The rapid expansion of industrial and corporate activity has intensified the pressure on natural ecosystems, raising urgent questions about the legal accountability of corporations for environmental degradation. The ‘Polluter Pays’ Principle (PPP) serves as a cornerstone of environmental jurisprudence, mandating that those responsible for pollution must bear the cost of prevention, control, and remediation. This paper explores the evolving dimensions of corporate accountability for environmental harm through the lens of the PPP. It examines statutory frameworks, judicial interpretations, and policy developments in India that have sought to operationalize this doctrine. The study further situates India’s approach within a comparative context, analysing global best practices that strengthen corporate environmental responsibility. It argues that reaffirming the PPP through enhanced corporate due diligence, ESG-based compliance, and judicial enforcement is vital for realizing the constitutional promise of environmental protection and sustainable development.
#Environmental Law#Corporate Accountability#Polluter Pays Principle
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I. Introduction, Questions Predicament:, Joanna Belsess·Nov 16, 2025·10.5281/zenodo.17620716
Cyberspace has become a vital arena of conflict, representing a significant challenge to existing international law. State-supported cyber activities—spanning from disruptive actions such as NotPetya to damaging acts like Stuxnet—can cause societal damage similar to that of
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This paper is a critical evaluation of the present legal provisions relating to marital rape in India. India remains on of the countries which does not criminalize marital rape reflecting the lack of progressiveness. Marital Rape can be defined as the act of nonconsensual sexual intercourse or other acts of sexual nature by an intimate partner. Under Exception 2 of Section 63 of The Bharatiya Nyaya Sanhitha,2023 it is stated that “Sexual Intercourse or Sexual Acts by a man with his own wife, the wife not being under 18 years of age is not rape.” Thus, decriminalizing the act of marital rape further leading to denial of justice to victims of the aforementioned offence. Under BNS,2023 “rape” is defined as sexual violence in all forms which involves nonconsensual intercourse with another woman. India still lags behind global standards that acknowledges marital rape as a punishable offense subject to criminal sanctions. The reasons behind decriminalization of marital rape can be found in several Parliamentary Debates and Judicial rulings. The reasons ranges from protecting the institution of marriage arguing that criminalizing marital rape could interfere excessively with the marital relationship, to the already existing alternative remedies in law. The marital rape exemption under BNS, 2023 violates Article 14 of the Constitution of India which guarantees the right to equality before the law and equal protection of the laws. Numerous international jurisdictions have removed spousal exemptions and criminalize marital rape explicitly. This paper will discuss the significance of criminalizing the act of marital rape in India emphasizing that the current legal framework fails to protect women’s rights and violates gender equality and bodily autonomy.
This paper addresses the growing problem of media oligopolies in the Indian media landscape, which leads to the concentration of media ownership in India. It outlines the challenges posed by horizontal integration by corporations, leading to corporate control over the Indian media. The paper will also evaluate the current legal framework in India, the functioning of regulatory bodies, and the system's overall effectiveness, and use an analytical method of research to identify its shortcomings. The concentration of media and its ownership leads to a lack of media pluralism, which is essential for any working democracy. The media is often referred to as the fourth pillar of a democracy, but this term seems to be a far- reaching one without media pluralism allowed in an effective manner. This lack of media pluralism can be highlighted by looking at multiple examples of how horizontal integration affects it. There have been certain legal changes over time, but these have not addressed the risks of uncontrolled horizontal integration in the media world. Through the critical analysis, this research aims to understand how this scenario can be addressed with a progressive outlook that supports and fuels a more competitive environment. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
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The prison system, as an integral part of the criminal justice mechanism, has evolved from institutions of punishment to centers of reform and rehabilitation. This transformation reflects a broader change in penal philosophy from retributive to reformative justice. This paper provides a comprehensive analysis of the development of major prison systems— Penitentiary, Pennsylvania, and Auburn—and examines their historical influence on correctional ideologies worldwide. The evolution of the Indian prison system is analyzed through colonial legacies, post-independence reforms, and contemporary correctional frameworks. It discusses institutional treatment, classification of prisoners, prison types, and living conditions. The paper also explores correctional programmes such as education, vocational training, and participatory governance through prison panchayats. It examines community-based alternatives like probation, parole, and aftercare services under the Probation of Offenders Act, 1958. Finally, the study evaluates current challenges in correctional administration—overcrowding, custodial violence, mental health neglect, and infrastructural deficits—and offers suggestions for a more humane, rehabilitative, and effective correctional system aligned with international human rights standards.
The Right to Work has become even more important in the twenty-first century as a result of post-pandemic unemployment, the gig economy, and technological advancements. The Right to Work is a fundamental socioeconomic right that ensures a dignified livelihood and is rooted in the Directive Principles of State Policy as stated in Articles 38, 39, 41, and 43 of the Indian Constitution. The legal meaning of the Right to Work in India has changed over time, and this paper critically analyses how it is currently operationalized through skill development initiatives including the Pradhan Mantri Kaushal Vikas Yojana (PMKVY), the National Education Policy (NEP) 2020, and the Skill India Mission. The paper assesses how India's policy architecture aims to make employability a moral and legal right by drawing on international labor norms and constitutional law. The paper contends that although there has been a lot of progress, the Right to Work cannot fulfill its constitutional potential because it lacks institutional accountability and statutory enforceability. In order to create a rights-based and inclusive employment framework appropriate for India's digital and knowledge economy, it ends by suggesting legislative changes.
#Constitutional Rights#Digital Economy#Employment Law
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Author: M.Mohanapriya, II Year LLM Student at Chennai Dr.Ambedkar Government Law Co-Author: K.Balaji, II Year Master of Public Policy student at Indian Institute of The 2030 agenda for Sustainable Development which was adopted by the United Nations
#Renewable Energy#Science And Technology#Wind Plants
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Though agrochemical pollution is world wide problem. But specially developing nations are suffered a lot for agrochemical pollution. Though India is a growing economy but India is also considered as developing nation in front of international community. In India people are also suffered due agrochemical pollution. Excessive use of agrochemical beyond the fixed standard prescribed by concern laws has an adverse impact on environment and side by side on public health. Only registered and approved agrochemical can be used. Due to unawareness and lack of knowledge farmers sometimes used unapproved agrochemical or if uses approved agrochemical but few of them are applying beyond fixed standard. Excessive use of agrochemicals and use of unapproved agrochemicals causes reduction of soil quality, contamination of water, health issues of public including farmer. Though there are some laws to control agrochemical pollution ad. These laws are not properly implemented. TO stop the pollution there is need of more specific laws with strict implementation. Farmer should be properly trained and basic awareness should be spread among public regarding adverse impact of agrochemical pollution.
#Adverse#Impact#Agrochemical Pollution
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The rapid expansion of the Metaverse—a vast, interconnected system of AI and blockchain technological innovations and 3D virtual spaces with real-time human interactions—has started to change human relations, work, and human creativity. However, India’s patent legislation has primarily focused on mechanical and tangible inventions, which ignores the pressing need to conceptualize legislation for virtual and AI inventions. This article considers innovations in the Metaverse in the context of India’s patent system, particularly how the phrase “computer programs per se” in the Section 3(k) of the Patents Act, 1970, and the global discourse on AI-driven inventorship intersects. This article refers to the notable Indian case Ferid Allani v. Union of India and the recent software patenting cases, the article analyzes how courts have begun to change the interpretation of “technical effect.” This article also argues for the need of Indian legislation to adapt for AI-guided inventions and the need to retain human agency. This paper proposes several pragmatic policy initiatives to for India, including the clarification of Section 3(k), the formation of patent examination AI and Metaverse focused examination cell, and fostering collaboration between courts and patent examiners to strengthen India’s patent policy in the digital age.
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Because it fosters political stability, economic prosperity, and faith in the intrinsic dignity and worth of the common man, social security in every civilization serves the interests of all other countries. Prior to India's independence in 1947, residents were already eligible for a variety of benefits. Social Security is based on the principles of modesty and fairness. Said another way, the idea behind social security is that a person who has benefited from or is expected to contribute to his country's prosperity should be safeguarded against certain perils. Investigating how the idea of social security has developed through time is the focus of this study. This article looks at the incorporation of social security provisions into legislation, notably labor law, by analysing judicial declarations made by different Indian courts and the changes that have followed from them.
#Social Security#Labour Law#Fundamental Rights
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In today’s globalized economy, Intellectual Property Rights (IPR) have become a central pillar of corporate strategy, innovation, and competitiveness. This paper examines the evolution, purpose, and significance of IPR, focusing primarily on patents and their influence within the corporate sector. It explores the historical progression of patent law, tracing its development from the early legal frameworks to the establishment of India’s Patent Act, 1970, and subsequent amendments aligning with international obligations under the TRIPS Agreement. The paper further elaborates on the procedural steps involved in obtaining a patent, emphasizing its role in safeguarding innovation, stimulating research, and supporting industrial development. Through detailed analysis, it highlights how patents have transitioned from mere legal protections to strategic business assets that drive revenue generation, strengthen corporate valuation, and foster collaboration and technological advancement. Moreover, the discussion underscores the impact of patents on economic growth, particularly in developing nations like India, where the balance between innovation and public interest remains crucial. Case studies such as Apple Inc. v. Samsung Electronics Co. demonstrate how patents function as both defensive and competitive tools in global markets. Overall, this study concludes that the effective management of patents not only secures intellectual assets but also enhances the economic and technological landscape, making them indispensable for modern corporate sustainability and progress. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
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The growing complexity of commercial disputes in India has led to a significant shift from traditional litigation in courts to Alternative Dispute Resolution (ADR) methods, with mediation emerging as a favoured option. Mediation is particularly effective for addressing business-related disputes because of its flexible, confidential, and time-saving characteristics. Specifically, international commercial mediation offers a valuable alternative to traditional arbitration, presenting distinct advantages. This paper seeks to analyse the key features of international mediation in commercial contexts and its practical significance across various scenarios, emphasising its contribution to supporting judicial systems. As the global economy becomes increasingly interconnected, cross-border arbitration and mediation have become essential for resolving international business disputes. These approaches provide a more efficient and less rigid substitute for court processes, which often encounter jurisdictional and procedural hurdles. In contrast to arbitration, which leads to binding resolutions via arbitral awards, mediation focuses on reaching a consensus facilitated by a neutral mediator, enabling the parties to preserve their professional relationships. These procedures are overseen by respected international organisations, ensuring their legitimacy and acceptance across diverse legal frameworks. Consequently, mediation has become vital for resolving global commercial disputes, offering a cooperative and cost-effective alternative to litigation. This paper investigates mediation practice in India and internationally, providing comparative insights. In India, the legal basis for mediation is outlined in the Arbitration and Conciliation Act, 1996, and further strengthened by the Commercial Courts Act, 2015, which requires pre-litigation mediation in commercial cases. These legislative measures reflect India’s commitment to institutionalising mediation by global standards like the UNCITRAL Model Law and the Singapore Convention on Mediation. Globally, entities such as the International Chamber of Commerce (ICC) and the World Intellectual Property Organisation (WIPO) are instrumental in 1 Department of Law, Calcutta University, India 2 Symbiosis Law School, Nagpur Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 standardising mediation procedures, improving access through physical infrastructure and digital resources. Notable cases further illustrate the success of mediation in resolving intricate disputes. Moreover, cultural and societal factors influence mediation results nationally and internationally. Through this analysis, the paper underscores the increasing importance of mediation in effectively resolving commercial disputes and fostering a more integrated global business environment. Also, the paper investigates the transforming function of mediation and Online Dispute Resolution (ODR) as credible substitutes for convent
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Specially-abled persons are a disadvantaged group in society with their disabilities, and they face discrimination even in access to justice. Article 14 of the Constitution of India and Section 3 of the Rights of Persons with Disabilities Act, 2016, provide that specially-abled persons have the right to equality with others in society. But they face challenges in access to justice through the traditional or formal court system. This study delves into the role of the Alternative Dispute Resolution in access to justice, especially to specially-abled persons. This study aims to explore the challenges faced by specially-abled persons in accessing justice through the doctrinal approach. It aims to reveal the challenges faced by specially- abled persons in accessing the traditional courts and the inefficiency of the traditional courts in providing access to justice to the specially-abled community, who are a disadvantaged group of society due to their disabilities. It aims to investigate existing articles of scholars, reports and policies of the government, statutory instruments, and judicial precedents of the Supreme Court and High Courts, which give an understanding of what challenges prevail in accessing formal courts for specially-abled * Sneha Kumari is an LL.M. student at the School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences, Mumbai. The author may be reached at advsnehakri@gmail.com. ** Pawan Kumar is an LL.M. student at the School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences, Mumbai. The co-author may be reached at advpk.0009@gmail.com. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 persons and how the ADR mechanisms can help the specially-abled community in achieving access to justice. This study relies on secondary data that exist, and these can help to explore gaps in the policy implementation and challenges for specially-abled communities in accessing justice. This study can help the legislature and policymakers in making decisions to bring new policies and laws for specially-abled persons so that they can access justice outside the formal court, i.e., through the Alternative Dispute Resolution (ADR).
#Specially-abled Persons#Access To Justice#Traditional Or Formal Courts
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Election & Political Law·Volume 3·Issue 1·Pages 426–443
Indian Judicial System is the Paramount institution of the world’s largest democracy. Its purpose is to give justice to innocent and punish the wrongdoer. As an institution, the Indian judiciary has always commanded considerable respect from the people of the country. The roots of this high regard lies in the independence, impartiality and integrity of the members of the judiciary. Yet pendency of Lakhs of cases is the matter of serious concern. Shortage of judges, infrastructure and Lack of Transparency has been highlighted as one of the major reasons for the same. Undeniably corruption and counsel-side delays are other well-Known reasons for prolonged delay. To mitigate such delays, there is a need for more transparent and accountable judicial system. This paper aims to overcome the current Challenges in Indian Judicial System and Reformation. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
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Human Rights & International Law·Volume 3·Issue 1·Pages 418–425
Based on this expanded idea offered by Raphael Lemkin 1 this paper will critically discuss the failure of the international law in the prevention of the modern genocide. This discussion shows how applying a limited legal understanding of the definition of genocidal intent legitimizes state accountability across three case studies of U.S. racial policies, Indigenous erasure in Brazil, and existing persistence of violence in Gaza. This paper holds the view that genocide is systematically camouflaged in the terms of development, civilization, and security. Applying critical legal and postcolonial theoretical approaches, this paper suggests an enlargement of the legal meaning of genocide identifiers to those of predictable destruction, structural oppression, and colonial continuities. The study finds that unless there is a reform of such definitions, the international law is going to remain on impunity-making mandate other than justice delivery.
#Genocide#International Law#Raphael Lemkin
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It Issue., Aditi Sharma, Rajini Kushalappa, 1. Introduction·Jun 24, 2025·10.5281/zenodo.15732791
Juvenile delinquency is a global issue that extends far beyond the borders of India, reaching a widespread concern across nations. In response to this challenge, various countries have enacted legislation to address and reduce juvenile delinquency. With the advent of
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The rise of biotechnology has redefined the scope of patent law by enabling the manipulation and creation of biological materials. This paper investigates how legal systems worldwide have accommodated biological inventions within existing intellectual property frameworks. It assesses key international instruments and judicial decisions and explores the ethical concerns raised by the commodification of life forms, particularly those involving genetic material and indigenous knowledge. While patents incentivize innovation, they may also hinder access to essential medicines and promote biopiracy. This article proposes a more ethical, globally consistent patent regime by reinterpreting existing standards for inventiveness, applying morality clauses more rigorously, and encouraging alternative models of innovation. The legal recognition of biotechnological advancements must proceed without compromising fundamental rights and social equity. A calibrated and ethically anchored patent regime is essential for ensuring that life sciences serve the broader goals of justice, dignity, and sustainable development. The fusion of biotechnology and intellectual property has ignited a complex legal and ethical dialogue on the scope of patentable subject matter. Innovations such as genetically modified organisms, synthetic DNA, and engineered stem cells challenge conventional boundaries between discovery and invention. This manuscript explores how the patent regime has evolved to address biological inventions and how it must respond to emerging ethical concerns. Through an analysis of legal frameworks like the TRIPS Agreement, the European Patent Convention, and national laws, this paper interrogates how morality clauses, inventive thresholds, and access considerations can shape equitable and sustainable innovation. The study argues for reforming the patent system to better accommodate ethical diversity, encourage socially beneficial inventions, and prevent the monopolisation of life itself. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
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Waqf is a longstanding institution in Islamic tradition that reflects the deep-rooted culture of generosity within Muslim societies. For generations, it has been a way to allocate wealth for the greater social good. Through Waqf, individuals permanently dedicate property or assets to support religious, educational, social, or charitable causes. However, overseeing these endowed properties involves navigating various challenges—maintaining the original charitable intent while complying with legal frameworks and addressing the expectations of beneficiaries. Managing Waqf properties becomes increasingly complex when viewed in light of the Transfer of Property Act, 1882. 1As a foundational statute in Indian property law, the Act plays a crucial role in shaping how Waqf assets are administered and transferred. It presents both potential benefits and legal hurdles, demanding a careful and informed approach to ensure compliance while preserving the charitable intent of the Waqf. 2As we delve into the realm of Waqf property management, it becomes clear that the philosophical foundations of Waqf resonate with the broader goals of benevolence and community welfare. The concept of Waqf, stemming from the Arabic root ‘waqafa’ meaning to immobilize or make a perpetual dedication, has been a fundamental pillar of Islamic philanthropy since its inception. The primary objective of a Waqf is to benefit the public by providing essential services to the community, spanning 1 Isha Bharti , Waqf Property Management: Balancing objective,constraints and Beneficiary concerns, JclJ (2023) 262 2 Eman Assi, ‘Islamic waqf and management of cultural heritage in Palestine, International Journal of heritage studies,14(4), 2008 Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 domains such as education, healthcare, and social welfare. The waqf amendment act 2025 or UMEED ACT 2025 which is being passed is suffering from certain legal lacunae where the clause of introducing a non muslim member in the waqf board is creating a turbulence with respect to Article 26 where religious denominations having the fundamental right to manage their own affairs and removing clause 40 where Waqf board was having autonomy to declare any property as waqf have been reduced as power has been shifted to the Government officials. Concept of waqf by user is also being eliminated and here the provision is being made that any person who is practicing Islam for 5 years can make waqf and that too be deed which raises an important question that the waqf that is being declared orally have no legal sanctity at all or waqf which is being declared before partition can now be declared by government as the government property. Moreover it is also contentious that to survey waqf property District Magistrate is invoilved and also to adjudicate whether any property is waqf property or not is also to be adjudicate by District Magistrate which is the sheer violation of natural justice an
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Health & Medical Law·Volume 3·Issue 1·Pages 355–369
The unpredictability and uncertainty of the COVID-19 pandemic; the associated lockdowns, physical isolation, and other containment techniques; and the resulting economic meltdown may raise the incidence of mental health disorders and worsen health inequality. Preliminary results indicate that previously healthy persons, particularly those with pre-existing mental health concerns, experience unfavourable mental health outcomes. Despite the diversity of global health systems, efforts have been made to adapt mental health care delivery to the COVID-19 standards. Concerns about mental health have been addressed through the public mental health response and through the adaptation of mental health services, with a focus on infection control, changing access to diagnosis and treatment, ensuring continuity of care for mental health service users, and paying attention to new cases of mental illness and populations at high risk of mental health problems. Experts, clinicians, and service users should work together to develop long-term mental health care delivery system adjustments that are specifically designed to close gaps in health-care delivery. Thorough and ongoing evaluation of health and service-use outcomes in mental health clinical practise will be crucial in identifying which practises should be expanded and which should be phased out. The interconnection of the world made society vulnerable to this condition, but it also provides the infrastructure to correct previous system failures by disseminating outstanding practises that can result in long-term, efficient, and equitable mental health treatment delivery. As a result, the COVID-19 pandemic may present an opportunity to improve mental health care. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
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Corporate & Company Law·Volume 3·Issue 1·Pages 340–354
Violence against women is seen as one of the most widespread human rights violations and a major barrier to women's personal growth. In the late 1960s and early 1970s, the Second Wave feminist movement introduced the issue to the public, offered a theoretical framework for analyzing it, and launched a full-scale campaign to address it. One of the most common violations of human rights worldwide is violence against women; never sand the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) makes no explicit reference to this issue. This paper starts by further analyzing the CEDAW's evolution. analyzes CEDAW's Article 2 against violence against women critically, looking at its implementation procedures and alternatives Optional protocols, the State parties' Concept of Reservation, the 1993 Declaration on the Elimination of Violence Against Women, and the hesitant actions of state parties to the general proposals are also covered. The fact that, despite CEDAW's existence since 1979, the word "violence" is never specifically mentioned, makes this fact all the more startling. It has, however, construed in its rules in a way that implicitly incorporates them, although this hasn't been very helpful. It also sheds some light on India's position with CEDAW.
#-violence Against Women#Treaty#Discrimination
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