The right of private defence in Indian criminal law is not a modern construct; it is a direct descendent of the Indian Penal Code 1860 drafted under Macaulay’s Law Commission, shaped and influenced by English Common Law assumptions about the violence and self defence in the mid nineteenth century. An act done in the exercise of Private defence is not an offence, provided sudden, visible danger by stranger, imminent threat to bodily harm, the utilization of reasonable force in reaction of that danger and absence of a safe opportunity to withdraw. Section 96 to 106 of the Indian Penal corresponding with Section 34 to 44 of Bharatiya Nyaya Sanhita, 2023 codified this logic This becomes far less clean and debatable in case of Battered Women Syndrome when the “stranger” is a husband and the danger has been present for years rather than seconds where it describes a psychological reality shaped by cumulative, cyclic trauma ,one in which a woman's perception of danger is calibrated not to the moment of attack but to a pattern learned overs years of abuse and mental, physical trauma for women.
Empirical data underscore the scale of this doctrinal blind spot: the National Family Health Survey (2019–21) found that more than one in four Indian women aged eighteen to forty-nine has experienced some form of domestic violence, with husbands consistently identified as the most frequent perpetrators of such violence within marriage.[1] Because Battered Women Syndrome is theorised as a response to precisely this kind of sustained, intimate violence, the gap between the statutory imminence requirement and the lived experience of a significant proportion of Indian women is not a marginal doctrinal curiosity but a recurring feature of the criminal justice system.
The architectural stability of India’s retail credit ecosystem has been profoundly disrupted by the intersection of smartphone ubiquity, data-driven underwriting, and regulatory arbitrage. While traditional credit delivery mechanisms—ranging from scheduled commercial banks to non-banking financial companies (NBFCs)—operate within a highly codified, risk-averse supervisory matrix managed by the Reserve Bank of India (RBI), an expansive, shadow parallel economy has flourished. This shadow network comprises unregulated entities that leverage digital infrastructure to extend credit outside the perimeter of prudential oversight[1]. The proposed Banning of Unregulated Lending Activities (BULA) Bill represents the state’s ultimate legislative counter-offensive. It aims to establish an absolute statutory prohibition on any credit-extending activity that lacks the explicit imprimatur of an official regulator. However, by choosing a sweeping prohibitory mechanism rather than a nuanced regulatory or licensing framework, the draft bill risks colliding with fundamental constitutional guarantees, disrupting federal legislative competence, and aggravating the very socio-economic vulnerabilities it seeks to cure.
The BULA Bill remains, at the time of writing, in draft form. The Department of Financial Services released it for stakeholder comment on 13 December 2024 and kept the initial comment window open until 13 February 2025, and it has not yet been formally introduced as a Bill in Parliament.[2] This procedural posture matters for the analysis that follows: because the text remains open to revision before formal introduction, the constitutional and federal vulnerabilities identified in this paper are not academic post-mortems on a settled statute but live drafting choices that Parliament retains a genuine opportunity to correct.
#Unregulated Digital Lending#Bula Bill#2024
0 citations0 downloads14 min readPDF Available
Technology & Law·Volume 3·Issue 2
View
The Fracturing Institution: Analysing The Decline Of Traditional Marriage In Contemporary India
Today traditional arranged marriages in India, which was historically a sacred and indissoluble union between families rather than just individuals, is now undergoing a significant transformation. This Research paper addresses the question to what extent have demographic imbalances, economic transformations, educational expansion, and technological disruptions contributed to the major decline of traditional arranged marriage in India as a universal institution, and how do these factors vary across class, region, and gender. Synthesizing data from the National Family Health Survey-5, National Sample Survey, Census records (1971–2011), and ethnographic studies, the paper identifies four primary drivers: Structural demographic imbalance creating 39 million surplus grooms, Economic liberalisation producing urban-rural divergence in marriage timing, Female educational expansion altering assortative mating and delaying marriage among educated women, and Dating applications enabling partner selection beyond caste boundaries. This paper argues that rather than uniform decline, India is experiencing polarised restructuring among disadvantaged populations that is rural, less-educated, lower-caste, marriage remains nearly universal but increasingly distressed (bride shortage, dowry inflation, cross-region migration) among privileged populations (urban, highly educated, wealthy), marriage is becoming selective, delayed, and increasingly questioned. This divergence has significant implications for gender relations, family policy, and social welfare in the world’s most populous nation.
#Marriage Decline#Demographic Transition#Delayed Marriage
0 citations3 downloads14 min readPDF Available
Policy·Volume 3·Issue 2
View
From Orwell To Algorithms: Is 1984 Becoming A Legal Reality? A Legal Analysis Of Government Surveillance And Privacy Rights
Contemporary digital surveillance and the expansion of state-controlled Artificial Intelligence and mass data collection have provoked anxiety about Orwellian surveillance states which Orwell’s Nineteen Eighty-Four so presciently imagined. This research examines whether the situation of contemporary state surveillance creates Orwellian legal and ethical nightmares, and critiques the efficacy of legal protections for the right to privacy. Using a mixed-doctrinal and empirical approach, this paper offers an in-depth and critical analysis of the legal frameworks comprising constitutional provisions, international and regional human rights law, and case law, and correlates this with a descriptive analysis of survey data derived from an anonymous Google Forms survey with ten respondents. This research used a five-item Likert-style survey to collect data regarding the respondents’ views on the expansion of surveillance, fear of data privacy, the greatest threat to privacy, the perceived sufficiency of privacy laws, and the perceived similarity of modern-day state surveillance to the year Nineteen Eighty-Four. This study found that the public believes the expansion of state surveillance is vastly evident (80%), is highly concerned about state-sponsored data privacy (70%), and is unconvinced about the sufficiency of existing state-sponsored data privacy laws (70% expressed disagreement), and that contemporary state-sponsored data privacy laws and Orwell’s dystopia are highly congruent (70% expressed agreement). Data Privacy, by far, is the greatest state-sponsored surveillance concern. Within the context of proportionality and necessity within state-sponsored data privacy laws from the Puttaswamy case to the Court of Justice for the European Union and the European Court of Human Rights, this research concludes that contemporary state-sponsored data privacy laws and Orwell’s Nineteen Eighty-Four, while far from perfect, are congruent and relevant.
#Government Surveillance#Right To Privacy#Digital Constitutionalism
Law as an independent institution mainly consists of rules, statutes, presidents, etc. But sometimes,
these aren’t enough to attain the ultimate purpose of having a living legal system, that is to provide
justice. For this purpose, law collaborates with several other disciplines like social science,
psychology, philosophy, biology, and chemistry.
Toxicology, in its essence is a scientific discipline that deals mainly with chemistry, biology and
medical science, which was introduced in the field of law by Mathieu Orfila in the Lafarge murder
case in 1840, Tulle, France.
Before toxicology was formally introduced, justice in cases of poisoning were solved mainly on
qualitative and circumstantial evidence like, who was present, who had the motive, who had the
knowledge? How did the poison get there and how did it come in contact to the victim? If the
suspect pleads innocent and says that he is being framed who has the strongest motive to frame
the suspect? Could it be possible that the case is simply non maintainable and the death was a
complete accident or natural cause or mistake of the victim himself?
Though none of these questions seem valid and legally material enough to solely determine a
whole judgment, it was the best method in absence of any proper method of study of poisoning
and hazardous substances. This is the gap that Toxicology was created to fill.
The scale of this challenge remains considerable in India today. National Crime Records Bureau
data for 2022 record that chemical poisoning accounted for roughly a quarter of all suicides
reported nationally, underscoring why a scientifically reliable method of establishing the cause
and circumstances of death continues to be indispensable to the administration of criminal justice.1
The following article seeks to study what toxicology is, what are the different sub-divisions of
toxicology, and why they are necessary. We also try to enhance our understanding with the help
of case laws and illustrations.
The Indian constitution provides the Fundamental rights to its citizens it also sets the Fundamental Duties as mentioned under part IVA[1] of the constitution of India under Article 51A[2]. The main aim of these duties are to instill feelings of patriotism unity and responsibility amoungst the citizens although all these duties remain unenforceable in the court of law. This research paper tries understands the effects of non enforceability on the civil behaviour and how it is affecting the people as a whole. Through the analytical and doctrinal method of research it studies the constitutional interpretations, judicial explanations and the reasoning of the landmark cases and the committee recommendations to assess whether the making the Fundamental Duties legally binding can help the society in enhancing the society by encouraging the feelings of responsibility and awareness. This research paper also takes expert opinions of legal scholars and it refers to articles on Fundamental Duties by DD Basu. This research paper also compares the Fundamental Duties of many countries like China, Russia in which such duties are enforceable in the court of law and some countries take such duties as moral obligations such as Japan and USA. This research papers also advises that India should follow a method of selective enforceability in which only certain part would remain enforceable. This research paper concludes by stating it can be understood total total enforceability may not work as a whole but targeting essential certain parts enforcing it can bride the gap between duties and rights in India. Lastly this research paper also provides with the future scope for research on this topic.
#Fundamental Duties#Article 51a#Constitution Of India
0 citations2 downloads14 min readPDF Available
Policy·Volume 3·Issue 2
View
Forbidden, Policed, And Criminalised Love: Queer Intimacies, Live-In Relationships, Honour, Surveillance, And State Control
The judicial conception of intimate autonomy and the constitutional understanding of “family” under Article 21 have undergone a remarkable transformation from a narrow, heteronormative understanding of marriage to queer relationships, live-in partnerships and “chosen families” outside the realm of biological or marital relations. This reflects a widening judicial awareness that decisional autonomy, dignity, and the right to choose an intimate partner merit the same constitutional protection as formal marriage. This shift has been bolstered by legislation such as the Protection of Women from Domestic Violence Act, 2005, which covers relationships “like marriage” and not only solemnized unions and yet this progress is in tension with an expanding architecture of control: the notice-and-objection procedure under the Special Marriage Act, 1954, anti-conversion laws, mandatory live-in relationship registries under the Uniform Civil Codes of 2025–26, and the extra-legal violence of Khap Panchayats. Together, these produce a “temporal trap” in secular marriage law and a “carceral turn” in cohabitation regulation, exposing couples to surveillance and harassment precisely where the law promises refuge. The Transgender Persons (Protection of Rights) Amendment Bill, 2026, also highlights the contradictory nature of the state’s position towards non-conforming identities. While there have been judicial advances, there remains a real gap between constitutional principle and statutory/administrative practice. To achieve true reform, it is necessary to dismantle surveillance-based regimes of registration, enact a dedicated federal law against honour-based crimes, and reform the publication requirements of the Special Marriage Act, to protect the dignity, privacy and autonomy of those whose intimate choices fall outside majoritarian norms.
The landmark Navtej Singh Johar v. Union of India (2018)[1] Judgement had decriminalized consensual same-sex relationships in India, fundamentally altering an entire ambit of legal sexual orientations and intimacy. However, this jurisprudence gave rise to contradictory juxtaposition prevailing in Hindu marriage law, particularly Section 13(2) (ii) of the Hindu Marriage Act, 1955, which retains sodomy as a ground for divorce. This article examines the surge of legal incongruity resulting from this progression.
The following paper will focus on three foci: the thriving existence of sodomy as a matrimonial offense despite its decriminalization; the gendered construction of adultery; and impossibility of bigamy in same-sex relationships due to the absence of marriage equality thereby creating a void for spousal infidelity involving same- sex partners.
#Section 377 Decriminalization#Hindu Marriage Act#Sodomy
0 citations0 downloads14 min readPDF Available
Technology & Law·Volume 3·Issue 2
View
Probabilistic Truth And Judicial Certainty Mandating Precision – BNSS Forensic Reforms And The Rise Of Ai-Integrated Investigations Ai-Assisted Forensics Under Section 176(3) BNSS And The Future Of Criminal Investigations In India
India's enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023 marks a paradigm shift in the architecture of criminal justice
- from a confession driven paradigm inherited from colonial law to a forensic integrated model judicially mandated by statute. Section 176(3) BNSS introduces the first binding obligation on investigative agencies to conduct forensic examination for offences punishable by seven years or more, while the BSA elevates electronic records to the status of primary evidence. At the same moment, artificial intelligence (AI) technologies such as spanning DNA probabilistic genotyping, AI-assisted ballistic comparison, facial recognition, and predictive behavioural analytics - from convolutional neural networks for fingerprint analysis to large language models for crime scene triage - are proliferating across forensic workflows worldwide.
This paper argues that Section 176(3) BNSS unintentionally establishes the statutory foundation for AI-assisted forensic investigations, yet India's evidentiary framework remains insufficiently equipped to regulate algorithmic evidence. it undertakes a comprehensive techno-jurisprudential analysis of the intersection between BNSS/BSA mandates and AI-integrated forensic investigations, questions the 'black box' opacity problem, algorithmic bias, and Article 21 for fair trial implications, surveys the US Daubert standard and EU AI Act as regulatory models, and proposes a legislative and institutional blueprint - including a codified 'Right to Explanation', mandatory algorithmic audits, and standardised forensic SOPs - to ensure that India's precision-forensics revolution upholds, rather than undermines, the constitutional promise of justice.
THE RIGHT TO PRIVACY OF ADOLESCENTS IN SEXUAL OFFENCE CASES: DOCTRINAL AND PRACTICAL IMPLICATIONS OF IN RE: RIGHT TO PRIVACY OF ADOLESCENTS (2024 INSC 614) FOR THE BHARATIYA NYAYA SANHITA, 2023 FRAMEWORK
In August 2024, a Bench of two judges of the Supreme Court of India found itself facing a decision
of the Calcutta High Court that, in effect, had decriminalized an act of sex between a twenty-fiveyear-old man and a fourteen-year-old girl on the basis of judicial constructs of “non-exploitative
relationships” and “older adolescents.” Nine months later, in May 2025, the same Bench, faced
with the practical effects of its own corrective ruling, used Article 142 of the Constitution to stay
sentence despite a wholly unchallenged conviction. When considered together, the two rulings in
In Right to Privacy of Adolescents provide both definition of the law with respect to strict liability
offenses as well as demonstrate the continuing uncertainties in the legislative field. This paper
reviews the legislative landscape as it exists within BNS, 2023 and the BNSS, 2023, and places
the resultant constitutional deficiency in context with the privacy law developed in Puttaswamy,
as well as Canada’s and the United Kingdom’s close-in-age legislation.
Currently, the Indian criminal justice system faces a serious issue with incarceration. The occupancy of prisoners is 573,220 in places built to accommodate only 425,609 inmates, and undertrials are 75.8% of the total prison population. This indicates that the current imprisonment-focused approach to punishment has failed in several aspects such as rehabilitation, deterrence, and public safety.
The following paper will provide an assessment of India's ability and need to re-evaluate its criminal justice system beyond relying on incarceration as the primary means to address crimes. Through employing a doctrinal, comparative, and socio-legal research method, the discussion will look at theories underlying non-penal punishment. The study will examine the legal obligations that can be gleaned from Article 14 and Article 21 of the Constitution of India, taking into consideration the lack of use of present non-institutional measures under the Probation of Offenders Act 1958 and the newly passed Bharatiya Nyaya Sanhita 2023. Furthermore, the following paper will discuss relevant court rulings such as Hussainara Khatoon v Home Secretary, State of Bihar, Arnesh Kumar v State of Bihar, and Bachan Singh v State of Punjab.
With reference to comparative case examples of Norway, New Zealand, Japan, and South Africa, this essay provides an overview of various alternatives to incarceration across the globe, ranging from community-focused and restorative justice initiatives to forms of supervised probation. The primary claim put forward by this analysis is that the overrepresentation of marginalized groups in India’s prison system, alongside the social and economic implications of incarceration, and the inherent constitutional right to human dignity combine to demonstrate that criminal penal reform is not only imperative but also mandatory in India. In terms of specific policy recommendations, these include a comprehensive Sentencing Code, an overhaul of probation services, a National Restorative Justice Model, the establishment of open prisons, and reforms to the existing system of bail. At the center of the core thesis is the notion that punishment, in a democratic constitutional state, should primarily aim at achieving accountability and restorative justice.
While generative artificial intelligence has made production of text, images, music or other software code and audiovisual works more efficient than ever before, it has also disrupted the foundational structure of copyright law. Such concerns lead to three interrelated questions in Indian copyright doctrine, as follows: does the use of protected works for training purposes infringe rights, when (if ever) do AI-generated outputs constitute infringing copies or adaptations, and can the mere imitation of a human creator’s style be legally determined without enclosing ideas, methods and aesthetics? Despite containing provisions on computer-generated works, exclusive rights and infringement, fair dealing and moral rights, The Copyright Act 1957[1] was not drafted to address large scale model training or probabilistic content generation. This paper is doctrinal in nature, inspecting Indian statutes, constitutional provisions as well as case law and policy pertaining to international obligations under copyright laws and comparative jurisdictions including the European Union, Japan and the US. It contends that Indian law ought to reject both extremes: otherwise-free licence for training on protected data, and an over-broad copyright veto over all machine learning. Instead, India should at least move towards a careful calibrated framework that divides copying that takes place during training, substitutive output stage as well as author-specific creative imitation. This paper suggests a new exception for text-and-data-mining by establishing lawful access and transparency/opt-out safeguards through compulsory or collective licensing, plus a human creative control test on AI-assisted authorship, followed by a fault-sensitive liability model for developers, deployers and users.
#Generative Artificial Intelligence#Copyright Infringement#Training Data
0 citations13 downloads14 min readPDF Available
Law & Psychology·Volume 3·Issue 2
View
Performing Innocence: The Psychology Of How Defendants Are Perceived In Courtrooms
“Innocent until proven guilty” is a phrase repeated in courtrooms, OTT series, films and newspaper headlines alike. Deriving its legitimacy from Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), and often regarded as the “golden thread” of criminal jurisprudence, it reflects the Indian law’s aim to remain objective and fair. However, when an accused, who is “innocent in the eyes of the law” steps into the courtroom, a contrary reality unfolds. The judgment of guilt or innocence is formed by appearance. The colour of the kurta, the slouched posture, or averted eyes form perceptions before the judge’s formal pronouncement of “Guilty” or “Not Guilty”.
The tension between legal theory and psychological reality lies at the heart of the criminal trial. While every feature of the formal process is designed to insulate fact-finding from prejudice, the courtroom is also an intensely human arena. It is a space shaped by visual first impressions, narrative expectations, and the cognitive shortcuts that operate below the threshold of conscious deliberation. This paper explores that tension, tracing the gap between what the law demands of its participants and what the mind actually does when confronted with an accused person. It draws on legal doctrine, constitutional safeguards, psychological research, and the lived experience of high-profile Indian prosecutions to argue that appearance, demeanour, and presentation are not incidental to the trial; they are, in practice, a parallel form of evidence that operates without the discipline of admissibility rules, cross-examination, or the standard of proof. The implications for fair trial rights, the equality guarantee under Article 14, and the integrity of the adversarial process are both significant and underexamined.
#Presumption Of Innocence#Courtroom Psychology#Cognitive Bias
0 citations6 downloads14 min readPDF Available
Constitutional Law·Volume 1·Issue 1
View
Corporate Social Responsibility or Backdoor Taxation? a Corporate Law and Constitutional Analysis of Section 135 of Companies Act, 2013
This article aims to analyze the transformation of initial introduction of Corporate Social Responsibility (CSR) to a mandatory compliance imposed on Indian companies, under section 135 of Companies Act,2013. It examines the Backdoor taxation like characteristics of CSR upon non-compliance. While originally conceived as a ‘spend-or-explain’ arrangement, it has been transformed into ‘spend-or-forfeit’ framework by subsequent amendments. This defeats the purpose of voluntary philanthropy, making Corporate Social Responsibility a “Check-Book Philanthropy”. While existing literature evaluates the social impact of CSR frameworks, minimal attention has been given to its tax resembling characteristics following amendments relating to unspent CSR obligations. This article aims to argue that CSR in India is nor a purely philanthropic concept, nor a taxation idea. It represents a regulatory hybrid that incorporates significant fiscal characteristics while retaining a limited degree of corporate spending autonomy. It explores themes like ‘Check-book Philanthropy’, ‘Earmarked Taxation’ and ‘Ring-fenced Taxation’. Further examining theories of ‘Colorable legislation’ and ‘Shareholder Primacy’, fiduciary obligation under section 166 and a doctrinal analysis of Section 135, this paper concludes that mandatory CSR is nor understood as pure philanthropy, nor as conventional taxation. Rather it is best studied as a regulatory hybrid that blurs the boundary between corporate governance and fiscal policy.
#Corporate Social Responsibility (csr)#Section 135 Of The Companies Act#2013
0 citations5 downloads14 min readPDF Available
Law·Volume 1·Issue 1
View
Indias Position on Refugee Law: Should India Adopt a Formal Refugee Law Framework?
India has a long history of hosting refugees from Tibet, Bangladesh, Sri Lanka, Afghanistan, Myanmar, and other neighbouring regions, yet it remains outside the 1951 Refugee Convention and the 1967 Protocol and lacks a dedicated domestic refugee law. Instead, refugee protection is governed through general immigration laws and discretionary executive policies, resulting in inconsistent treatment of different refugee groups. This paper examines the evolution of international refugee law, India's historical experience with refugee protection, and the structural deficiencies of its existing legal framework. It analyses India's obligations under international human rights law, the constitutional protection of life and personal liberty, and judicial responses to refugee issues despite the absence of specific legislation. The study also explores the reasons behind India's refusal to accede to the Refugee Convention, including concerns relating to national security, sovereignty, demographic pressures, and regional geopolitics. By comparing India's approach with regional refugee frameworks in Africa and Latin America, the paper argues that the current ad hoc system creates legal uncertainty, unequal treatment, and inadequate procedural safeguards for refugees and asylum seekers. It concludes that India should enact a comprehensive domestic refugee law that incorporates internationally recognised principles such as refugee status determination, non-refoulement, and minimum standards of protection while remaining tailored to India's constitutional values and security concerns. Such legislation would provide greater legal certainty, improve administrative consistency, and balance humanitarian obligations with legitimate state interests.
#Refugee Protection#India#Refugee Law
0 citations14 downloads14 min readPDF Available
Human Rights·Volume 3·Issue 2
View
DOMESTIC VIOLENCE IN INDIA: LONG-TERM HARMS AND THE LIMITS OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Domestic violence in India continues to be one of the most widespread yet deeply silenced forms
of gender-based violence. While the immediate physical injuries of domestic violence are visible
and documented, the long-term consequences suffered by survivors remain largely invisible to
both law and society. This paper examines the enduring effects of domestic violence on women
survivors in India across psychological, physical, social, and economic dimensions. The National
Family Health Survey-5 reveals that nearly thirty percent of Indian women between eighteen and
forty-nine years have experienced spousal violence.1 Research consistently shows that survivors
develop serious long-term conditions including post-traumatic stress disorder, chronic depression,
and anxiety disorders that persist for years after the violence ends. Children who witness domestic
violence within households further carry these traumatic experiences into adulthood, creating
cycles of intergenerational trauma that extend the harm beyond the immediate survivor. Beyond
psychological damage, domestic violence leaves survivors economically dependent, socially
isolated, and physically weakened through chronic health conditions. This paper argues that
understanding these long-term effects is essential for building effective policy responses, support systems, and legal frameworks that go beyond immediate protection to address genuine recovery
and rehabilitation of survivors in India.
#Domestic Violence#Long-term Effects#Ptsd
0 citations2 downloads14 min readPDF Available
Technology & Law·Volume 3·Issue 2
View
DARK PATTERNS AND BEHAVIOURAL MANIPULATION IN DIGITAL MARKETPLACES
In the hyper and competitive arena of digital marketplaces and dark patterns it is a
deceptive interface designs that exploit cognitive vulnerabilities that have become insidious
tools of behavioral manipulation, eroding consumer autonomy and skewing market dynamics.
The CCPA Guidelines for Prevention and Regulation of Dark Patterns 2023 prohibit 13 patterns
including subscription traps and disguised ads under section 3,4, and 5. In digital marketplaces
where platforms such as amazon, flipkart, and meesho deploy tactics like drip pricing, false
urgency, basket sneaking, and confirm shaming to drive unintended consumer actions. The
Consumer Protection Act 2019 defines the unfair trade practices under section 2(47). Section
4 of the Competition Act 2002 provides that dark patterns enabling behavioral lock-in that can
distort the competition which is to be seen in CCI probes against amazon and flipkart. In India
while the CCPA fines remain modest relative to Big Tech revenues, global benchmarks offer
sharper tools like the EU Digital Services Act article 25 of it which bans dark patterns outright
with fines up to 6% of global turnover. The CCPA in June 2025 mandated the self-audits across
50+ platforms with compliance declaration. The National Cyber and AI Center framework has
introduced risk-based AI assurance that is targeting manipulative nudges in digital marketplaces while harmonizing with India AI missions. It advocates a unified digital fairness
authority with mandatory behavioral audits, public pattern registries, and turnover that is linked
with the penalties to deter A/B tested manipulations that is ensuring platforms prioritize ethical
design over exploitative nudges.
#Cognitive Vulnerabilities#Ccpa Guidelines For Prevention And Regulation Of Dark Patterns 2023#Eu Digital Services Act
0 citations0 downloads14 min readPDF Available
Policy·Volume 3·Issue 2
View
ANTI-DEFECTION LAWS IN INDIA: A CRITICAL ANALYSIS OF THE TENTH SCHEDULE
This paper critically examines the evolution, constitutional framework, and practical functioning of India's anti-defection law under the Tenth Schedule of the Constitution. It traces the historical circumstances leading to the enactment of the Constitution (Fifty-Second Amendment) Act, 1985, highlighting the political instability and rampant defections that undermined parliamentary democracy. The study analyzes the legal provisions governing disqualification, the role of the Speaker as the adjudicating authority, and the impact of the Ninety-First Amendment in strengthening the law. It further evaluates leading judicial decisions, including Kihoto Hollohan v. Zachillhu, Ravi S. Naik v. Union of India, Rajendra Singh Rana v. Swami Prasad Maurya, and Subhash Desai v. Principal Secretary, Governor of Maharashtra, to assess judicial interpretation of the anti-defection regime. The paper argues that while the legislation has succeeded in reducing opportunistic individual defections and promoting governmental stability, it has simultaneously curtailed legislative independence, strengthened party leadership at the expense of deliberative democracy, and enabled procedural manipulation through delays in disqualification proceedings. By examining recent political controversies and comparative constitutional perspectives, the study identifies structural weaknesses in the existing framework and proposes reforms, including independent adjudication of disqualification petitions, statutory timelines for decision-making, and limiting the operation of the party whip to confidence motions and other matters affecting government stability. The paper concludes that meaningful reform is essential to reconcile political stability with democratic accountability and the constitutional values of representative government.
This article examines the constitutional relationship between delimitation and the Women's Reservation Act, 2023, and their combined impact on democratic representation in India. It explains how delimitation, the process of redrawing electoral constituencies based on population changes, ensures the principle of equal representation, while the Women's Reservation Act seeks to reserve one-third of seats in the Lok Sabha and State Legislative Assemblies for women. The article highlights that the implementation of women's reservation is contingent upon the completion of the next delimitation exercise, creating legal, political, and administrative challenges. It further discusses concerns regarding delays in implementation, interstate political representation, rotation of reserved constituencies, and the debate between substantive representation and symbolic inclusion. The study concludes that although these reforms have the potential to transform India's democratic framework by promoting inclusiveness and gender equality, their success depends on timely implementation, political consensus, and adherence to constitutional principles.
The migration of corporate fraud into cloud-distributed, encrypted, and machine-generated forms
has outpaced the architecture of Indian evidence law. The Bharatiya Sakshya Adhiniyam 2023
(BSA) modernised the formal treatment of electronic records, granting them evidentiary parity and
channelling their admissibility through a structured regime of certification, hash-value disclosure,
and expert authentication. This paper argues that, although the BSA represents a genuine doctrinal
advance over the Indian Evidence Act 1872 and although the Supreme Court has now confirmed
the constitutional validity of its certification framework, the statute remains functionally underequipped for the distinctive evidentiary realities of digital corporate fraud — cloud and enterpriseresource-planning data outside any single custodian, end-to-end encrypted communications, crossborder storage beyond Indian process, and the emergent threat of AI-generated and deepfaked
artefacts. The deficiency is therefore not constitutional but operational and institutional. Adopting
a doctrinal method with a comparative dimension, the paper contends that India requires a targeted
recalibration of Section 63 for distributed-data contexts, a dedicated cloud-forensics certification
regime, and sustained judicial and prosecutorial capacity-building, without which the BSA's
digital-first promise will fail at precisely the high-stakes intersection where reliability matters
most.
This paper examines superheroine narratives through the lens of feminist jurisprudence, arguing that popular comics function as cultural and legal texts reflecting patriarchal structures. Drawing on feminist legal theories by Catharine MacKinnon, Kimberlé Crenshaw, Martha Fineman, and H.L.A. Hart's legal positivism, the study analyzes characters such as Wonder Woman, She-Hulk, Storm, Ms. Marvel, Black Widow, and Harley Quinn to demonstrate how female superheroes embody both empowerment and systemic gender constraints. It explores themes including the "Women in Fridges" trope, hypersexualization, intersectionality, reproductive autonomy, and legal paradoxes affecting women. The paper further connects fictional narratives with real-world legal doctrines and judicial practices, highlighting persistent inequalities in law and society. It concludes by advocating for a feminist reconstruction of jurisprudence that recognizes popular culture as a valuable site for legal critique and transformative justice
#Feminist Jurisprudence#Superheroines#Patriarchy
0 citations3 downloads14 min readPDF Available
Constitutional Law·Volume 3·Issue 2
View
CULTURAL RIGHTS OF INDIA IN THE ERA OF GLOBALISATION: BALANCING CULTURAL IDENTITY AND GLOBAL INTEGRATION
We live in a country where globalisation is at its peak, and the concept of cultural rights has become a
challenge and an opportunity. Globalisation has led to the influence of global culture, Western culture,
and, at times, local traditions, languages, and identities. At present, we face a significant challenge in
preserving our cultural diversity and safeguarding the rights of minority groups.
As we know, in the era of globalisation, the whole world has become one family. In this era, we are
sharing every social, economic, political, and technological aspect, and the media is doing this
continuously. The media has a very powerful role in this because it is one of the means of propagation
and dissemination of this news.
In our Indian Constitution, Fundamental Rights have been taken from the USA. Part III, from Articles
12 to 35, defines Fundamental Rights 1
.
The scale of this challenge is considerable and empirically documented. According to the People's
Linguistic Survey of India, the country has lost around two hundred and twenty languages within the
last fifty years, and close to two hundred more are currently classified as endangered, a rate of loss that
illustrates how quickly cultural pluralism can erode when it is not actively protected by deliberate
policy and legal safeguard.2
Our Constitution also functions on the principle of Cultural pluralism, recognising that culture
comprises the distinct languages, scripts, arts and traditions of its diverse population
The framework guarantees citizens the right to maintain and conserve their unique cultural heritage.
The fundamental provisions for recognising and protecting culture in the Indian Constitution exist in
Part III under Articles 25, 26, 27, 28, 29, 30, . Article 51A(f), by contrast, is not part of Part III but forms part of the Fundamental Duties under Part IVA of the Constitution, which casts a duty (not a
right) on every citizen to value and preserve the rich heritage of the composite culture.
The Year 1982 Mexico declaration on cultural policy by UNESCO 3
defines culture as the distinct
spiritual, material, intellectual and emotional features characterising a society. But in the era of
globalisation, balancing cultural identity and global integration is a challenging task.
The UNESCO Universal Declaration on Cultural Diversity, adopted by the General Conference of
UNESCO on 2 November 2001, is one of the international instruments that supports cultural diversity
in the context of globalisation.
Globalisation gives chances to connect with other people and learn about their own culture, but at the
same time, sometimes it creates problems as people forget their own traditions or maybe just disappear.
For example –
1. In earlier times, writing was a good source of communication among people but now it is seen
that smartphones have replaced that culture, the tradition is almost gone
2. Joint Family System – In earlier times, we have noticed that people used to live together but in
today’s world we can see that people are focusing on the nuclear family, which is connected to
modernisation and modernisation leads to globalisation.
The research paper talks about both the good and bad effect of globalization on cultural rights, it
explains how globalization can harm local cultures but at the same time it gives opportunities to rebuild yourself.
This research paper is an idea about both the good and bad effects of globalization on cultural rights.
it explains how globalization can harm local cultures but at the same time it also gives an opportunity
to be seen and appreciated around the world.
The research paper suggests that we need to find a way to balance the influence of global culture with
the need to protect and celebrate different culture.
This research talks about both the negative and positive aspect of globalisation. the main aim is to
bring all the countries together, respect them and follow the traditions and cultures peacefully.
#Cultural Rights#Globalisation#Cultural Identity
0 citations1 downloads16 min readPDF Available
Constitutional Law·Volume 3·Issue 2
View
CUSTODIAL TORTURE AND THE ABSENCE OF AN ANTI-TORTURE LAW: CRITICAL ANALYSIS OF INDIA'S OBLIGATIONS UNDER THE UNITED NATIONS CONVENTION AGAINST TORTURE (UNCAT)
This article critically examines custodial torture in India and the continuing absence of a comprehensive anti-torture law despite India's obligations under the United Nations Convention Against Torture (UNCAT). It argues that although India has signed UNCAT, its failure to ratify the Convention and enact dedicated anti-torture legislation has created a significant gap between constitutional guarantees and effective legal protection. The study analyses the international legal framework governing the prohibition of torture, emphasizing its status as a jus cogens norm and the implications of customary international law for India. It further evaluates India's constitutional safeguards under Articles 20, 21, and 22, landmark judicial decisions such as D.K. Basu v. State of West Bengal and Nilabati Behera v. State of Orissa, and the limitations of relying solely on judicial guidelines in the absence of statutory criminalization. The article also reviews the failure of legislative initiatives, including the Prevention of Torture Bill, 2010 and the Law Commission's 273rd Report (2017), highlighting persistent institutional barriers such as prosecution sanctions, inadequate investigations, and weak accountability mechanisms. It concludes that constitutional jurisprudence, while progressive, cannot substitute for a robust statutory framework. The article recommends the enactment of a comprehensive anti-torture law aligned with UNCAT standards, independent investigative mechanisms, removal of procedural barriers to prosecution, and stronger institutional oversight to ensure accountability, protect human dignity, and strengthen India's compliance with international human rights obligations.
#Custodial Torture#United Nations Convention Against Torture (uncat)#Article 21 Of The Constitution Of India
0 citations1 downloads14 min readPDF Available
Policy·Volume 3·Issue 2
View
LABOUR LAW REFORMS IN INDIA: AN ANALYSIS OF THE NEW LABOUR CODES
The enactment of the four Labour Codes between 2019 and 2020 represents one of the most significant reforms of India's labour law framework since independence. By consolidating twenty-nine Central labour legislations into the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020, the Government sought to simplify regulatory compliance, enhance ease of doing business, expand social security coverage, and modernise labour governance. This paper critically examines the legislative objectives, constitutional validity, and practical implications of these reforms. It evaluates the impact of the Labour Codes on employers, employees, and Micro, Small and Medium Enterprises (MSMEs), with particular emphasis on labour welfare, industrial relations, collective bargaining, workplace safety, and social security. The study further analyses the compatibility of the Codes with the Fundamental Rights and Directive Principles of State Policy under the Constitution of India and assesses whether the reforms appropriately balance economic efficiency with social justice. A comparative analysis with the labour law frameworks of the United Kingdom, the United States, and International Labour Organization (ILO) standards provides an international perspective on India's labour reforms. The paper concludes that while the Labour Codes have the potential to improve regulatory efficiency, digital governance, and investment attractiveness, concerns remain regarding implementation, restrictions on trade union rights, dilution of employment protections, delegated legislative powers, and the effectiveness of enforcement mechanisms. The success of the reforms will ultimately depend on balanced implementation, institutional capacity, and continued engagement among the Government, employers, and workers to achieve sustainable industrial growth alongside constitutional commitments to labour welfare.
Gender-based occupational segregation remains one of the most persistent barriers to
inclusive economic development in developing countries, particularly in Sub-Saharan Africa.
Although women's participation in education and the labour force has increased over recent
decades, they continue to be disproportionately concentrated in low-income, informal, and
less productive occupations. This study examines the relationship between occupational
gender segregation and economic development in Liberia while drawing comparative
insights from the broader Sub-Saharan African region. Using secondary data obtained from
the World Bank, International Labour Organization (ILO), Liberia Institute of Statistics and
Geo-Information Services (LISGIS), and other international databases covering the period
2000–2024, the study employs descriptive statistics, correlation analysis, and multiple
regression techniques to evaluate the determinants and economic consequences of
occupational segregation. Guided by Human Capital Theory, Gender Segregation Theory,
Structural Transformation Theory, and the Gender and Development (GAD) framework, the
analysis investigates the effects of occupational segregation on economic growth, labour
productivity, and wages. The findings indicate that occupational segregation remains deeply
embedded in Liberia's labour market and is associated with lower productivity and
constrained economic performance. Although several estimated relationships are statistically
weak, the direction of the coefficients supports existing theoretical and empirical evidence.
The study concludes that reducing occupational segregation requires integrated policies that
combine educational investment with labour market reforms, institutional strengthening,
gender-responsive employment policies, and improved access to productive resources. Such
reforms are essential for promoting inclusive economic growth and achieving the Sustainable
Development Goals.
#Gender Inequality#Occupational Segregation#Economic Development
0 citations14 downloads14 min readPDF Available
Criminal Law·Volume 3·Issue 2
View
ADMISSIBILITY OF BEOS EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023: A CRITICAL ANALYSIS
This paper critically examines the admissibility of Brain Electrical Oscillation Signature (BEOS) evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), against the backdrop of evolving forensic science and constitutional criminal procedure. It argues that while the BSA replaces the Indian Evidence Act, 1872, it substantially retains the colonial framework governing expert evidence, offering limited guidance on the admissibility of emerging neuroscientific techniques. Through an analysis of Section 39 of the BSA, judicial decisions on expert evidence, DNA profiling, electronic evidence, and the Supreme Court's ruling in Selvi v. State of Karnataka, the paper demonstrates that Indian courts have historically focused on expert qualifications, procedural authenticity, and constitutional safeguards rather than developing a structured reliability standard for novel scientific evidence. Using BEOS as a paradigm case, the study highlights concerns relating to scientific validity, reproducibility, peer review, known error rates, and constitutional fairness. It contends that courts should not admit BEOS evidence merely because it is presented through expert testimony or falls within the broad language of expert opinion provisions. Instead, the paper advocates a principled judicial gatekeeping framework based on scientific reliability and constitutional due process, drawing comparative insights from the Daubert and Frye standards. It concludes that a reliability-based approach is essential to ensure that only scientifically validated evidence influences criminal adjudication under the Bharatiya Sakshya Adhiniyam, 2023.
MORAL RIGHTS IN AI-GENERATED VOCAL PERFORMANCES: INTERPRETING SECTION 57 OF THE COPYRIGHT ACT, 1957 ALONGSIDE EMERGING PERSONALITY RIGHTS IN THE WAKE OF ARIJIT SINGH V. CODIBLE VENTURES LLP
Current developments in generative artificial intelligence and voice cloning pose a risk to the
livelihood of vocal artists and leave huge gaps in current IP law. This paper explores the interim
order of Arijit Singh v Codible Ventures LLP (2024) and the lack of adequate structures in
India's copyright regime. The Bombay High Court limited the unauthorised algorithmic copies
but faced difficulty in not referring to the copyright text but rather common-law personality
rights and the right to privacy under Article 21. This detour shows that there is a very important
“double lacuna”. The first is that moral rights, as defined by the Copyright Act 1957, are
apparently linked to "works that exist prior to the creation of the copyrighted work. The result
is a large divide in the realm of synthetic copyright. The second is that Sections 38A and 38B
will have the effect of limiting the rights of performers to fixed or live performances. That
means that non-celebrity performers are not protected. This paper will also analyse a number
of global legal systems, including the UK, the EU and the USA, to see how potential solutions
can be identified, and the author's suggestion of a universal non-waivable right of publicity that
would ensure a high standard of ‘fair dealing’, in order to safeguard the dignity of artists and
consumers
### Abstract
The doctrine of constitutional morality has emerged as one of the most influential yet contested principles in contemporary Indian constitutional jurisprudence. Although introduced by George Grote as a concept emphasizing respect for constitutional institutions and later adapted by Dr. B.R. Ambedkar during the framing of the Indian Constitution, it remained largely absent from judicial discourse for several decades. Its revival in landmark Supreme Court decisions such as *Navtej Singh Johar v. Union of India* and *Indian Young Lawyers Association v. State of Kerala (Sabarimala)* transformed constitutional morality from a procedural constitutional ethic into a substantive judicial doctrine grounded in liberty, equality, dignity, and fraternity.
This paper examines the historical evolution, doctrinal development, and contemporary application of constitutional morality in Indian constitutional law. It traces the concept from Grote's procedural understanding to Ambedkar's vision of democratic constitutional culture and critically evaluates its reinterpretation by the Supreme Court. Through a detailed analysis of the *Navtej Johar* and *Sabarimala* judgments, the paper highlights the doctrine's strengths in protecting fundamental rights and minority interests while identifying significant concerns relating to judicial subjectivity, doctrinal indeterminacy, institutional competence, and democratic legitimacy.
The study further adopts a comparative constitutional approach by examining jurisprudence from South Africa, Canada, the United Kingdom, and the United States to identify mechanisms that balance constitutional values with judicial restraint. It argues that constitutional morality should function as a structured interpretative principle rather than an unrestricted source of judicial discretion. Accordingly, the paper proposes a disciplined framework incorporating proportionality analysis, stronger textual anchoring, and institutional safeguards to enhance the doctrine's legitimacy and consistency. It concludes that constitutional morality remains an indispensable constitutional ideal for advancing transformative constitutionalism, but its continued legitimacy depends upon principled application, doctrinal clarity, and appropriate judicial restraint.
The Supreme Court of India’s landmark judgment in Navtej Singh Johar v. Union of India
(2018) has decriminalised consensual homosexual sex under Section 377 of the Indian Penal
Code, 1860 and, in the process, defined one of the most important doctrinal divisions in Indian
constitutional law jurisprudence – namely, the tension between constitutional morality and
social morality. In this essay, an analysis is undertaken of the two competing normative theories
chronologically and critically. First, the historical background which includes the colonial and
post-colonial era which has led to the establishment of the legally conservative framework is
explored, followed by an analysis of how social morality developed as a judicially
acknowledged standard and its flaws as an oppressive mechanism for the majoritarian majority.
Finally, an analysis of constitutional morality is undertaken through the judgment delivered in
Navtej Singh Johar along with other precedent decisions and the Court’s reasoning.
Subsequently, the argument seeks to highlight the need for legal change by analyzing how
practices accepted in Indian society in the past have to give way to changing notions of dignity,
equality, and individual liberty. Finally, the paper points out some problems that might be
created by legalisation and provides a synthesis of the entire discussion. The paper is based on
Indian Constitution and other sources of law and jurisprudence.
#Constitutional Morality#Social Morality#Navtej Singh Johar V. Union Of India
0 citations7 downloads14 min readPDF Available
Constitutional Law·Volume 3·Issue 2
View
Fake News and Democracy in India: Constitutional Limits, AI Misuse, and the Politics Of Regulation
Recently, however, the question of fake news has acquired relevance and recognition as one of
the most important problems facing democratic societies around the world. From an Indian
perspective, the problem has been accentuated by the use of technological advancements in
communication. As a result of changes in the way that information is produced, distributed,
and consumed, there has been a drastic change in the nature of discourses.
As a result of the advent of social media and artificial intelligence, the creation of fake
information as well as credible information has become increasingly possible. In this sense,
there has been the question of the viability of democracy as a system. The reason for this is that
not only have fake news had a bearing on the perspectives held by individuals, but have also
influenced how they think and vote. Furthermore, it has also affected how they interact with
each other in the varied country of India.
Under these circumstances, the current paper will try to analyze the effect of disinformation on
the democratic system in India from the viewpoint of law and constitution. The way the impact
of disinformation influences the formation of people’s views, elections, and social integration
process has been analyzed in the paper. Moreover, factors causing people to be prone to
disinformation have been analyzed psychologically in the paper. Finally, the tendency towards
growing popularity of the use of artificial intelligence technology for disinformation creation
by the author of the paper will be considered in the paper.
#Fake News#Democracy#Artificial Intelligence (ai)
0 citations1 downloads14 min readPDF Available
Human Rights·Volume 3·Issue 2
View
Breaking the Vulnerability to Prosperity: a Comparative Study of Poverty Reduction Initiatives and Economic Empowerment In India
This paper provides a concise overview of the legal framework governing in the area of
poverty margin in India, exploring the evolution, key principles, challenges, and recent
developments in this dynamic view of society. The paper deals with the socio economic to
the forefront, highlighting the need of robust protection mechanisms and policies. And also
offers a comparative analysis on the rights and duties of the government needed to take
measures in certain circumstances. In India, the legal framework for economic optimization
and scope of economic leverage has evolved through statutory provisions, judicial decisions,
and policies considerations. This research investigates with the effectiveness over the policies
decision in the sustainable developments and social inferiors with the studies regarding the
local policies and gap and loops existing in the legal framework. It also examines the impact
of policy initiatives and guidelines issued by the government on the examination over the
rational of poverty optimization in society. This paper analysis the systematic barrier in the
policies and provide the valid complementation over the comprehensive strategies and
addressing the root causes of vulnerability. This paper addresses the issues which is
multifaceted approach that focuses on early childhood education, economic empowerment,
access to healthcare, and social safety nets. The vulnerable communities often face a complex
web of challenges, including inter-generational poverty, health disparities, and the
intersection of identities that exacerbate social exclusion in the present society. The research
concludes with an analysis of recent legislative developments and emerging trends and social
adaption and sustainable development in India. Furthermore, it emphasizes the necessity of
flexibility, rapid changes in the legal perspective in the policy decision-making in the
abolition of poverty margin in the society and to create a more equitable society where all
individuals have the opportunity to thrive to achieve the modern status. In summary, this research provides a valuable resource for researchers, legal practitioners, and policymakers
seeking to understand the nature of the policies and the alternative plans over the scopes in
the economic development and policies in the foetus of poverty.
#Rational Of Poverty#Vulnerable Communities#Inter-generational
0 citations3 downloads15 min readPDF Available
Criminal Law·Volume 3·Issue 2
View
Fiat Justitia Ruat Caelum: Defence of Innocence and Reform Imperatives
Children are a gift of God and their innocence is unmatched with respect to adults. With the
increasing cases of child labour, it reveals such a deteriorating condition of this world. This
research paper hunts through how the child labour drastically effects the juveniles and what
measures have to be taken to curtail them. Children engaged in a hazardous labour will be
more inclined to criminal activities. Addressing child labour is, therefore, a preventive measure
against juvenile deliquency. In this research we focus more on the cases of mistreatment done
to the juveniles by police officials and the need to implement corrective actions by the
government in this matter. Analysing the global and regional statistics of child labour among
the juveniles to get a clear picture of this issue on an international scale. Examining the socioeconomic factors like lack of education, poverty, other criminal factors that would have a
negative influence on the child. Accentuating the specific risks associated with children
indulged in such a perilous occupation. Based on various constitutional provisions, statutes,
international laws, Juvenile justice laws, we will be able to examine how effectively these laws
can be implemented by the government to put end to this problem permanently. A case study is
done to analyse child labour among the juveniles and how it effects those juveniles mentally
and physically. This paper concludes with the measures that has to be taken to completely
eradicate child labour among the juveniles and also the rehabilitation and reformation of them
through counselling, treatment, community service etc.
#Child Labour#Juvenile Justice#Mistreatment
0 citations3 downloads14 min readPDF Available
Criminal Law·Volume 3·Issue 2
View
The Role of Forensic Science in Criminal Investigation in India
A Complex knot of lawlessness and fear, including violent crimes, cybercrime, terrorism, and
financial fraud has increased the importance of forensic science within the criminal justice system.
In this context, the paper investigates the impact forensic technologies are having in the
contemporary era of criminal investigations which include the use of DNA profiling, digital
forensics, toxicology, ballistics, and fingerprinting. It documents the development of forensic
science in India, evaluates important legislative documents, and examines the landmark changes
made by BNSS (Bhartiya Nagarik Suraksha Sanhita) and BSA (Bhartiya Sakshya Adhiniyam) in
2023.
In India, the forensic ecosystem is still evolving, facing challenges like insufficient infrastructure,
a lack of qualified personnel, and large backlogs of cases. The research brings forward the global
best practices from the USA, UK, Germany, and Japan, points out the use of platforms like
machine learning, standardized practices, and emergence in the centralized national database.
At last, the paper suggests actionable steps to improve India's forensic framework with an
emphasis on creating educational and ethical privacy-centric boundaries regarding genetic
information, quality control, and instruction. Improvements in forensic capabilities not only aid in
the prompt and precise delivery of justice, but also in rejuvenating and solidifying the public's
reliability in the legal system
Environmental degradation has emerged as one of the most pressing challenges facing contemporary
societies. In India, rapid industrialization, urbanization, and developmental activities have intensified
environmental concerns such as pollution, deforestation, biodiversity loss, and climate-related risks.
These challenges often disproportionately affect vulnerable communities, raising concerns of
environmental justice. To address complex environmental disputes effectively, Parliament enacted
the National Green Tribunal Act, 2010, establishing the National Green Tribunal (NGT) as a
specialized adjudicatory body. The Tribunal was designed to provide expeditious environmental
justice by combining judicial expertise with scientific and technical knowledge. Since its
establishment, the NGT has played a significant role in developing environmental jurisprudence
through the application of principles such as sustainable development, the precautionary principle,
and the polluter pays principle. This article examines the role of the NGT in advancing environmental
justice in India, evaluates its achievements and limitations, and assesses its effectiveness as a
specialized environmental adjudicatory institution.
#National Green Tribunal (ngt)#Environmental Justice#Environmental Governance
0 citations1 downloads14 min readPDF Available
Constitutional Law·Volume 3·Issue 2
View
Neurorights and the Indian Constitution: Is Article 21 Enough to Protect The Mind?
This paper examines whether Article 21 of the Indian Constitution provides sufficient protection against the emerging challenges posed by neurotechnology and the collection of neural data. Advances in brain-computer interfaces, EEG devices, and consumer neurotechnology have enabled the extraction, storage, and commercialization of information derived directly from brain activity, raising unprecedented concerns regarding privacy, autonomy, and mental integrity. While the Supreme Court's decisions in Justice K.S. Puttaswamy v. Union of India and Selvi v. State of Karnataka have expanded constitutional protections for privacy, bodily integrity, and protection against self-incrimination, these doctrines were developed before the widespread adoption of neurotechnology and do not specifically address neural data governance. The paper argues that the Digital Personal Data Protection Act, 2023, fails to recognize neural data as a distinct category of sensitive information, creating a significant regulatory gap. By analyzing international developments, including Chile's constitutional recognition of neurorights and emerging protections in North America and Europe, the paper highlights the growing global consensus on safeguarding mental privacy and cognitive liberty. It concludes that although Article 21 provides an important constitutional foundation, effective protection of the human mind requires dedicated neurorights legislation that specifically regulates the collection, use, retention, and transfer of neural data in India.
#Neurorights#Article 21#Neural Data Privacy
0 citations10 downloads14 min readPDF Available
Labour Law·Volume 3·Issue 2
View
Labour Law Reforms 2025: a Critical Study of the Impact of Labour Reforms on Various Sectors and Challenges Faced By Them
Labourers are rightfully considered to be the backbone of the economy of a country. Their skills, experience, knowledge, etc is what gives a cumulative upper hand to a country that plays a vital role in the overall development of a country. Labour rights are hard earned rights that
0 citations5 downloads13 min readPDF Available
Criminal Law·Volume 3·Issue 2
View
Comprehensive Analysis: the Role of Artificial Intelligence in Digital Evidence and Criminal Investigation
Globally, the integration of Artificial Intelligence (AI) is fundamentally transforming the paradigms of criminal justice, forensic science, and the management of electronic proof. Law enforcement agencies, intelligence organizations, and judicial bodies are increasingly incorporating sophisticated algorithmic systems to address the geometric expansion of electronic data generated by modern society. Technologies such as deep-learning-based facial recognition, automated text processing via Natural Language Processing (NLP), predictive policing algorithms, machine learning behavioral models, and automated digital forensics tools are rapidly transitioning from conceptual experiments into core operational infrastructure. These innovations offer unprecedented advancements in processing velocities, pattern-matching accuracy, and proactive crime prevention strategies. However, this algorithmic revolution is not without critical points of friction. The pervasive deployment of autonomous and semi-autonomous systems within the criminal justice apparatus introduces severe systemic risks. These encompass profound constitutional and ethical challenges, including the erosion of individual privacy rights, the weaponization of mass state surveillance, the persistence of socio-economic and racial biases within algorithmic training datasets, an absolute lack of transparency in "black-box" decision-making architectures, and the subsequent threat to due process and fundamental human rights. This comprehensive analysis deconstructs the structural, operational, statutory, and ethical dimensions of AI's burgeoning role in digital evidence management and criminal investigations, evaluating both its disruptive potential and the urgent necessity for robust human-centric regulatory frameworks.
0 citations9 downloads14 min readPDF Available
Criminal Law·Volume 3·Issue 2
View
Ethnic Cleansing of Palestinians - Role of International Humanitarian Law in Protecting Civilians.
Today’s human rights violations are the causes of tomorrow’s conflicts, as rightly said by Mary Robinson. International humanitarian laws are praised more than ever and violated as much as ever. Ethnic cleansing and genocides, a systematic approach to remove religious groups are no doubt, the most common and severe of the crimes against human beings under the International Humanitarian Law and its failure to safeguard the victims is dreadful which in turn has led to this increased number of genocides we are encountering even in the modern era. The beginning of the Israeli-Palestinian conflict dates back to the 19th and early 20th century when Zionism was established as a political ideology and continues to have its existence to this very day. This
The inexorable assimilation of artificial intelligence into clinical praxis precipitates profound medico-legal conundrums, wherein algorithmic opacity obfuscates conventional negligence attribution while amplifying liability exposure across clinicians, institutions, and developers. This inquiry delineates hybrid liability paradigms stratifying culpability through three-tier frameworks calibrated to verification lapses, deployment deficiencies, and design pathologies, juxtaposed against enterprise pooling alternatives that internalize systemic risks via mutualized indemnity mechanisms. Central thereto remains preservation of human judgment supremacy, anchoring accountability through contextual reasoning, empathetic discernment, and outlier vigilance irreducible to computational mimicry, buttressed by mandatory AI disclosures and verification imperatives. Comparative jurisdictional scrutiny reveals divergent trajectories from stringent product liability constructs to risk-tiered regulatory scaffolds, culminating in prescriptive reforms encompassing validation registries and dual-signature protocols that harmonize innovation imperatives with patient safeguards.
Artificial Intelligence in the contemporary world has emerged as a global phenomenon that is actively influencing and shaping the younger generation. Its necessity has been observed and felt by the people in many significant ways and in several fields, that being governance,