a challenge for the practical implementation of information technologies and autonomous vessels in the maritime industry. The cybersecurity concerns of maritime vessels' marine transport infrastructure facilities receive minimal attention1. Due to a lack of international collaboration and a common approach to the conceptual framework of cybersecurity, there is currently no appropriate legal framework for governing this field. Cyberattacks on ships will inevitably become the rule rather than the exception as hackers' strategies get more sophisticated. This article presents a comprehensive analysis of cyber-security frameworks and a classification of cyberattacks in the maritime industry. It also aims to identify the most effective approaches to enhance the current cyber security protection.
Scientific advancement greatly impacted forensic science. These advancements have led to the establishment of forensic laboratories, which use standardized methods and utilize scientific approaches to considerations in determinations made in criminal cases. The advances of forensic fingerprinting, toxicology, forensic ballistics, entomology, forensic anthropology, and DNA analysis mean the field has undergone significant revolutions; however, cross-border criminal investigations face obstacles and challenges such as differences in law and processes between jurisdictions, language barriers, and cultural impediments. Forensic collaboration on cases such as the murder of Yara Gambira Sio in Italy and the 26/11 Mumbai attack in India shows the importance of working together internationally through case studies. continued practice requires standardized forensic protocols, training capacity building, ethical implications, data sharing agreements, and non-governmental organizations (NGOs) and intergovernmental organizations are important to the development of forensic ability worldwide. While predictive policing has much promise, it has many ethical and legal concerns. The importance of harmonized forensic processes globally is to help with a range of international investigations and as an entire justice system. This paper discusses the impact of scientific progress on forensic science, region-specific challenges, and case studies on cross-border criminal investigations, implications of advancements for future practice, the role of NGOs and intergovernmental organizations in training and capacity building, predictive policing and international implications, and a place for a global forensic framework.
This paper explores the evolution and current state of Digital Rights Management (DRM) within the Indian legal framework, particularly focusing on the implications of the Copyright (Amendment) Act, 2012. By examining the integration of Technological Protection Measures (TPMs) and Rights Management Information (RMI) into Indian copyright law, the study assesses the adequacy of existing legal provisions in addressing the complexities of digital content protection. It evaluates the effectiveness of Sections 65A and 65B in deterring unauthorized access and distribution of creative works while considering the interplay between the Copyright Act and the Information Technology Act. Drawing on both domestic developments and international treaty obligations, the paper highlights key enforcement challenges, jurisdictional ambiguities, and the broader impact on stakeholders in the digital ecosystem. Ultimately, the research underscores the need for a balanced approach that supports innovation and access without compromising the rights of content creators in an increasingly digitized economy.
Advocate Welfare Fund (AWF) is the statutory scheme provided as financial support to the legal professionals facing health crisis, death or retirement etc., However, advocates often find obstacles in availing the AWF due to inconsistent fund disbursement, fund allocation, administrative gaps and misappropriation of funds. These instances show the systematic administration flaws which include lack of transparency, inconsistent implementation and mismanagement of funds. Notably in Kerala, Kerala Advocate Welfare Fund Trustee Committee (KAWFTC) faced significant scrutiny when a statutory audit revealed a loss of ₹7.61 crore due to unaccounted sales of stamps, inflated accounts, and unaccounted subscriptions. The Kerala High Court ordered a Central Bureau of Investigation (CBI) probe, criticizing the Trustee Committee for not maintaining records or conducting audits for over a decade, leading to widespread financial irregularities. Similarly, in Delhi, the High Court directed the state government to frame proper rules for the AWF, highlighting inconsistent fund disbursement and lack of transparency in the administration.In response to these issues, the Kerala government amended the Kerala Advocates Welfare Fund Act, 1980, to facilitate greater government control over the management of the fund. This included taking over the printing of stamps, ensuring annual audits by the state audit department, and appointing government officers to oversee the administration. These measures aim to enhance transparency and accountability in the management of AWFs. These instances highlight the critical need for comprehensive reforms in the administration of Advocate Welfare Funds to ensure that they effectively serve their intended purpose of supporting advocates in need. Also, those challenges persist the Madras High Court directed to settle the welfare benefits and to establish the stipends of the junior advocates. To enhance the depth and comprehensiveness of the topic this research approached the mixed-methods approach and collected various information from different resources like case laws, reports, notification, forums, studies and reputed articles.
The digital era has brought rapid technological advancements, transforming personal data into a highly valuable resource. This study examines how data protection and privacy rights are upheld in the United States and India.. Both nations face challenges in protecting individuals' privacy as technologies like mobile apps, sensors, and online platforms increasingly collect, store, and use personal data. In India, privacy has gained recognition as a fundamental right, but laws specifically addressing data protection remain underdeveloped. This creates a technology-driven environment where data is widely shared and used. Meanwhile, the United States has a longer history of addressing privacy through specific laws and regulations, though these are often focused on particular industries rather than providing comprehensive protection. This study compares how the two countries approach privacy and data protection, examining their responses to issues like data collection, online behavior tracking, and misuse of personal information. It highlights the need for clear laws that protect individuals while supporting technological and economic growth.
The rise of Artificial Intelligence (AI) has brought profound changes to the way companies operate and govern themselves. From boardroom decisions to stakeholder communication, AI is now embedded in critical areas of corporate governance. This paper explores how AI is shaping these governance functions, offering advantages like efficiency, transparency, and improved compliance. However, these benefits come with legal uncertainties and ethical concerns—ranging from data privacy risks to a lack of accountability in AI-driven decisions. By focusing on developments in India and comparing them with international approaches, the study identifies key regulatory gaps and ethical dilemmas. It argues for updating existing governance frameworks to ensure that AI is used responsibly and in alignment with stakeholder expectations. The paper concludes by recommending legal reforms and ethical practices aimed at balancing innovation with accountability in the AI era.
Family law in India is shaped by a complex mix of religious practices, personal laws, and constitutional principles. Over time, it has seen gradual reforms aimed at aligning with evolving societal norms, gender equity, and human rights. However, contradictions persist across religious groups and between legislative intentions and judicial interpretations. This paper offers a critical examination of family law reforms in India, particularly in areas like marriage, divorce, maintenance, guardianship, and inheritance, while comparing them with global best practices from jurisdictions like the UK, USA, and Canada. It advocates for a unified and secular legal framework that prioritizes constitutional values over traditional patriarchal structures.
The interplay between constitutional principles and the criminal justice system, focusing on how these principles guide the protection of individual rights and shape systemic reforms. The study evaluates constitutional safeguards, analyzes the tension between security and liberty, and explores reform initiatives addressing systemic inequities. Drawing on case studies and comparative analyses, it highlights best practices to ensure justice while upholding democratic values.
Gun violence poses a significant public security threat in Cameroon, exacerbated by separatist conflicts in the Northwest and Southwest regions and Boko Haram attacks in the Far North region. These crises challenge the state’s monopoly on the use of force, with illegal firearms far outnumbering those legally authorized. Firearms are used in numerous homicides, nonfatal injuries, and violent crimes annually. In response, Cameroon enacted Law No. 2016/015 of December 14, 2016, to regulate the manufacture, import, export, acquisition, possession, and use of arms and munitions. The law prohibits all transactions involving third category weapons namely: nuclear, biological, chemical weapons, and cluster munitions. The law assigns severe penalties for violations, including life imprisonment and the death penalty when linked to organized efforts. Despite this legal framework, enforcement remains a challenge. The paper recommends stricter and more effective measures to further reduce the illegal circulation of firearms and enhance national security.
Interfaith and inter-caste marriages in India pose major legal and societal hurdles, reflecting long-standing cultural and religious conflicts. Despite constitutional rights of equality and freedom of choice, couples in interfaith and inter-caste marriages frequently encounter prejudice, violence, and legal challenges. The Special Marriage Act of 1954, created to offer a secular framework for such partnerships, imposes procedural requirements that might subject couples to societal reaction, such as mandated public notifications that jeopardize their privacy and safety. Furthermore, certain states' anti-conversion laws have been criticized for placing additional difficulties on interfaith couples and limiting their freedom to marry freely. These regulations, which are generally intended to prevent forced conversions, are regularly abused to target and harass couples, infringing on their personal freedoms and autonomy. Judicial interventions have highlighted the need for changes to protect people' rights in interfaith and inter-caste marriages, stressing privacy, autonomy, and non-discrimination. However, loopholes in the execution of legal safeguards persist, and the judiciary's position vary, resulting in contradictions in the application of legislation. There is a clear need for a stronger legislative framework that balances individual rights protection with social concerns while also promoting inclusion and tolerance. Proposed improvements include amending the Special Marriage Act to improve privacy, streamlining processes to protect couples from harassment, and establishing clear standards to prevent anti-conversion legislation from being abused. Addressing these concerns is critical for creating a society that honors individual choices while upholding constitutional principles such as equality, decency, and freedom. To address the problems that interfaith and intercaste couples encounter in India, a holistic approach that includes legal changes, public awareness, and authority sensitization is required.
As the Supreme Court of India marks its 75th year, this paper critically reflects on its journey as the apex constitutional authority and sentinel of justice in the world's largest democracy. From its inception in 1950, the Supreme Court, being the watchful guardian and the torchbearer of transformative constitutionalism has given life and meaning to the black letters of the Constitution— by interpreting the Constitution, expanding fundamental rights, and safeguarding democratic ideals. It attempts to explore how the Court protects the rights and liberties of citizens, ensuring that constitutional morality triumphs over social morality, justice is not sacrificed to political convenience and that the rule of law is not reduced to rule of power. This paper traces the evolution of the Court's constitutional jurisprudence through landmark judgements that have redefined the contours of liberty, equality and justice, along with safeguarding the parliamentary government, federalism and the doctrine of separation of power, both in letter and spirit. It examines the exercise of judicial review, introduction of basic structure doctrine, the expansion of Article 21, the rise of Public Interest Litigation, judiciary’s proactive stance in environment, gender, and privacy rights and the adoption of a wider interpretation of the Constitution by the Supreme Court. Simultaneously, the paper engages with tensions between judicial activism and restraint, questions of institutional accountability, and challenges to constitutional morality. As India confronts new social and political realities, the Supreme Court stands at a critical juncture—tasked not only with upholding the rule of law but also preserving the constitutional ethos in an era of rapid change. The paper concludes by assessing the Court’s legacy, its resilience, its pivotal role in shaping a just and equitable Indian republic over the last seven and a half decades as well as the challenges ahead.
Public Sector Banks (PSBs) play a pivotal role in India’s financial architecture, accounting for a significant portion of total banking assets and credit disbursement. However, over the past decade, PSBs have been plagued by mounting non-performing assets (NPAs), weak balance sheets, and declining profitability. In response, the Government of India has implemented several rounds of recapitalization to restore the financial health and lending capacity of these banks. This research paper critically analyses the policy framework, objectives, implementation, and impact of PSB recapitalization in India. It traces the evolution of recapitalization policies from post-2008 financial crisis initiatives to the Indradhanush Plan and the subsequent Enhanced Access and Service Excellence (EASE) reforms. Using data from the Ministry of Finance, RBI, and published bank reports, the study evaluates the effectiveness of capital infusion in improving asset quality, credit growth, and operational efficiency. It also examines the interplay between recapitalization and governance reforms, highlighting gaps in structural changes that impede sustainable recovery. The paper argues that while recapitalization has provided short-term relief, it must be accompanied by deeper institutional reforms, including professionalized bank boards, stricter risk management practices, and rationalization of government ownership. The study concludes by offering policy recommendations to align capital support with accountability, transparency, and long-term financial stability. This analysis is intended to contribute to ongoing policy debates on the future of PSBs and the strategic direction of public sector banking in India.
The changing face of corporate governance across the world has been impacted by the growing importance of institutional investors in capital markets. Such organizations, which include mutual funds, pension funds, insurance companies, and hedge funds, own large chunks of shares in corporations and, therefore, have considerable power over corporates. This study addresses the role of institutional investors in developing the corporate governance system in India and the United States, two jurisdictions with differing but mutually reinforcing regulating approaches. India has certainly gone through a legislative cataclysm with the Companies Act, 2013, and the stewardship principles of SEBI, while the USA possesses a more developed governance system under the Sarbanes Oxley Act 2002, Dodd Frank Act 2010, and widespread shareholder activism. This paper views to assist in understanding the problem, the study uses comparative research to describe the most important similarities and differences regarding the systems of regulations, rights of shareholders, obligations of stewardship, and mechanisms of enforcement. The analysis shows that both countries accept in principle institutional investors have a role in improving governance, but the legal systems in those countries differ greatly in their level of responsiveness, activism, and openness. The recommendation presented seeks from USA best practices and contextual relevance suggest practical steps to bolster the legal and regulatory framework in India. This is one more effort in the policy debate concerning corporate governance and the protection of investors.
In layman's language, we perceive regulations as authoritative and commanding of sovereignty, yet “carrying big sticks” doesn’t work that efficiently. Should regulations include sanctions, or should speaking softly make a regulator a successful regulator? The rationality behind imposing regulations takes us back to the definition of regulation. This research paper advocates for keeping suasion on morality as a primary aspect of regulations rather than imposing regulations on the public. We will also explore examples of whether punishment is an efficient way of pursuing the objective of regulations and whether total persuasion and self-regulation assess actors in performing their duties. “Persuasion is cheap, and punishment is expensive.” Responsive regulation explores this statement in the optimal persuasion technique corresponding to retrieving fruitful results by the government. The choice of regulatory state by exploring Regulatory pyramids, the concept of less coercive to the strengths of it. The literature by Ayres and Braithwaite, published in 1992, previews responsive regulation and contributes theoretically. State interference should be minimal to please the public, or monitoring over self-regulation should be assigned. This paper examines a procedural approach to cooperation and coordination among regulators and the public. It also examines the strengths and weaknesses of Responsive Resolutions transversed by various scholars. The aim is to recognize Responsive Resolutions and suggest an important influence on various systems in various contexts. Keywords: Responsive Regulations, Self-regulation, Optimal persuasion technique, Regulatory Pyramid.
This outline examines the global regulatory paradox surrounding artificial intelligence (AI) through the dual lenses of AI exceptionalism and the illusion of control. It critiques how privacy frameworks, particularly in India and the European Union, either delay intervention by overstating AI's novelty or rely on outdated consent-based models that fail to address AI's structural harms. Employing a comparative, doctrinal, and policy-based methodology, the paper analyzes India's Digital Personal Data Protection Act, the EU's GDPR and EU AI Act, as well as international frameworks such as the OECD AI Principles and Article 19 standards. Advocating for a post-exceptionalist model of governance, the paper calls for structural accountability, collective data rights, and democratic oversight. It reframes privacy not as an individual choice, but as a foundational condition for autonomy, equality, and public trust in the algorithmic age.
The Doctrine of Privity of contract, which originated from English common law, asserts that only the parties to a contract can enforce a contract's terms or be bound by a contract's terms. In India, even though the Indian Contract Act, 1872 does not expressly provide for the privity of contract doctrine, courts have consistently employed it through judicial construction, resulting in both predictability and uncertainty. While the Act permits a third party to provide consideration for a contract, the doctrine requires that only contracting parties can enforce the contract, creating a doctrinal inconsistency. Courts have provided limited alternative remedies through judicial exceptions (such as trusts, family settlements and agents), but these exceptions are limited in scope and inconsistent. This article will examine the historical and statutory underpinnings of privity in India, as well as its judicial application and the increasing imperative for legislative reform. It will highlight both comparative lessons from other jurisdictions and the Law Commission of India and argue for a codified statutory provision that would permit a third party to enforce its contractual rights where the parties intended to confer a benefit to the third party. This will ultimately remedy this inconsistency and put Indian contract law more in line with commercial realities, while enhancing legal certainty, fairness, and doctrinal clarity.
The enactment of Digital Personal Data Protection (DPDP) Act, 2023 has changed the era of data privacy in India and more in particular in the banking sector. Under the Data Fiduciary model, Banks have an obligation to seek the explicit agreement of people to getting their personal data collected or processed. The Act also brings into play the concept of deemed consent in that data can be processed even where there has been no explicit agreement in some situations e.g. to comply with the law or to meet an emergency situation. To achieve accountability, the Act requires the banks to employ Data Protection Officers, perform recurring audits on data and have an improved grievance redressal system to the data principals. Another important condition is that any violation of the privacy of information or illegal sharing of that information should be reported to the Data Protection Board of India and the affected person as soon as possible. The 2023 Master Direction issued by the Reserve Bank of India (RBI) on outsourcing of IT services places stringent accountability on banks, ensuring that third-party vendors adhere to data protection standards. With the expansion of digital banking, the protection of customer data has become more critical than ever. This article evaluates the growing necessity for robust legal frameworks to safeguard customer records within India's banking system. It further examines whether existing legislations including the Information Technology Act of 2000, RBI’s cybersecurity policies, and the Digital Personal Data Protection (DPDP) Act are sufficient.
Every property as a good, is circulated and distributed in such a way that it reaches people in a way equitable manner, in a welfare society. This process of distribution is a huge chain which involves the labor of various contributors which involves both mental labor and physical labor. When Intellectual property as a result of intellectual labor, and its logistics is concerned, does logistics of the end result of intellect, i.e., the commodity, satisfies the logistics of Intellectual Property? Of course! It is one means of IP logistics, but not in toto. Thus, for the fullest and efficient logistics, there is a need of creation of knowledge society. This research paper, studies how an intellect could be logistically reached out to people. The existing law, which regulates the flow of technology, ensures the complete disclosure of the IP and its availability for the public utility, upon the interest of the society. But this is incomplete without the creation of knowledge society and this research paper suggests education as a means, by making an attempt to introduce the inter-discipline of IP Logistics.
The Indian Constitution, originally adopted in 1950, has proven to be a dynamic and adaptable framework capable of addressing new-age challenges, including those arising in the digital and technological spheres. With the exponential growth of digital infrastructure and the rise of Artificial Intelligence (AI), concerns surrounding privacy, data protection, surveillance, algorithmic bias, and accountability have become central to democratic governance. This essay examines how the Indian Constitution protects digital rights, explores the evolving jurisprudence around AI governance, and assesses the role of constitutional institutions in ensuring a rights-based approach to technology adoption. By analyzing legal provisions, landmark judgments, and emerging policy frameworks, the essay underscores the relevance and resilience of the Indian Constitution in the face of digital transformation.
Alternative Dispute Resolution has emerged as a vital mechanism for resolving disputes outside the traditional courtroom framework. Alternative Dispute Resolution is a dispute redressal mechanism and a reliable source of settlement of disputes outside courtrooms. Alternative Dispute Resolution (ADR) had always been a dispute resolution from the very beginning. But it is emerging as an integral part of the judiciary in recent times. It is not a new concept but it speed up in recent years that it indicates that it is a new concept. This article evaluates recent legislative and policy developments, including the push for institutional arbitration and the introduction of online dispute resolution. Through the socio-legal lens, the study explores the potential of ADR in addressing commercial, matrimonial, and community-based conflicts. The research concludes with recommendations for strengthening the ADR framework in India to enhances its accessibility, credibility and enforceability.
The short-form content particularly reels and memes has an exponential growth in recent years. Due to this we can see difference in form of expression it is easy to expression in this era because of the short form content. Platforms like insta, you-tube, Facebook, tik tok(currently banned) and many more helps the users to make content which is humorous, sarcastic and often socially impactful. With the rise of the sort-form content there are also growing legal challenges like hate speech, copyright infringement, defamation, breach of privacy, platform accountability etc. which have not been enough legally explored yet. This essay examines the legality of short-form content in India and globally. It talks about important legal framework, landmark cases, accountability of platforms and duties of content creators. It gave us balance approach between freedom to make content and their accountabilities.
Corporate Insolvency Resolution Process governed by Insolvency and Bankruptcy Code, 2016 deals with recovery mechanism adopted by creditors against the corporate debtor. The entire process is a constant interplay of commercial wisdom and judicial discretion. It can be initiated either by Financial Creditor, Operational Creditor or Corporate Debtor himself. Once it is accepted an interim resolution professional will be appointed and he convenes a Committee of Creditors. With the approval of Committee of Creditors, a resolution professional will be appointed, who invites resolution plans from resolution applicants. The one plan which is passed by Committee of Creditors will be sent to National Company Law Tribunal for approval. This process is guided by constant overview of National Company Law Tribunal and each step is interpreted in multiple ways by the judiciary. Moreover, the economic relevance of this process with particular focus on a developmental comparison before and after 2016 is given. In particular the decision in the matter of Essar Steel Insolvency Case and its impact in the Indian economy is analysed in detail.
In recent years, artificial intelligence (AI) has experienced significant advancements. Currently, AI tools are being utilized more frequently by organizations in both the private and public sectors worldwide. The potential of AI today and in the foreseeable future offers considerable advantages for individuals, institutions, and society as a whole. Nevertheless, these technological advancements also present critical challenges, particularly regarding the relationship between AI and data protection regulations. Consequently, we face both a chance and a responsibility to assess the adequacy of existing data protection laws in the context of contemporary technological developments. The relationship between artificial intelligence (AI) and data protection legislation is becoming more complex, leading to various legal and ethical dilemmas. Although current data protection regulations, such as the Digital Personal Data Protection Act (DPDP) in India, are designed to protect personal information, they may not adequately tackle the distinct challenges that AI presents. This paper explores the existing data protection laws in India as well as examine the legal framework ,statues and case laws related to AI .The paper also evaluates the strength and weakness of the existing legal framework and provides a recommendation to address the challenges of AI and data protection.
Violation of socio-legal promises was introduced as a significant factor affecting male suicide, as the abated suicide rates, which were higher for men than women, never went down across the world and persisted. Men die by suicide 3–4 times more than women (World Health Organization; WHO, 2023), and recently released National Crime Records Bureau (NCRB, 2023) data also show that more than 70% of all suicides in India are made by men, especially in the age category of 30–50 years. A study linking the criminalization and societal derision of men to escalating suicide figures — particularly about family relations, fictitious criminal allegations, workplace pressure, and social marginalization. Thus, judicial notice regarding Friday’s abuse of Sec 84a and its mental ramifications on men have been witnessed in many sycophantic gleanings of “Arnesh Kumar v. State of Bihar (2014)” and “Rajesh Sharma v. State of UP (2017)”. In addition, by utilizing survey-based reports from mental health organizations, the study indicates that financial stress, loss of custody of their children, and fear of wrongful allegations are profound contributors to male distress. The study calls for a gender-neutral law, male-focused mental health services, and protection from false allegations by the courts. However, even with this growing awareness, policy change has never been sufficient, and population-level longitudinal data on the why of male suicide remains limited. Therefore, male suicide will be prevented only when this holistic approach includes legal justice, mental health assistance, and a greater awareness in society. It ends with a call to address male suicides as a human rights issue, requiring legal, institutional, and social reforms to avoid losing more lives.
The rapid emergence of Brain-Computer Interfaces (BCIs) marks a defining moment in human–machine interaction, transforming thought into action and reshaping the boundaries of cognition, autonomy, and privacy. Originally developed to assist individuals with severe neurological conditions, BCIs are now increasingly being adapted for non-medical contexts, including education, employment, and surveillance which raises urgent ethical and legal questions. At the core of these concerns lies neural data: intimate, continuous, and revealing information derived directly from brain activity. This paper explores the nature of neural data and critically evaluates the regulatory responses to its collection, processing, and commodification. Through a doctrinal and comparative legal analysis, the paper examines how jurisdictions like Chile and the European Union have attempted to address the risks associated with BCIs and neural data governance. While Chile has pioneered the constitutional right to mental integrity and proposed neuro-specific protections, the EU’s GDPR which is robust in general data protection, lacks clarity when it comes to the unique vulnerabilities posed by brain data. Furthermore, after Drawing on case law, legislative developments, and international policy instruments, this paper identifies significant gaps in consent mechanisms, ownership models, and surveillance safeguards. In this backdrop, the paper argues for a future-facing legal framework grounded in cognitive sovereignty. It asks for recognition of neural data as qualitatively distinct and demands dynamic, intelligible consent, enforceable rights to access and erasure, and explicit limitations on corporate and state intrusions. It is stated unequivocally that without such controls, the monetisation of the mind risks becoming the next frontier of digital exploitation.
The decriminalisation of consensual same-sex relations in Navtej Singh Johar v. Union of India (2018) marked a pivotal shift in Indian constitutional jurisprudence toward dignity and equality. However, the complete abolition of Section 377 of the Indian Penal Code (IPC) under the Bharatiya Nyaya Sanhita, 2023, without introducing a substitute provision, creates a legal void. This research investigates the scope and impact of Section 377, examining its historical context, judicial evolution, and the legal and social implications of its repeal. The study argues that the absence of a legal framework addressing non-consensual carnal acts, bestiality, and gender-neutral protections exposes vulnerable groups to harm. It concludes by recommending statutory reforms that uphold both individual liberty and necessary safeguards.
Empowerment of tribal women refers to focusing on their development through entrepreneurship thus enhancing socio-economic emancipation which will act as a medium of social change. The role of women in tribal communities has been very crucial and substantial because they face various challenges and obstacles both in-home and out of the home. Entrepreneurship development among tribal women is recognized as an element for promoting and imparting their skills thereby strengthening their managerial abilities and enhancing their socio-economic condition by promoting their traditional art and painting. Among the Gonds, though the women have contributed significantly to the development of the economy still their contribution is not well recognized. This study focuses on various factors to understand the role of tribal women entrepreneurs in the empowerment of the Gond tribe. In this backdrop, this paper explores various constraints and reasons for lack of entrepreneurship among Gond women with special focus on their traditional Gond Painting. It also aims to have an empirical study to understand the challenges in their entrepreneurship.