Volume VIII, Issue I / 2026

Abstract. Whistleblowing has become an important component of corporate governance because employees and other insiders are frequently the first to identify fraud, financial irregularities, regulatory violations and unethical conduct within an organisation. An effective whistleblower mechanism can assist companies in detecting misconduct at an early stage, strengthening internal controls, protecting investors and promoting corporate accountability. In India, the Companies Act, 2013 and securities regulations have formally recognised the importance of whistleblowing by requiring specified companies, particularly listed entities, to establish vigil mechanisms through which directors and employees may report genuine concerns. These mechanisms are expected to provide safeguards against victimisation and, in appropriate circumstances, direct access to the Chairperson of the Audit Committee. However, the existence of a statutory or regulatory requirement does not necessarily establish effective whistleblower protection. Concerns remain regarding retaliation, confidentiality, independence of investigation, management influence, accessibility of reporting channels and the availability of effective remedies. The absence of a comprehensive and operational private-sector whistleblower protection law further contributes to the fragmented nature of the existing framework. This paper critically examines the effectiveness of the vigil mechanism within corporate governance in India. It analyses the legal framework, the role of the Audit Committee, the relationship between internal whistleblowing and securities regulation, and the practical difficulties faced by whistleblowers. It concludes that India's framework has created an important institutional foundation but remains predominantly compliance-oriented, and proposes stronger anti-retaliation protection, independent investigation, enhanced confidentiality, effective escalation mechanisms and greater oversight by independent directors and regulators.

Abstract. This paper analyses the split verdict delivered by the Supreme Court in Ramesh Baghel v. State of Chhattisgarh, a case that raised the conflict between an individual’s right to dignity and religious freedom and the invocation of “public order” by the State. The primary research question that guides the paper is this: where the State justifies a limitation on fundamental rights by pleading public order, how should the courts reconcile Articles 14, 21 and 25 in a conflict between an individual’s autonomy and majoritarian apprehension. The first part lays down the trajectory of Articles 14 and 21, demonstrating that the State’s reliance on the maintenance of public order operates as a proxy for communal discomfort rather than a constitutionally verifiable threat. The second part analyses the proceedings before the Supreme Court and the split verdict that resulted, with emphasis on the differing opinions of Justice S.C. Sharma and Justice B.V. Nagarathna and their respective constitutional interpretations, one order-centric and deferential to communal sentiment, the other rights-centric and transformative. The third part dissects the split verdict through the constitutional tests of reasonable classification and proportionality. Through this lens, the paper argues that Justice Nagarathna’s reading of the facts aligns with constitutional morality and retains the primacy of individual rights over collective appeasement.

Abstract. Buy Now Pay Later (BNPL) has rapidly emerged as a preferred form of short-term consumer credit in India, fuelled by growing digitalisation, frictionless checkout journeys and instant approval mechanisms. Positioned as a convenient and flexible alternative to traditional credit, BNPL offers quick access to funds, interest-free periods and seamless integration with e-commerce and merchant platforms. This rapid expansion has, however, raised serious concerns regarding inadequate creditworthiness assessment, privacy, rising consumer indebtedness, opaque contractual practices and algorithmic transparency, and structural imbalances in bargaining power between consumers and fintech-driven BNPL providers. BNPL agreements are typically drafted as standard form contracts with one-sided provisions, often obscuring the negative consequences of non-payment, such as penalty charges, credit score deterioration and aggressive recovery mechanisms. At the same time, the regulatory landscape remains fragmented, with BNPL activities intersecting with, but not being comprehensively governed by, the existing frameworks on consumer protection, digital lending and data privacy. This study critically examines BNPL in India through an integrated legal, financial and behavioural lens. It focuses on three core dimensions: the level of financial literacy among users, the substantive and procedural fairness of BNPL contract terms, and the effectiveness of existing credit evaluation and regulatory safeguards within the broader Indian lending ecosystem. Combining doctrinal legal analysis with empirical insights from primary data, the study tests the relationship between BNPL users' monthly income and their knowledge, involvement and assessment of BNPL schemes, and finds that income level does not dictate user awareness or risk exposure, indicating that BNPL vulnerabilities affect consumers across all income brackets uniformly.

Abstract. Reservation in India is a constitutionally recognised affirmative action programme that seeks to address socially, educationally and structurally embedded disadvantage and inequality, and to further the constitutional commitment to substantive equality. Within this scheme, the ‘creamy layer’ doctrine is one of the exclusionary criteria employed to ensure that the benefits of affirmative action reach those members who remain substantially disadvantaged rather than the more advanced sections of the beneficiary groups. This paper critically analyses the constitutional basis, historical background, legal evolution and policy ramifications of the doctrine in Indian reservation law. It traces the development of reservation policy and the emergence of the creamy layer concept, and examines the doctrine in the context of the use of income, occupation, socio-economic indicators and other factors in identifying the advanced sections. It further raises the question whether the notion of backwardness can be uniformly applied to Scheduled Castes, Scheduled Tribes and Other Backward Classes, given the material differences in the history of these groups and the nature of their structural disadvantage. The emphasis of the paper lies on the controversial application of the creamy layer concept to Scheduled Castes and Scheduled Tribes and its implications for the goals of substantive equality, intra-group inequality, caste-based disadvantage and the constitutional philosophy of affirmative action. The paper also examines the application of the doctrine to promotional reservations in public employment and the associated challenges. The methodology adopted is mainly doctrinal and analytical.

Abstract. The rapid growth of social media has transformed communication and social interaction, but it has also created new possibilities for technology-enabled sexual violence. One of the newer forms of cyber abuse is sextortion, in which a perpetrator threatens to disclose, distribute or misuse intimate photographs, videos, messages or other sexually explicit content unless the victim meets demands for money, further sexual material, sexual favours or some other form of submission. Women are especially vulnerable, since the threatened leak of personal content may lead to social disapproval, reputational harm, psychological distress and financial loss. Social media aggravates the problem, because offenders can operate through fake accounts, anonymous users, temporary communication channels and rapid dissemination in order to target victims. Indian law does not yet define a single, comprehensive statutory offence of sextortion. Instead, various features of sextortion may be addressed through the provisions of the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 and other legislation. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 also impose due-diligence obligations on intermediaries and provide a means of responding to unlawful online content. This paper critically examines the legal protection available to women against sextortion through social media in India. It considers the constitutional rights to privacy, dignity and personal autonomy, the existing criminal and cyber-law framework, intermediary responsibility, investigation and digital evidence, and the practical realities faced by victims. It argues that the fragmented legal approach fails to capture the continuing, coercive and gendered character of sextortion. The paper recommends clearer statutory recognition of sextortion, greater platform accountability, swift removal of intimate content, specialised cyber investigation and protection of victim confidentiality.

Abstract. Ever since the enactment of the Constitution, the Uniform Civil Code (UCC) has been one of the most important yet controversial constitutional issues in India. Article 44 of the Constitution directs the State to endeavour to secure a uniform civil code for the citizens throughout the territory of India. The question of a UCC is especially crucial against the background of women’s rights, since aspects of family life such as marriage, divorce, maintenance and succession have traditionally been regulated by personal laws. The divergences between personal-law regimes have at times produced unequal legal consequences for women of different religious communities. At the same time, any proposal for a UCC raises constitutional questions of religious freedom, cultural diversity, minority rights and individual autonomy. This paper critically reviews how a Uniform Civil Code bears on the rights of women, both constitutionally and legally. It examines Articles 14, 15, 21, 25, 26 and 44 of the Constitution and assesses the judiciary’s approach to gender equality and personal laws through landmark cases. It also discusses the recent enactment of a Uniform Civil Code in Uttarakhand as a working test of uniform civil regulation. The argument is that a UCC can become an effective instrument of substantive gender justice only when it rests on constitutional morality, equality, dignity and individual autonomy. Uniformity must not mean the enforcement of majoritarian practices; the aim should instead be a common minimum standard of rights that does not erode legitimate religious and cultural freedom. The paper concludes that the success of a UCC should not be measured by the consistency of legal rules alone, but by its capacity to remove discrimination and to enhance the autonomy, dignity, economic security and access to justice of women.

Abstract. Universal health coverage (UHC) aims to provide people with access to quality healthcare services without financial hardship. This paper analyses the structure of, and the challenges in attaining, UHC in India, with a focus on the Indian health system and the roles of public and private health providers. It discusses issues of accessibility, affordability, quality of care, choice, financial protection and equity. It examines the heavy out-of-pocket expenditure burden in India and analyses the problems of poor public health infrastructure, inadequate human resources and variations in quality of care that result in a preference for private providers. While private hospitals are better equipped, operate with shorter waiting times and are more responsive, public health care is needed for affordability and for the very poor. The paper discusses the need for regulation, quality assurance and accreditation of providers, accountability and consumer empowerment as prerequisites for the equitable delivery of health care. It concludes that the delivery of quality universal health care in India requires the strengthening of public health infrastructure, investment in the health sector, sustainable financing and regulation of private providers, and a shift of focus to quality and financial protection through a coordinated public-private approach based on principles of equity and social justice.

Abstract. The recent youth mobilizations led by the Cockroach Janta Party (CJP) to protest against systemic malfeasance in the educational sector in India, including the NEET examination leaks, present an important context in which to study the state's contemporary response to democratic dissent. This paper examines the dual-layered paradigm of repression employed against the protesters, particularly women, following the 'Chalo Sansad' mobilization in New Delhi. It charts a trajectory of retaliation from gendered physical coercion by law enforcement to technology-facilitated gender-based violence (TFGBV) perpetrated by non-state actors ideologically aligned with the state but operating in a decentralized manner. The analysis explores the asymmetric use of the criminal justice apparatus, namely the Bharatiya Nyaya Sanhita (BNS) and the Intelligence Fusion and Strategic Operations (IFSO) unit, to highlight the symbiotic relationship between institutional power and digital vigilantism. The paper submits that, having regard to the constitutional jurisprudence developed by the Supreme Court of India in Kaushal Kishor v. State of Uttar Pradesh (2023), the State has failed to discharge its positive duty to protect the horizontal application of fundamental rights under Articles 19 and 21 against private digital actors. More broadly, the paper argues that the weaponization of the digital public sphere is a form of asymmetric warfare that has deep chilling effects on women's political agency and thereby reinforces patriarchal institutional hegemony.

Abstract. The issue of recidivism remains a significant challenge for criminal justice systems worldwide, including India. While punitive measures often dominate strategies to deter repeat offences, compensation as a victim-centric remedy has emerged as a potential tool for addressing recidivism. By emphasising offender accountability and fostering restorative justice, compensation mechanisms provide an avenue for addressing harm to victims while encouraging behavioural change in offenders. This paper explores the role of compensation in reducing recidivism from a doctrinal perspective, analysing its theoretical underpinnings, legal framework, and practical application within the Indian criminal justice system. Key statutory provisions, such as Sections 395 and 396 of the Bharatiya Nagarik Suraksha Sanhita, 2023, are examined alongside landmark judicial precedents to highlight the integration of compensation into criminal jurisprudence. Comparative insights from jurisdictions such as the UK, the USA, and Australia further illustrate the potential of compensation mechanisms to promote offender rehabilitation and societal reconciliation. The paper identifies significant gaps in the Indian framework, including inadequate enforcement of compensation orders, limited integration of compensation into offender rehabilitation programmes, and a lack of empirical studies linking compensation with reduced recidivism. Its recommendations include codifying guidelines for compensation within offender rehabilitation programmes, establishing offender-victim mediation initiatives, and conducting research to evaluate the impact of compensation on recidivism. By bridging doctrinal and practical gaps, the paper advocates a victim-centric, restorative justice approach that uses compensation to reduce recidivism and enhance public confidence in the criminal justice system.

Abstract. The global maritime industry remains structurally dependent on the “human element,” that is, the seafarers who navigate and maintain the vessels that carry most of international trade. Yet despite the existence of robust legal frameworks in the form of the United Nations Convention on the Law of the Sea (UNCLOS) and the Maritime Labour Convention, 2006 (MLC, 2006), seafarers continue to suffer welfare abuses. This article offers a focused commentary on the gap between the established legal protection frameworks and the practical reality of maritime jurisdiction. It argues that the use of flags of convenience (FoC) tends to sever the link required by international law, creating a jurisdictional void that dilutes flag State enforcement. Severe humanitarian crises, most notably seafarer abandonment, arise from this fragmentation and from the dynamics of legal buck-passing. Through a critique of these legal shortcomings, the article proposes a modernisation of the enforcement mechanisms to close the jurisdictional gap and protect maritime workers.