Research Papers

Social JusticeVolume 3Issue 2Pages 1672–1698

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Child Labour In India : Law And Reality

K.Rajesh Kumar, A. DineshkumarAug 26, 202610.5281/zenodo.22110431

Child labour remains one of the significant social and legal challenges in India, despite the existence of constitutional safeguards, statutory provisions, judicial interventions, and various governmental measures aimed at its elimination. The employment of children not only affects their physical and mental development but also deprives them of education, dignity, childhood, and opportunities for a better future. The continued existence of child labour raises important questions regarding the effectiveness of the legal framework and its implementation in practice. This study critically examines child labour in India by analysing the constitutional framework, relevant statutory provisions, judicial interpretations, governmental measures, and the practical realities associated with the persistence of child labour. Particular emphasis is placed on the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, constitutional provisions relating to the protection and development of children, and the role of the judiciary in safeguarding children from exploitation. The study further examines the major socio-economic factors contributing to child labour, including poverty, lack of education, unemployment, and social inequality. Adopting a doctrinal research methodology, the study relies upon constitutional provisions, statutory enactments, judicial precedents, government reports, recognised legal commentaries, research articles, and other relevant secondary sources. The research seeks to identify the gap between the legal prohibition of child labour and its continuing existence in Indian society. It critically evaluates whether the existing legal and institutional mechanisms are adequate to prevent child labour and ensure the effective rehabilitation and protection of affected children. The study ultimately seeks to highlight the need for effective implementation of child labour laws, stronger enforcement mechanisms, accessible education, rehabilitation measures, and coordinated governmental and institutional efforts to achieve the constitutional objective of protecting children from exploitation and ensuring their right to a dignified childhood.

#Child Labour#Child Rights#Child And Adolescent Labour

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Constitutional LawVolume 3Issue 2Pages 1655–1671

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From Ombudsman To Watchdog: Reassessing The Lokayukta's Role In Combating Corruption Within The Constitutional Framework

Debasree GhoshAug 26, 202610.5281/zenodo.22109963

Corruption remains one of the most persistent impediments to good governance, eroding public trust, weakening democratic institutions, and undermining socio-economic development. In the Indian context, the establishment of the Lokayukta was conceived of as a major institutional innovation in ensuring transparency and accountability within the administrative machinery. Conceived as its state-level counterpart at the central level, the Lokayukta is India's version of the ombudsman, meant to investigate graft, maladministration, and abuse of power among public functionaries. The Lokayukta, despite being created with such constitutional and legislative backing, has had variable efficacy across states. This raises some very critical questions with respect to how well the Lokayukta ensures functional autonomy, clarity in jurisdiction, and strong institutionality. This research article critically evaluates the emergence, relevance, and challenges of the Lokayukta as a watchdog against corruption within the Indian constitutional framework. It explores the trajectory from the Scandinavian concept of the ombudsman to India’s unique model of a quasi-judicial anti-corruption authority. The paper examines the constitutional philosophy underpinning the establishment of such institutions, focusing on the Directive Principles of State Policy, the rule of law, and the principles of accountability entrenched in the Indian Constitution. Through doctrinal and comparative analysis, the paper considers how different state legislations-including Karnataka, Maharashtra, and Kerala-have given operational meaning to the Lokayukta, with variations in powers, procedures, and effectiveness. The study identifies certain critical institutional and political impediments that have hampered the effectiveness of the Lokayukta, including lack of enforcement powers, dependence on the executive for appointments and resources, and political interference in investigations. Case studies of high-profile interventions by different Lokayuktas have underlined the enormous potential that this institution holds for bringing about a reduction in corruption at the state level. The research also looks at the interaction between the Lokpal and Lokayukta Act, 2013, with the pre-existing mechanisms at the state level, and how far the Act strengthens or dilutes the constitutional intent of decentralizing anti-corruption oversight. While reassessing the role of Lokayukta, this paper presents a reform-oriented approach with the integration of legal, institutional, and procedural safeguards, ensuring the independence and efficacy of the Lokayukta. It advocates uniform legislation across states, constitutional recognition to enhance its authority, and mechanisms for greater citizen participation in the complaint and oversight process. The study concludes that transforming the Lokayukta from a symbolic ombudsman into an empowered constitutional watchdog requires not only robust legal reform but a political and bureaucratic commitment to integrity and accountability as well. Ultimately, the paper emphasizes that a strong Lokayukta, in step with the constitutional ethos of India, can become an important pillar for realizing the vision of transparent, responsible, corruption-free governance-a necessary condition for deepening democracy and rule of law.

#Lokayukta#Corruption#Constitutional Framework

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Technology & LawVolume 3Issue 2Pages 1720–1730

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Privacy On Instagram Vs State Surveillance: A Critical Analysis Of Government Access To Social Media Data In India

Tamina AkterAug 26, 202610.5281/zenodo.22113799

This paper examines the conflict between individual privacy on social media platforms, particularly Instagram, and the expanding scope of government surveillance in India. The study analyses the statutory framework comprising the Information Technology Act 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the Digital Personal Data Protection Act 2023, and the recent 2026 amendments to the IT Rules. Through a doctrinal methodology, it evaluates how these laws enable state access to user data while simultaneously claiming to protect privacy. Judicial developments, particularly Justice KS Puttaswamy v Union of India and Shreya Singhal v Union of India, are critically analysed to assess constitutional safeguards. The paper argues that despite recognising privacy as a fundamental right, the current legal regime creates a structural imbalance favouring state control. It concludes that stronger safeguards and clearer limitations on surveillance powers are necessary to protect digital privacy in India, and that independent oversight is central to reconciling security imperatives with constitutional guarantees.

#Privacy#Instagram#State Surveillance

0 citations3 downloads14 min readPDF Available (11 pages)

Social JusticeVolume 3Issue 2Pages 1699–1705

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Victim Right In Cases Of Online Harassment And Digital Abuse

Sakshi, Ananya ChaudharyAug 26, 202610.5281/zenodo.22110967

The growth of the internet and digital technology has changed the way people communicate, learn, work, and share information. Social media platforms, messaging applications, and online communities have become an important part of daily life. However, along with these benefits, the digital world has also created new forms of harm, such as online harassment, cyberbullying, cyberstalking, online threats, identity theft, and the unauthorized sharing of personal information or images. Online harassment and digital abuse can have serious effects on victims, including emotional distress, mental health problems, damage to reputation, financial loss, and a loss of privacy. Many victims face difficulties in reporting these crimes, collecting evidence, and obtaining legal protection. Therefore, protecting the rights of victims has become an important issue in the digital age. Victims’ rights refer to the rights and protection provided to individuals who suffer from online abuse. These rights include the right to privacy, right to safety, right to report offences, right to legal remedies, right to compensation, and right to support and assistance. Governments, law enforcement agencies, and technology companies play a significant role in ensuring that these rights are protected This research paper examines the concept of victims’ rights in cases of online harassment and digital abuse, discusses the challenges faced by victims, and explores the legal and practical measures needed to ensure justice, protection, and accountability in the digital environment.

#Online Harassment#Digital Abuse#Cyberbullying

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Human RightsVolume 3Issue 2Pages 1632–1654

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Dharma Reinterpreted: A Study On The Mahabharata's Role In Shaping Modern Hindu Jurisprudence

Prof. Adithi.N.VAug 25, 202610.5281/zenodo.22100898

The Mahabharata is more than just one of India’s greatest epics; it is a cornerstone of Indian civilization that has profoundly shaped modern Hindu law through its exploration of dharma —the complex concept of duty, righteousness, and justice. This paper investigates how the ethical and legal principles woven into the Mahabharata have influenced contemporary Indian jurisprudence, specifically regarding property rights, succession, and marriage regulations. The study traces the journey of these ideas from ancient dharmashastra traditions, through the era of colonial Anglo-Hindu law, to the modern statutory frameworks we see today, such as the Hindu Marriage Act (1955) and the Hindu Succession Act (1956). While modern judges rarely cite the Mahabharata directly in courtrooms, the epic’s principles continue to underpin the moral logic of Hindu personal law. This research demonstrates that the epic’s influence operates not through direct citation, but through the transmission of ethical concepts that have been codified and reformed to meet today’s demands for gender justice and social equality.

#Hindu Law#Mahabharata#Dharma

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PolicyVolume 3Issue 2Pages 1620–1631

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Case Comment On Afcons Infrastructure Ltd. & Anr. V. Cherian Varkey Construction Co. (P) Ltd. & Ors.

Aditya Bhujade, Tanishka GhuguskarAug 25, 202610.5281/zenodo.22100790

This landmark verdict by the Supreme Court of India is significant as it clarifies the scope and purpose of Section 89 of the Code of Civil Procedure, 1908 [1] , in order to facilitate the amicable settlement of disputes outside the traditional court process. It establishes a procedural, legal framework for parties and courts to designate appropriate dispute resolution forums. The backdrop against which Afcons was decided is essential to understanding the judgment's significance. By the turn of the millennium, Indian courts were contending with a mounting backlog of civil litigation, rendering the institutional promotion of alternative dispute resolution a legislative necessity rather than a mere policy preference. In 1988, the Law Commission of India in its 129th Report recommended the introduction of a conciliation court mechanism to address the growing pendency of cases, and the Malimath Committee similarly urged Parliament to make court referral to ADR forums a statutory obligation; these twin recommendations formed the direct legislative basis for the Code of Civil Procedure (Amendment) Act, 1999, which inserted Section 89 into the CPC, coming into force on 1 July 2002. [2] [1] § 89, Code Civ. Proc. (1908) (India). [2] Law Commission of India, One Hundred and Twenty-Ninth Report on Urban Litigation: Mediation as Alternative to Adjudication (1988); Shreya Prakash, 'The Evolution of Section 89 of the Code of Civil Procedure: From Case Law to Reform' (SCC Times, 26 February 2025) <https://www.scconline.com/blog/post/2025/02/26/the-evolution-of-section-89-of-the-code-of-civil-procedure-from-case-law-to-reform/> accessed 23 August 2026.

#Alternative Dispute Resolution#Section 89#Code Of Civil Procedure

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Human RightsVolume 3Issue 2Pages 1601–1609

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Case Comment on Nipun Saxena & Ors. V. Union Of India & Ors

Sahil Khan, Ridhima JoonAug 24, 202610.5281/zenodo.22080086

The judgment in Nipun Saxena & Ors. v. Union of India & Ors. 1 delivered on 11 December 2018 by a Bench of Hon’ble Mr. Justice Madan B. Lokur and Hon’ble Mr. Justice Deepak Gupta, is, perhaps, one of the most important rulings of the Supreme Court on the Identity and privacy of sex abuse victims. The case arose from a group of writ petitions under Article 32 of the Constitution filed by public spirited individuals and organizations including Nipun Saxena. These petitions highlighted the recurring practice of disclosing, directly or indirectly, the names and personal details of rape victims and children subjected to sexual abuse, despite statutory prohibitions. The petitions thus invoked the Court’s writ jurisdiction not only to protect individual victims but to evolve a uniform national policy safeguarding the dignity and privacy of all victims of sexual crimes. The Bench itself noted at the outset that the core issue in these cases was: “How and in what manner the identity of adult victims of rape and children who are victims of sexual abuse should be protected so that they are not subjected to unnecessary ridicule, social ostracisation and harassment…”2. This question was of particular urgency because the Court observed, based on numerous cases and media reports, that even when a victim’s name was withheld, her identity was being revealed through other details such as her school, neighbourhood, family members’ names, or photographs with blurred faces but unblurred backgrounds. In small communities this “jigsaw” of information was enough to identify the victim. The Court therefore structured its judgment in two distinct parts: • Part I deals with adult victims of rape and allied offences under IPC. • Part II deals with victims of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO). This reflects the Court’s acknowledgment that, though the harm social stigma at the root level and secondary victimization is similar, the legal framework differs, Section 228A IPC and Section 327 CrPC apply to adults, while POCSO provisions and Section 74 of the JJ Act, 2015 govern child victims. The judgment is not merely a reiteration of existing provisions but an attempt to harmonize different statutes, fill administrative gaps, and give constitutional content to victims’ rights to privacy and dignity under Article 21. By taking Suo motu notice of the absence of any recognized welfare institutions under Section 228A(2)(c) IPC and by issuing binding directions under Article 142 until the government frames appropriate rules, the Court signaled its willingness to use its constitutional powers to create a coherent and enforceable victim protection regime. In short, Nipun Saxena begins as a question about anonymity of victims in media reports, but evolves into a blueprint for a victim-centric criminal process in India.

#Privacy#Dignity#Sexual Offences

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Human RightsVolume 3Issue 2Pages 1610–1619

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The Ownership–Consent Divide: Copyright And Sexually Explicit Deepfakes

Abhipriyo Dasgupta, Kastoorika Basu, Pritisha RoyAug 24, 202610.5281/zenodo.22080175

Treating non-consensual sexual AI deepfakes and synthetically generated child sexual abuse material (CSAM) as abuses of intellectual property laws correspond to a category error. Doctrinally, the Indian law on digital offences against women and children is tested both on the supply side (protection of the author’s economic rights overshadows the rights of the person represented) and the demand side (personality rights are an aspiring tool, mostly accessible to celebrities). At the procedural level, notice and takedown procedures mandated by section 79 IT Act do not respond to the harm caused by rapid circulation of deepfakes. Cross-border circulation, voracious consent frameworks, and data silos within Indian law enforcement create further response challenges. This paper argue that the Indian governmental framework does not suffer from a law contiguity deficit but an actionability deficit. To restore individual agency and autonomy in the face of deepfake-enabled harassment and molestation, the Indian law needs to identify the consent to sexual representation as an autonomous governing right under Article 21. The Indian law needs to build a new class of offenses against sexual autonomy and recommend targeted design obligation for tech firms which enable such harms.

#Ai Deepfakes#Category Error#Section 79 It Act

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PolicyVolume 3Issue 2Pages 1596–1600

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Vishaka Guidelines: - Analyzing It's Need And Effectiveness In The Society

Bhaswati DharAug 22, 202610.5281/zenodo.22050587

In a Democratic Country like India, every women is entitled to have a basic safety , sound environment and equality right at their workplace. As previously, their was no such Legislative measures for preventing or to deal with such offences, but after the case of Vishaka v. State of Rajasthan decision in 1997[1], it lays down a number of significant guidelines which seeks to contribute towards the protection of women at their workplace. Even after nearly three decades since the pronouncement of these guidelines, the underlying problem persists on a considerable scale. A 2024 review of the law found that thirty seven percent of professionals surveyed, most of them women, reported having experienced harassment at their workplace, while a large share remained unaware of the protections available to them under the law.[2] This continuing prevalence underlines why judicial intervention in 1997, though limited to interim guidelines pending legislation, was regarded as urgently necessary. Being a social worker, Bhanwari Devi who gave efforts to stop marriage of an infant daughter of Gujjar’s family, faced an ire from the opposition, which turns into a brutal revenge from her. Due to the failure of the criminal justice system, it led to the urgent need for proper safety measures for women at work. The case turned into a constitutional moment when the Supreme Court upheld women’s right to work with dignity and laid down guidelines for employers which need to be followed at workplace.

#Vishaka Guidelines#Workplace Sexual Harassment#Fundamental Rights

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PolicyVolume 3Issue 2Pages 1564–1595

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SIGNING THE HIGH SEAS: India and the BBNJ Agreement's Marine Genetic Resources and Area-Based Management Regimes, and the Domestic Legislation Ratification Will Require

Adv. Heena KhatunAug 22, 202610.5281/zenodo.22050047

The BBNJ Agreement entered into force on 17 January 2026, and India, a signatory since 25 September 2024, remains outside it. This article argues that India should ratify early and legislate concurrently rather than sequentially, because the Agreement’s obligations attach to activities Indian public institutions are already conducting, because the parameters India most needs to shape are being fixed in the run-up to the first Conference of the Parties, and because the distance between the Agreement and current Indian law, though real, is narrow enough to be closed by a single focused implementing statute. Working doctrinally across the Agreement’s marine genetic resources, area-based management and environmental impact assessment chapters, the article maps each obligation against the Biological Diversity Act 2002 as amended in 2023, the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976, and the environmental clearance regime built under the Environment (Protection) Act 1986, and finds each instrument territorially confined in ways that cannot be cured by interpretation. Its contribution is architectural: it specifies the outbound notification duty, national focal point, benefit-sharing routing mechanism, flag-state enforcement power and assessment procedure that an Indian BBNJ implementation statute must contain, and shows why the familiar objection that a state should ratify only once it is ready inverts the actual sequencing risk.

#Bbnj Agreement#Marine Genetic Resources#Area-based Management

0 citations7 downloads14 min readPDF Available (32 pages)

Technology & LawVolume 3Issue 2Pages 1549–1563

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Mitigating Cross-Border Data Transfer Risks For US Tech MNES Under India's DPDP Framework: A Legal And Compliance Analysis Of Section 16 Of The Digital Personal Data Protection Act, 2023 And Rule 15 Of The Digital Personal Data Protection Rules, 2025

Sakshi DwivediAug 21, 202610.5281/zenodo.22048084

India's Digital Personal Data Protection Act, 2023 (“DPDP Act”), operationalised through the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”), replaces two decades of piecemeal Indian data governance with a single cross-sectoral regime. Section 16 of the Act and Rule 15 of the Rules adopt a permissive “negative list” model for cross-border data transfer: Personal data may leave India freely unless the Central Government specifically restricts the destination. For US technology multinational enterprises (MNEs) which operate India's largest consumer platforms, cloud infrastructure, and payment rails this model trades the rigidity of data localisation for a different risk: Open-ended regulatory discretion, an unpublished and still-evolving list of restricted jurisdictions, and an unresolved conflict with the US CLOUD (Clarifying Lawful Overseas Use of Data) Act's power to compel disclosure of data regardless of where it is stored. This paper examines the legal architecture of DPDP cross-border transfer rules, benchmarks it against the EU's adequacy- based model, maps the specific risk exposures facing US tech MNEs, and proposes a structured mitigation framework spanning data governance, contractual design, technical architecture, and regulatory engagement. The analysis is intended to support corporate legal, compliance, and public-policy roles that require a working command of India's evolving data protection landscape.

#Digital Personal Data Protection Act 2023#Dpdp Rules 2025#Section 16

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PolicyVolume 3Issue 2Pages 1539–1548

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Analog Roots, Digital Syndicates: Rethinking Section 111 Of The Bharatiya Nyaya Sanhita, 2023

Ishikaa Pareek, Aditya TiwariAug 21, 202610.5281/zenodo.22048765

The Bharatiya Nyaya Sanhita (BNS), 2023 introduced, for the first time, a nationwide legal framework to deal with organised crime through Section 111. Unlike the earlier position, where only a few States had special laws on organised crime, Section 111 applies across India. It also broadens the concept of organised crime by including financial fraud, economic offences, and cybercrimes along with traditional offences committed by organised criminal syndicates. While this reflects the changing nature of organised crime, it also raises an important legal question. Does treating economic and cyber offences in the same way as violent organised crime strengthen the law, or does it blur the distinction between two different kinds of criminal activity? This paper examines how organised crime has changed from traditional violent syndicates to modern networks involved in financial and cyber offences. It analyses the scope of Section 111, the meaning of continuing unlawful activity, and the concerns raised about its wide wording, overlapping laws, and possible misuse. The paper also discusses recent decisions of various High Courts to examine how the provision is being interpreted in practice. It argues that while Section 111 has the potential to strengthen the fight against organised crime, looking at every organised crime through the same lens is not commendable, it may weaken the distinction between violent organised crime and organised economic offences, leading to concerns about proportionality and the appropriate scope of criminal liability.

#Section 111 Bns#Organised Crime#Cybercrime

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PolicyVolume 3Issue 2Pages 1522–1528

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Status Of Women Lawyers In India

Ms. Tanishka BhattAug 18, 202610.5281/zenodo.22009365

India has seen a tremendous evolution in the involvement of females in the profession of law. From the time when women were restricted to work in the legal profession to the time when they are working as lawyers, judicial officers, scholars, In- house counsel and regulators. The first Indian women lawyer Cornelia Sorabji, who busted well established gender bias and placed the substructure for the descendants of women in the field of law. Regardless of these procurements, female lawyers still deal with remarkable systematic, economic and organisational objections that hamper their skilled upliftment and supremacy prospects. However, the latest legal steps, wellbeing initiatives, and scheme amendments depict the rise in devotion to gender parity, which is pending and is yet to be executed to assure balanced delegation and encouraging proficient workspace. The blog analyses the former progression, current condition, significant constraints, wellbeing measures, and delegation of females in the judicial system. Emphasising on the developments and the modifications required to attain true gender parity in the juridical occupation.

#Women Lawyers#Gender Discrimination#Legal Profession

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Technology & LawVolume 3Issue 2Pages 1508–1521

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Artificial Intelligence And Copyright Law: Rethinking Authorship, Ownership And Originality In The Digital Era

Dr. Sagar, Jaya SomvanshiAug 18, 202610.5281/zenodo.21993626

The rapid advancement of Artificial Intelligence (AI), particularly generative AI, has transformed the manner in which creative works are conceived, produced, and disseminated. Contemporary AI systems are increasingly capable of generating literary works, visual art, music, photographs, software code, and audiovisual content with limited or, in some cases, minimal human intervention. This technological development has created significant challenges for conventional copyright law, which has historically been premised upon human creativity, authorship, and intellectual contribution. The emergence of AI-generated works therefore raises fundamental questions concerning who should be recognised as the author, who should own copyright, and whether works produced substantially through autonomous computational processes can satisfy the legal requirement of originality. In India, the Copyright Act, 1957 provides a comprehensive framework for protecting original literary, dramatic, musical, and artistic works; however, it does not expressly address the legal status of works generated independently by Artificial Intelligence. The statutory concepts of “author” and “first owner” under Sections 2(d) and 17 respectively are substantially structured around human or legally recognised entities, creating uncertainty in cases involving AI-generated outputs. Further, the originality standard developed through judicial decisions, particularly the requirement of sufficient intellectual effort and creativity, becomes difficult to apply where the creative process involves autonomous machine generation. Questions also arise concerning the use of copyrighted works for training generative AI models and the potential infringement of existing copyright.

#Artificial Intelligence#Copyright#Authorship

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Social JusticeVolume 3Issue 2Pages 1529–1538

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Reassessing Intellectual Property Protection For Climate-Adapted Agricultural Technologies: Reconciling Innovation, Access And Farmers' Rights

Gregory Koshy ThomasAug 18, 202610.5281/zenodo.21994296

Climate change poses unprecedented threats to global food security, particularly in developing nations where agricultural productivity is already constrained. Climate-adapted agricultural technologies—including drought-resistant crop varieties, soil conservation techniques, and precision farming tools—represent critical adaptation mechanisms. However, intellectual property (IP) regimes designed to incentivize innovation increasingly conflict with equitable access and farmers' traditional rights to save, exchange, and improve seeds. This paper reassesses the balance between IP protection and agricultural justice, examining how existing frameworks under the TRIPS Agreement, the Union for the Protection of New Varieties of Plants (UPOV), and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) shape the development and dissemination of climate-resilient technologies. Through synthesis of recent evidence on technology transfer, patent barriers, and farmers' rights enforcement, this analysis identifies critical gaps between stated commitments to farmers' autonomy and the lived reality of seed control concentrated in a small number of multinational corporations. The paper concludes with policy recommendations for calibrating IP protections to serve both innovation incentives and food security, including differentiated approaches by technology type, flexible licensing models, and strengthened implementation of farmers' rights provisions in national legislation.

#Climate-adapted Agricultural Technologies#Intellectual Property#Farmers' Rights

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PolicyVolume 3Issue 2Pages 1493–1507

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THE SEZ–GST CONUNDRUM: IMPACT OF STATUTORY CONFLICTS ON SUPPLY CHAIN PRICING - A Doctrinal and Empirical Assessment of Tax Neutrality, Refund Frictions and Supplier Pricing Behaviour

Harshitha SAug 18, 202610.5281/zenodo.21993929

The Special Economic Zone (SEZ) regime was designed to promote exports, investment and internationally competitive production through a relatively insulated fiscal and regulatory environment. The introduction of the Goods and Services Tax (GST) in 2017 altered this architecture by moving SEZ-linked supplies into a zero-rated, refund-dependent framework. Although zero-rating is intended to preserve tax neutrality, the coexistence of the Special Economic Zones Act, 2005 and the GST statutes has generated legal and administrative frictions concerning the status of SEZ transactions, authorised operations, place-of-supply rules, input tax credit and refund procedures. These frictions can convert a formally tax-neutral transaction into one carrying financing, compliance and risk costs. This paper examines whether those costs affect pricing behaviour in SEZ-linked supply chains. The study adopts a mixed doctrinal and empirical approach. The doctrinal component analyses the SEZ Act, 2005, the Central GST Act, 2017, the Integrated GST Act, 2017, the relevant rules, administrative mechanisms and selected judicial decisions. The empirical component draws on a structured questionnaire administered to 120 respondents involved in SEZ transactions in the Coimbatore Industrial Cluster and the Sriperumbudur–Chennai SEZ Corridor. Percentage analysis and chi-square testing were used to examine regulatory understanding, compliance burden, refund experience, working-capital impact and pricing behaviour. The analysis indicates that the formal zero-rating objective is weakened by refund delays, documentation requirements, uncertainty surrounding authorised operations, digital and institutional coordination problems and the resulting blockage of working capital. Across the sample, 84 of 120 respondents reported GST refund delays, 82 reported higher compliance burden, 80 reported high working-capital impact, and 72 reported a pricing impact. The paper argues that the principal policy problem is not simply the existence of two statutes, but the absence of effective harmonisation between their underlying fiscal philosophies and administrative institutions. It recommends legislative clarification, standardised authorised-operation treatment, faster and more transparent refund processing, stronger GSTN–ICEGATE integration, targeted support for small suppliers and coordinated SEZ–GST governance.

#Special Economic Zones#Gst#Zero-rating

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Technology & LawVolume 3Issue 2Pages 1471–1492

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Can Algorithms Improve Judicial Infrastructure Allocation? A Justice-Based Framework for India

Naahar SoodAug 18, 202610.5281/zenodo.21991488

Currently, India has more than 56 million pending cases and despite the constitutional guarantees under Articles 14 and 21, systemic judicial deficiencies, such as lack of courtrooms, judges, staff and limited digital capacity, continue to be a major cause of case pendency and unequal access to justice.1 In India, the number of judges per million population is now about 20, which is below the 50 per million suggested by the Law Commission.2 This is because the current allocation practice in the country is based on demographic projections, budgetary ceilings, and administrative discretion, thus a reactive rather than predictive planning model. A lot of research is dedicated to artificial intelligence for decision making and unlike predictive policing, there has been little research on algorithmic techniques for organizing the institutional framework of justice delivery.3 This study addresses that gap. Instead of prescribing the outcomes of judicial architecture, it argues that algorithmic systems should be constitutionally constrained by decision-support tools that augment human authorities rather than substitute for them. To operationalise this argument, the Justice-Based Judicial Infrastructure Allocation Framework (JJIAF), an innovative weighted-indicator model, is developed which generates a district-level Judicial Need Score from case pendency (25%), population (20%), accessibility (15%), rural need (15%), judicial vacancies (10%), digital infrastructure (10%) and disaster risk (5%).4 The framework is benchmarked against practices in the US, UK, Singapore and Kenya where data-driven court administration has enhanced efficiency without compromising judicial control.5 It is also tested against the constitutional values of equality, access to justice, and natural justice under Articles 14, 21 and 39A.6 The report concludes with six policy recommendations, including a National Judicial Infrastructure Dashboard, mandated explainability, and independent bias audits, to ensure that algorithmic allocation strengthens, rather than undermines, the constitutional oversight of the Indian judiciary.

#Judicial Infrastructure#Algorithmic Governance#Access To Justice

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PolicyVolume 3Issue 2Pages 1457–1470

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Parliamentary And Presidential Government: A Study Of U.K., U.S., And India

Dr. GunjanAug 17, 202610.5281/zenodo.21886756

Parliament is sovereign as A.V. Dicey mentioned; it has the power to enact and repeal laws, and no court can do so. Additionally, Montesquieu’s principle of separation of power influenced the creation of the U.S. Congress. It operates under a rigid written constitution that gives judges the power to invalidate laws that violates it. Granville Austin explains that the Indian Parliament is a hybrid that uses Westminster customs from the United Kingdom but still restricted by federalism, judicial review, and a written constitution. M.P. Jain continues to highlight that, as compared to the United Kingdom, the Indian parliament is not sovereign and is required to operate within the boundaries of the constitution. By comparing the composition, functions, and powers of these three legislatures allows us to observe that how democracies vary, how they maintain a balance between representation, accountability, and law-making

#Parliament#Legislature#Supreme Court

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Technology & LawVolume 3Issue 2Pages 1439–1456

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Re-Imagining Policing In A Constitutional Democracy: An Evaluation Of Judiciary As A Catalyst For Police Reform In India

Abhijeet AgrawalAug 15, 202610.5281/zenodo.21955012

The Police system in India continues to be the by-product of the Colonial Rule to perform the twin task of maintenance of law and order and protection of life and liberty of the individual. India consists of 28 separate states and 8 Union territory. The Indian Constitution classifies "Police" as a State topic. This implies that they are governed by the laws and ordinances of the state in which they are situated. State-level rules and regulations provide the parameters for how the police are organized and function. Each state and federally recognized area has a unique police force. The paper's abstract gives an overview of the principles that the British used to build the police force they established in this nation and demonstrates how the colonial model of policing that was implemented did not include the concept of holding the police accountable to people outside the system. Police in modern days not only does the task of prevention of crimes and detection of criminals but also other welfare works like helping in the observance of traffic rules, control of crowds in public meetings and fairs, help the fire brigade and flood rescue parties, and help public in settling the minor disputes. The scope of this paper, is, however, not confined to only the definitional aspect of police. As the title indicates, this paper is going to present an overview regarding police reforms in India. Which challenges the Indian police system is facing? What ways are supposed to be followed to deal with these challenges? What is the stand of law in this regard—these are going to be the focal point in this paper in its succeeding parts.

#Protection Of Life#Illegal Detention#Independent Judicial Commission

0 citations3 downloads14 min readPDF Available (18 pages)

Human RightsVolume 3Issue 2Pages 1420–1438

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Women's Right To Maintenance In India: A Constitutional And Legal Analysis

Akanksha, AnjaliAug 14, 202610.5281/zenodo.21932500

Maintenance is an essential part of the family law, and a powerful instrument to attain economic justice, social wellness, and gender equality in India. Maintenance was conventionally regarded as a personal responsibility of a husband towards a wife, however, there is a tendency to gradually transform it into a legally binding right, which has constitutionalizing foundations and legislations that serve the well-being. Even though there is a vast number of laws and legislations, such as the Bharatiya Nagarik Suraksha Sanhita, 2023, the Hindu Adoptions and Maintenance Act, 1956, the Hindu Marriage Act, 1955, the Protection of Women from Domestic Violence Act, 2005, the Special Marriage Act, 1954, and personal laws, the enforcement of maintenance rights still has a long way to go and is fraught with legal and procedural hurdles. The inconsistent application of the law, slow judicial proceedings, weak enforcement of maintenance orders, duplication of procedures and lack of uniformity in the application of the standards for determining maintenance can impede the effective enjoyment of women's rights. This paper is a critical discussion of the constitutional and statutory provisions on the right of women to maintenance in India. It looks at the meaning and scope of the different articles of the Constitution like Article 14, 15(3), 21, 38, 39 and 41 and how the constitutional ideals of equality, dignity and social justice move the interpretation of the maintenance laws. The study research methodology comprises of doctrinal research which entails interpreting the provisions of the constitution, statutory acts, judicial precedents, and literature. Special focus is given to the changing interpretation of the Supreme Court of India in landmark and recent cases which have enhanced the recognition of maintenance as a form of substantive equality and not just financial support. According to the article, the Indian law has a number of statutory remedies, but the existing legal system is somehow inconsistent and can lead to various results and access to justice. It concludes that a constitutional approach with a gender justice, human dignity and effective enforcement mechanisms is necessary for meaningful protection of women's right to maintenance. The study suggests increased harmonisation of the implementation of maintenance laws, a common approach to deciding on maintenance, more robust enforcement mechanisms and the recognition of unpaid domestic work to fulfil the constitutional goal of substantive equality. Files

#Women's Right To Maintenance#Family Law#Gender Justice

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