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Vaishnavi GiladaMay 21, 202510.5281/zenodo.154841987 pages
In the world where melodies and rhythms have no borders, music stands as a timeless expression of human creation. Behind every lyric and note lies an intellectual spark of creator, an essence critically protected by Intellectual property (IP) rights. The rise of digital technology
Ganga Sankar, Adarsh GMay 21, 202510.5281/zenodo.1548426310 pages
The increasing urgency of addressing global warming and transitioning towards renewable energy sources has significantly impacted legal and policy frameworks worldwide. In India, the judiciary, especially the National Green Tribunal and the Supreme Court, has played an
Sharmistha Bandyopadhyay, Debabrata PyneMay 21, 202510.5281/zenodo.1548423715 pages
Trafficking of human beings in any form is not only prohibited by law but also signify the ingression of basic human rights. Many-a-times, it is being seen that in the name of giving job or else to give some reward, people are becoming the subject of trafficking and are also being compelled to donate their organs and in few cases tissues as well. The heinous activity in the form of organ trafficking is getting increased day by day in economically backward countries like India, Africa etc. and in most of the cases the victims are none other than poor and uneducated people. It is true indeed that traffickers always tend to prey on poor and uneducated people as because it is easier for them to manipulate the will power of such persons without any hardship. Another important fact to be addressed hereinafter is that people lacking financial means are in need of money for their mere survival and also in some other cases; they are in need of money for meeting exigencies. Due to such economic hardship, they are always eager to do anything in terms of getting money and by some way or other become the subject of human trafficking. Apart from poverty, lack of education is also equally responsible for causing increase in organ trafficking as a form of human trafficking. This present work tries to focus on how people in the name of organ or tissue transplantation are becoming the subject of trafficking and also to suggest the best possible ways to curb this menace.
Devesh SharmaMay 20, 202510.5281/zenodo.154762245 pages
JUSTICE IN THE DIGITAL REALM: “THE ADMISSIBILITY OF ELECTRONIC In the legal world, evidence plays a focal role in establishing claims regarding numerous issues involved in a legal case. Evidence exists in many forms, but its admissibility depends on the
Nikhil BajpaiMay 15, 202510.5281/zenodo.1542756012 pages
Rape fundamentally constitutes a breach of the worth of a woman and self-worth, and when perpetrated within the institution of marriage, it dehumanises the woman to a simple instrument of sexual pleasure. India urgently needs to pass a separate legislation that addresses spousal or marital rape and brings it into compliance with accepted international norms. A wife is severely traumatised by the idea of rape in a marriage. Her cognitive, emotional, and mental well-being suffers greatly as a result of her anxiety of having to endure such brutality in quiet. This stillness, though, is not all self-imposed. It is mostly caused by the lack of legal safeguards and the ongoing societal shame surrounding marital rape, which permits this type of assault to continue to go unpunished under the pretence of marital purity. Although the law protects women from outside dangers, it does not protect them when the attacker is their own spouse, whom they married formally and sincerely. Married women are essentially denied the same protection and physical autonomy as others due to this legal difference. It is completely inappropriate in today's culture for a wife to be expected to comply with her spouse's sexual requests irrespective of her will, permission, or health. A contemporary, civilised legal system cannot accommodate the antiquated marital rape exception. Making marital rape a crime is an important first step in changing how sexual violence in marriage is viewed and dealt with, even if it might not totally solve the issue. Whatever the connection among the perpetrator and the victim, the law must acknowledge and uphold the fundamental premise that rape is rape.
Gaurav Kumar, Sujata SarkarMay 12, 202510.5281/zenodo.1539090023 pages
The rise of illegal drug trade on the dark web presents serious hurdles for law enforcement and prosecutors worldwide. A key challenge is obtaining and verifying digital evidence, especially when offenders use tools like Tor, VPNs, and cryptocurrencies to mask their identities.3 These
Arindam ShitMay 12, 202510.5281/zenodo.1539088919 pages
The term ‘carbon neutrality’ refers to a state where the amount of CO 2 released in the atmosphere is equal to the amount of CO 2 is extinguished from atmosphere by various means. India has targeted to reduce carbon emissions by 50 % by 2030 and will become carbon neutral
(dr.) Surendran, Rohit TamangMay 10, 202510.5281/zenodo.1538109120 pages
This study looks at how India, Bangladesh, and nearby countries handle domestic violence. Even though these places are close and share cultures, they deal with domestic abuse differently. India has strong laws, like the Domestic Violence Act of 2005, which offers help and protection. But, enforcing these laws is hard because of social attitudes and government issues. Bangladesh has laws too, but they are not well enforced, so they do not work well. Other nearby countries have different ways of dealing with domestic violence. Some are doing better at helping victims, but they still face cultural stigma and weak law enforcement. This research studies how laws have developed in these places, finds problems in current laws, and suggests ways to better protect victims. These include better enforcement, more public awareness, and focusing on victims in legal processes.
Som RathMay 5, 202510.5281/zenodo.1534523915 pages
Micro, Small, and Medium Enterprises (MSMEs) are vital to the Indian economy, contributing significantly to GDP, employment, and exports1. However, they face unique financial vulnerabilities and challenges in accessing formal insolvency mechanisms 2. The Insolvency and Bankruptcy Code (IBC), 2016, was enacted to consolidate insolvency laws and provide a time-bound resolution process3. While a landmark reform, the IBC framework, often designed with larger corporations in mind, presents barriers for MSMEs 4. This paper aims to analyse the challenges MSMEs face in accessing IBC mechanisms despite provisions intended for them 5. Employing a doctrinal methodology, this paper reviews the MSMED Act, 2006, the IBC, 2016, and relevant literature and reports 6. Key findings suggest that high costs, procedural complexities, lack of awareness, limited access to insolvency professionals, and potential biases within the creditor committee structure disproportionately affect MSMEs' ability to utilize IBC effectively7. While specific provisions like Section 240A and the Pre-Packaged Insolvency Resolution Process (PPIRP) exist 8, systemic issues remain. The paper argues for targeted reforms to enhance accessibility and effectiveness of the IBC for MSMEs, drawing comparisons with international approaches where relevant, to ensure this critical sector can leverage insolvency laws for timely resolution and revival9. 1 Yajur Sood, Analysis of the Micro, Small and Medium Enterprises Act, 2006, 3 INDIAN J.L. & LEGAL RSCH. 1, 2 (2021) (discussing the role and employment contribution of MSMEs) 2 Insolvency and Bankruptcy Code, 2016, No. 31, Acts of Parliament, 2016 (India) [hereinafter IBC, 2016] 3 Insolvency and Bankruptcy Code, 2016, No. 31, Acts of Parliament, 2016 (India) [hereinafter IBC, 2016] 4 Vivek Kumar, Reforms Brought in the Insolvency Regime: The Insolvency and Bankruptcy Code, 2016, 5 INDIAN J.L. & LEGAL RSCH. 1, 2 (2023) 5 Ronald B. Davis et al., The Modular Approach to Micro, Small, and Medium Enterprise Insolvency 20 6 Ronald B. Davis et al., The Modular Approach to Micro, Small, and Medium Enterprise Insolvency 20 7 Davis et al., supra note 3, at 20-21 8 Id. at 25 9 IBC, 2016, Preamble; see also Davis et al., supra note 3, at 21 1 Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 .
Unnath PintoMay 5, 202510.5281/zenodo.153448656 pages
The Foreign Contribution (Regulation) Act was introduced in 1976 to regulate the funding from foreign sources to NGOs, CSOs, and NPOs functioning in India. A lot of these organizations function under the Constitutional Provisions conferred by Article 26, upholding religious values and charitable intentions. However, the 2020 amendment to the act seemed to create havoc due to its draconian provisions and pedantic criteria for institutions to obtain licenses. This research article presents an interdisciplinary study encompassing Legal aspects along with tangents of Social science by analyzing the subject matter based on dimensions of development. This study aims to explore the effect of the Government's move to cancel the licenses of various charitable organizations without any reason or by stating irrelevant reasons with no support under the pretext of FCRA. Qualitative data via doctrinal study in the form of various articles have been employed for this study. Furthermore, views have been countered and supported by the aid of constitutional provisions. The study succeeds in finding that misuse of FCRA by the Government acts as a deterrent to various dimensions of development, like social, cultural, and ethical. It is a peril at the door and a wake-up call as it threatens the preambulatory value of secularism and the rights of cultural identities to regulate their affairs. This paper identifies the cognition behind FCRA and its requirements, but also simultaneously contests the abuse of the same by the stakeholders against the minorities and vulnerable groups.
Sneha ChauhanMay 2, 202510.5281/zenodo.153283714 pages
The Bhartiya Nyaya Sanhita, 2023 (BNS) introduces a transformative shift in India's criminal justice system by incorporating community service as an alternative form of punishment for minor offenses. This reformative approach prioritizes rehabilitation over retribution, focusing on the reintegration of offenders into society through constructive social contributions rather than incarceration. This article explores the concept of community service punishments under BNS 2023, highlighting its philosophical foundation in reformative justice and restorative justice. It examines the benefits, including reducing prison overcrowding, fostering social reintegration, and offering a more cost-effective alternative to traditional imprisonment.
Mohd. QureshiApr 27, 202510.5281/zenodo.1529180721 pages
The rise of digital technology has fundamentally transformed legal proceedings, creating new challenges and opportunities in evidence law. The Bhartiya Sakshya Adhiniyam (BSA), 2023, is a landmark legislative development in India, focusing on the admissibility and credibility of electronic evidence in the judicial system. This paper examines the provisions of the BSA, exploring how it redefines the role of electronic records as primary evidence and the measures put in place to ensure their authenticity and reliability. The BSA elevates electronic and digital records to the status of primary evidence, marking a shift from the traditional view where such records were considered secondary evidence. This change highlights the growing recognition of digital forms of evidence—such as emails, server logs, and multimedia files—as essential elements of legal cases. Section 61 of the BSA ensures that electronic records hold the same legal weight, validity, and enforceability as conventional documents, provided they meet the specific criteria outlined in Section 63. A key aspect of the BSA is its focus on maintaining the chain of custody and integrity of electronic evidence. The Act mandates that electronic records be accompanied by an authenticity certificate, signed by both the person responsible for the device and an expert. This dual-certification requirement aims to prevent tampering and ensure the reliability of the evidence presented in court. Moreover, the BSA includes provisions for expert testimony, permitting courts to rely on forensic analysts and IT specialists to interpret complex electronic evidence. This approach recognizes the need for specialized expertise in evaluating digital records and guarantees that such evidence is properly understood and assessed. However, the BSA's implementation faces certain challenges. Notably, the Act does not clearly define who qualifies as an expert capable of certifying the authenticity of electronic evidence. Furthermore, as technology evolves rapidly, there is a pressing need for Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 continuous updates to the legal framework to address emerging issues in digital evidence handling. In conclusion, the Bhartiya Sakshya Adhiniyam, 2023, represents a crucial step in modernizing India's evidence laws, adapting them to the digital era. By providing clear guidelines for the admissibility and credibility of electronic evidence, the BSA strengthens the integrity of legal proceedings and enhances confidence in the judicial system's handling of digital records. Nevertheless, ongoing efforts are necessary to address the challenges posed by rapid technological advancements and ensure the law remains effective and adaptable.
India., Pune, Lakshita KanwarApr 27, 202510.5281/zenodo.1529173110 pages
Abstract: This paper critically examines key provisions of the Indian Contract Act, 1872, specifically those related to contracts of guarantee. Focusing on Sections 130, 143, and 145, the study analyses through literal interpretations, identification of legislative
Andru JamesJan 8, 202510.5281/zenodo.146177167 pages
The transformational goal of the Constitution is the betterment of the individual's life and the courts play an important role in furthering this transformational goal by applying its judicial mind 1.The KS Puttaswamy vs. Union of India judgement by the Supreme Court of India is a historic ruling, especially in light of its impact on data privacy and protection against invasive data practices. Amid rapid technological advancements, this landmark decision serves as a pivotal moment in the evolution of data protection laws in India. The analysis focuses on the balance court sought between its private duty to protect the individual's liberty or its possible exceeding of judicial mandate and stepping into the shoes of the legislature and the executive. By recognizing privacy as a fundamental right, the KS Puttaswamy judgment set the stage for a more balanced approach to the challenges posed by data collection and surveillance, ensuring that technological advancements do not come at the expense of constitutional values. 1 Anubhuti Singh, The Right to Privacy as a Fundamental Right - A Critical Examination with Respect to the Case of K.S. Puttaswamy vs Union of India, 4 INDIAN J.L. & LEGAL RSCH. 1 (2022). Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
Akash SharmaJan 1, 202510.5281/zenodo.153283526 pages
ESports in general terms refers to the arena of sports taken to cyberspace. What were earlier considered to be just video games that were played majorly as a hobby and a pastime activity have now evolved into full time careers and have given rise to a billion dollar
Allied StudiesJan 1, 202510.5281/zenodo.152918726 pages
India has a history of being particularly susceptible to disasters specifically natural disasters considering its particular climatic characteristics and demographic features. India's susceptibility and vulnerability is greater than that of advanced nations due its social demography. Federal and healthcare systems have been put to the test as a result of the COVID 19 outbreaks over the world. Since no single jurisdiction can handle the situation on its own, the pandemic has highlighted the need to promote cooperative federalism. The constitution of India permits the Union government to take the initiative in collaborating with and assisting the states in exceptional situations like disasters. The Disaster Management Act 2005 and the Epidemic Diseases Act 1897 provide the legal framework for these initiatives. The overlapping of jurisdiction raise pertinent question about the maintenance of basic structure doctrine of the constitution as during disasters the administration of India tilt towards more as unitary than federal. This paper discusses about the dynamics of centre-state relations in India during the time of disasters.
Geetha R, B.A. LL.MJan 1, 202510.5281/zenodo.1551131518 pages
This paper offers a comprehensive exploration of Article 21 of the Indian Constitution, which guarantees the fundamental right to "Protection of Life and Personal Liberty." It delves into how the Indian judiciary has consistently broadened the interpretation of this concisely worded provision, transforming it into a cornerstone of human rights and dignity. The study meticulously analyzes a series of landmark judicial pronouncements that have progressively expanded the scope of Article 21. The analysis demonstrates the initial, narrower understanding of this right, primarily as a safeguard against arbitrary state action, and then tracks its evolution through pivotal Supreme Court decisions. These decisions have fundamentally redefined "procedure established by law" to incorporate principles of natural justice and due process. The paper further illustrates how the "right to life" has been expanded beyond mere physical existence to encompass a broad spectrum of rights essential for a dignified human life. This includes, among others, the right to livelihood, a clean environment, health, education, and privacy. Similarly, the paper examines how the judiciary has imbued "personal liberty" with a more expansive meaning, covering various aspects of individual autonomy and freedom from unwarranted state interference. By systematically dissecting these significant legal rulings, this paper elucidates the profound impact of the Supreme Court's interpretative role in establishing Article 21 as the most dynamic and far-reaching fundamental right, serving as a robust guardian of human rights and dignity in India. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 JUDICIAL DELINEATION OF EMERGING REGIME OF NEW RIGHTS AND REMEDIES
Abhijit ChavanJan 1, 202510 pages
This research paper analyses the landmark judgment of the Supreme Court of India in Satender Kumar Antil vs. Central Bureau of Investigation & Anr. 1, which primarily addresses the principles governing arrest, bail, and the procedure after filing a charge-sheet under the Code
Newal ChaudharyNov 27, 202410.5281/zenodo.1423161718 pages
The Right to Anonymity as a Fundamental Human Right: It’s Intersection with In today's digital age, the right to anonymity has emerged as a critical battleground where privacy, free expression, and security intersect. This articles focus into the landscape of
Aryaman KeshavOct 24, 202410.5281/zenodo.139883379 pages
Cybersquatting refers to the act of intentionally register domain names that mimic established trademarks, aiming to profit from later selling them to the original trademark holders. The rapid expansion of the internet has intensified this problem, affecting businesses globally and giving rise to a significant area of conflict in intellectual property and domain name law. The Internet Corporation for Assigned Names and Numbers’ (ICANN) Uniform Domain-Name Dispute-Resolution Policy (UDRP), offer alternative arbitration mechanisms to deal with the issue of cybersquatting as traditional trademark law often falls short to address it sufficiently. This paper discusses the function of UDRP in tackling cybersquatting through an efficient arbitration process, including the procedural requirements necessary to initiate a domain dispute claim. Furthermore, the role of the World Intellectual Property Organization (WIPO) in providing specialized arbitration and mediation for domain name conflicts is explored, highlighting the impartiality, expedited processes, and qualified adjudicators that WIPO offers to affected parties. The paper looks into the Indian approach where protection for domain names remains underdeveloped. Even with no laws concerning cybersquatting, Indian courts have taken recourse to common law and extended protection to domain names via the scope of passing off. The paper also seeks to analyze the effectiveness of introduction of the .IN Dispute Resolution Policy (INDRP) in curbing cybersquatting. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
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