With a discernible increase in instances involving juveniles during the previous ten years, juvenile delinquency is becoming a growing concern in India. A number of intricately interacting socioeconomic issues, including as poverty, illiteracy, and the dissolution of conventional family
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
The growing complexity of commercial disputes in India has led to a significant shift from traditional litigation in courts to Alternative Dispute Resolution (ADR) methods, with mediation emerging as a favoured option. Mediation is particularly effective for addressing business-related disputes because of its flexible, confidential, and time-saving characteristics. Specifically, international commercial mediation offers a valuable alternative to traditional arbitration, presenting distinct advantages. This paper seeks to analyse the key features of international mediation in commercial contexts and its practical significance across various scenarios, emphasising its contribution to supporting judicial systems. As the global economy becomes increasingly interconnected, cross-border arbitration and mediation have become essential for resolving international business disputes. These approaches provide a more efficient and less rigid substitute for court processes, which often encounter jurisdictional and procedural hurdles. In contrast to arbitration, which leads to binding resolutions via arbitral awards, mediation focuses on reaching a consensus facilitated by a neutral mediator, enabling the parties to preserve their professional relationships. These procedures are overseen by respected international organisations, ensuring their legitimacy and acceptance across diverse legal frameworks. Consequently, mediation has become vital for resolving global commercial disputes, offering a cooperative and cost-effective alternative to litigation. This paper investigates mediation practice in India and internationally, providing comparative insights. In India, the legal basis for mediation is outlined in the Arbitration and Conciliation Act, 1996, and further strengthened by the Commercial Courts Act, 2015, which requires pre-litigation mediation in commercial cases. These legislative measures reflect India’s commitment to institutionalising mediation by global standards like the UNCITRAL Model Law and the Singapore Convention on Mediation. Globally, entities such as the International Chamber of Commerce (ICC) and the World Intellectual Property Organisation (WIPO) are instrumental in 1 Department of Law, Calcutta University, India 2 Symbiosis Law School, Nagpur Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 standardising mediation procedures, improving access through physical infrastructure and digital resources. Notable cases further illustrate the success of mediation in resolving intricate disputes. Moreover, cultural and societal factors influence mediation results nationally and internationally. Through this analysis, the paper underscores the increasing importance of mediation in effectively resolving commercial disputes and fostering a more integrated global business environment. Also, the paper investigates the transforming function of mediation and Online Dispute Resolution (ODR) as credible substitutes for convent
Though agrochemical pollution is world wide problem. But specially developing nations are suffered a lot for agrochemical pollution. Though India is a growing economy but India is also considered as developing nation in front of international community. In India people are also suffered due agrochemical pollution. Excessive use of agrochemical beyond the fixed standard prescribed by concern laws has an adverse impact on environment and side by side on public health. Only registered and approved agrochemical can be used. Due to unawareness and lack of knowledge farmers sometimes used unapproved agrochemical or if uses approved agrochemical but few of them are applying beyond fixed standard. Excessive use of agrochemicals and use of unapproved agrochemicals causes reduction of soil quality, contamination of water, health issues of public including farmer. Though there are some laws to control agrochemical pollution ad. These laws are not properly implemented. TO stop the pollution there is need of more specific laws with strict implementation. Farmer should be properly trained and basic awareness should be spread among public regarding adverse impact of agrochemical pollution.
Author: M.Mohanapriya, II Year LLM Student at Chennai Dr.Ambedkar Government Law Co-Author: K.Balaji, II Year Master of Public Policy student at Indian Institute of The 2030 agenda for Sustainable Development which was adopted by the United Nations
#Renewable Energy#Science And Technology#Wind Plants
The Right to Work has become even more important in the twenty-first century as a result of post-pandemic unemployment, the gig economy, and technological advancements. The Right to Work is a fundamental socioeconomic right that ensures a dignified livelihood and is rooted in the Directive Principles of State Policy as stated in Articles 38, 39, 41, and 43 of the Indian Constitution. The legal meaning of the Right to Work in India has changed over time, and this paper critically analyses how it is currently operationalized through skill development initiatives including the Pradhan Mantri Kaushal Vikas Yojana (PMKVY), the National Education Policy (NEP) 2020, and the Skill India Mission. The paper assesses how India's policy architecture aims to make employability a moral and legal right by drawing on international labor norms and constitutional law. The paper contends that although there has been a lot of progress, the Right to Work cannot fulfill its constitutional potential because it lacks institutional accountability and statutory enforceability. In order to create a rights-based and inclusive employment framework appropriate for India's digital and knowledge economy, it ends by suggesting legislative changes.
#Constitutional Rights#Digital Economy#Employment Law
The rapid expansion of the Metaverse—a vast, interconnected system of AI and blockchain technological innovations and 3D virtual spaces with real-time human interactions—has started to change human relations, work, and human creativity. However, India’s patent legislation has primarily focused on mechanical and tangible inventions, which ignores the pressing need to conceptualize legislation for virtual and AI inventions. This article considers innovations in the Metaverse in the context of India’s patent system, particularly how the phrase “computer programs per se” in the Section 3(k) of the Patents Act, 1970, and the global discourse on AI-driven inventorship intersects. This article refers to the notable Indian case Ferid Allani v. Union of India and the recent software patenting cases, the article analyzes how courts have begun to change the interpretation of “technical effect.” This article also argues for the need of Indian legislation to adapt for AI-guided inventions and the need to retain human agency. This paper proposes several pragmatic policy initiatives to for India, including the clarification of Section 3(k), the formation of patent examination AI and Metaverse focused examination cell, and fostering collaboration between courts and patent examiners to strengthen India’s patent policy in the digital age.
John Rawls, an US philosopher well known for his contributions to liberal thought, revitalized the study of political ideologies in the contemporary era with the concept of justice. In his masterpiece, A Mode of fairness, he proposed that a just society is distinguished by a specific set of characteristics. Justice is seen as the fundamental value of a well-ordered community. Although Rawls' theory is a cornerstone of political science, it has been criticized from many viewpoints. This paper will study the notion of justice and provide a critical review of it. Additional study reveals that many objections to Rawls' theory stem from misinterpretations of his ideas. Rawls attempted an effort to weave multiple moral theories into his justice postulate. A few elements of these ethical frameworks are frequently perceived as contrasting with one another. Libertinism, equality, and the concepts of community are all incorporated within Rawls' concept of justice. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
This paper will explore how modern families nowadays impacts inheritance laws in India and by the meaning of ‘modern family’ we mean stepfamilies, cohabitating partners and same sex couples, these modern families are wholly impacting the lives of modern families and also plays a crucial role in their reshaping new or changed laws in India as they are also reshaping the new old norms and that’s why we are experiences gaps in between. In the older times inheritance laws were made around nuclear or joint family setup where there were always married spouses and biological children but families are diverse where there are stepfamilies without and inheritance in case of intestacy and on the other hand we nowadays we have live- in couples also called cohabitating partners which share lives and assets like married couples may have less legal recognition in inheritance matters if one partner dies without the will especially in places and jurisdictions that don’t recognize common law relationships. On the other side we have same sex couples as well and we will also cover their matters in this paper we have a detailed elucidation of how these new modern families are impacted in different ways. We will talk about how inheritance laws work in different jurisdictions where same sex couples lack recognition and how many challenges they face to have their rights of inheritance from their deceased partner, through this paper we will also look into the legal gaps we have in between and we will also see how we can acknowledge diverse family forms and would also ensure fair treatment of such modern families so that we need new legal reforms for that and how we can do that we will learn about that through this paper. This paper will also focus on how current laws are unable to meet the requirements of realties of modern structure and how many other foreign jurisdictions are dealing with this situation and they have made changes in the inheritance laws.
#Inheritance Law#Live-in Relations#Same Sex Couples
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
Geographical Indications (GI) are a specific type of certification that may be given to goods that have traits and a reputation that are solely derived from their area of origin. India is a nation where the majority of individuals are deeply connected with culture and tradition. GIs serve an essential part in conserving traditional knowledge, protecting the rights of creators, providing legal protections, and combating violations of such rights. Local communities in India are the primary recipients and major participants in the production and distribution of GI-tagged items to consumers. Likewise, sustaining GI could stimulate exports, tourism, and demand for legit goods and services. In keeping with the TRIPS Agreement1, India has already developed strong legislation for the registration, conservation, and advancement of GIs. In order attain such goals, the Indian government additionally created an array of programs. The primary objectives are to foster national prosperity and safeguard the significance and necessity of upholding culture. The focus of this paper is to look at what extent India has advanced in recognizing the value of conserving geographical indications of goods as one critical form of intellectual property rights (IPR). The author has made an attempt to assess the successes and explore possible spots for improvement.
The rapid expansion of industrial and corporate activity has intensified the pressure on natural ecosystems, raising urgent questions about the legal accountability of corporations for environmental degradation. The ‘Polluter Pays’ Principle (PPP) serves as a cornerstone of environmental jurisprudence, mandating that those responsible for pollution must bear the cost of prevention, control, and remediation. This paper explores the evolving dimensions of corporate accountability for environmental harm through the lens of the PPP. It examines statutory frameworks, judicial interpretations, and policy developments in India that have sought to operationalize this doctrine. The study further situates India’s approach within a comparative context, analysing global best practices that strengthen corporate environmental responsibility. It argues that reaffirming the PPP through enhanced corporate due diligence, ESG-based compliance, and judicial enforcement is vital for realizing the constitutional promise of environmental protection and sustainable development.
#Environmental Law#Corporate Accountability#Polluter Pays Principle
Because it fosters political stability, economic prosperity, and faith in the intrinsic dignity and worth of the common man, social security in every civilization serves the interests of all other countries. Prior to India's independence in 1947, residents were already eligible for a variety of benefits. Social Security is based on the principles of modesty and fairness. Said another way, the idea behind social security is that a person who has benefited from or is expected to contribute to his country's prosperity should be safeguarded against certain perils. Investigating how the idea of social security has developed through time is the focus of this study. This article looks at the incorporation of social security provisions into legislation, notably labor law, by analysing judicial declarations made by different Indian courts and the changes that have followed from them.
In today’s globalized economy, Intellectual Property Rights (IPR) have become a central pillar of corporate strategy, innovation, and competitiveness. This paper examines the evolution, purpose, and significance of IPR, focusing primarily on patents and their influence within the corporate sector. It explores the historical progression of patent law, tracing its development from the early legal frameworks to the establishment of India’s Patent Act, 1970, and subsequent amendments aligning with international obligations under the TRIPS Agreement. The paper further elaborates on the procedural steps involved in obtaining a patent, emphasizing its role in safeguarding innovation, stimulating research, and supporting industrial development. Through detailed analysis, it highlights how patents have transitioned from mere legal protections to strategic business assets that drive revenue generation, strengthen corporate valuation, and foster collaboration and technological advancement. Moreover, the discussion underscores the impact of patents on economic growth, particularly in developing nations like India, where the balance between innovation and public interest remains crucial. Case studies such as Apple Inc. v. Samsung Electronics Co. demonstrate how patents function as both defensive and competitive tools in global markets. Overall, this study concludes that the effective management of patents not only secures intellectual assets but also enhances the economic and technological landscape, making them indispensable for modern corporate sustainability and progress. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
I. Introduction, Questions Predicament:, Joanna Belsess·Nov 16, 2025·10.5281/zenodo.17620716·9 pages
Cyberspace has become a vital arena of conflict, representing a significant challenge to existing international law. State-supported cyber activities—spanning from disruptive actions such as NotPetya to damaging acts like Stuxnet—can cause societal damage similar to that of
The prison system, as an integral part of the criminal justice mechanism, has evolved from institutions of punishment to centers of reform and rehabilitation. This transformation reflects a broader change in penal philosophy from retributive to reformative justice. This paper provides a comprehensive analysis of the development of major prison systems— Penitentiary, Pennsylvania, and Auburn—and examines their historical influence on correctional ideologies worldwide. The evolution of the Indian prison system is analyzed through colonial legacies, post-independence reforms, and contemporary correctional frameworks. It discusses institutional treatment, classification of prisoners, prison types, and living conditions. The paper also explores correctional programmes such as education, vocational training, and participatory governance through prison panchayats. It examines community-based alternatives like probation, parole, and aftercare services under the Probation of Offenders Act, 1958. Finally, the study evaluates current challenges in correctional administration—overcrowding, custodial violence, mental health neglect, and infrastructural deficits—and offers suggestions for a more humane, rehabilitative, and effective correctional system aligned with international human rights standards.
This paper addresses the growing problem of media oligopolies in the Indian media landscape, which leads to the concentration of media ownership in India. It outlines the challenges posed by horizontal integration by corporations, leading to corporate control over the Indian media. The paper will also evaluate the current legal framework in India, the functioning of regulatory bodies, and the system's overall effectiveness, and use an analytical method of research to identify its shortcomings. The concentration of media and its ownership leads to a lack of media pluralism, which is essential for any working democracy. The media is often referred to as the fourth pillar of a democracy, but this term seems to be a far- reaching one without media pluralism allowed in an effective manner. This lack of media pluralism can be highlighted by looking at multiple examples of how horizontal integration affects it. There have been certain legal changes over time, but these have not addressed the risks of uncontrolled horizontal integration in the media world. Through the critical analysis, this research aims to understand how this scenario can be addressed with a progressive outlook that supports and fuels a more competitive environment. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
This paper is a critical evaluation of the present legal provisions relating to marital rape in India. India remains on of the countries which does not criminalize marital rape reflecting the lack of progressiveness. Marital Rape can be defined as the act of nonconsensual sexual intercourse or other acts of sexual nature by an intimate partner. Under Exception 2 of Section 63 of The Bharatiya Nyaya Sanhitha,2023 it is stated that “Sexual Intercourse or Sexual Acts by a man with his own wife, the wife not being under 18 years of age is not rape.” Thus, decriminalizing the act of marital rape further leading to denial of justice to victims of the aforementioned offence. Under BNS,2023 “rape” is defined as sexual violence in all forms which involves nonconsensual intercourse with another woman. India still lags behind global standards that acknowledges marital rape as a punishable offense subject to criminal sanctions. The reasons behind decriminalization of marital rape can be found in several Parliamentary Debates and Judicial rulings. The reasons ranges from protecting the institution of marriage arguing that criminalizing marital rape could interfere excessively with the marital relationship, to the already existing alternative remedies in law. The marital rape exemption under BNS, 2023 violates Article 14 of the Constitution of India which guarantees the right to equality before the law and equal protection of the laws. Numerous international jurisdictions have removed spousal exemptions and criminalize marital rape explicitly. This paper will discuss the significance of criminalizing the act of marital rape in India emphasizing that the current legal framework fails to protect women’s rights and violates gender equality and bodily autonomy.
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 .
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.
"In a world where ideas travel faster than goods, what truly makes a startup valuable, the factory it runs, or the formula it protects?" In today’s hyper-digital, innovation-led economy, tangible assets are no longer the sole markers of business worth. Intellectual property (IP), once relegated to legal departments, is now stepping into boardrooms as a powerful lever for valuation, funding, and competitive advantage. This paper dives into the heart of India’s startup boom, unravelling how patents, trademarks, algorithms, and creative assets are quietly becoming the real engines behind billion-dollar valuations. Through compelling case studies, from Ola Electric’s patent-packed transformation to Paytm’s monetised IP ecosystem and Zepto’s brand-driven scale, we decode how Indian startups are not just building products but protecting and pricing the very ideas that fuel them. We further explore key valuation methods like Discounted Cash Flow (DCF), real options theory, and the cost- market-income triad, illuminating how abstract innovation is being translated into concrete investor confidence. We also examine the rising phenomenon of reverse flipping, where startups are returning home from global jurisdictions, signalling India’s growing maturity in IP protection, regulatory support, and startup-friendly policies. At its core, this research argues that in an age of rapid replication and short-lived advantages, the true moat lies in owning the intangible. Because when everything can be copied, what’s original becomes priceless.
Abstract: This research paper provides an in-depth comparative analysis of the legal systems of Japan and India, exploring both their similarities and differences. Despite their distinct cultural, historical, and social contexts, both countries have developed robust legal frameworks that reflect
With Indian courts facing a massive backlog of cases and growing pressure to clear pending litigations, alternative methods for resolving disputes have gained increasing importance. Court- annexed mediation has emerged as a powerful tool in this regard, especially for civil and family- related matters. It allows parties to settle their issues outside the traditional courtroom setting, saving both time and money while encouraging peaceful resolution. Initiatives like the establishment of mediation centers in district courts and the proactive role of the Mediation and Conciliation Project Committee (MCPC), under the Supreme Court’s guidance, have played a significant role in promoting this mechanism. These developments mark a shift toward a more efficient and citizen-friendly legal system. Despite this progress, the impact of court-annexed mediation varies between regions due to differing social and cultural contexts. Urban populations tend to show greater trust and participation in the process, likely due to higher legal literacy, access to trained professionals, and a more individual-focused approach. On the other hand, in rural settings, traditional community-led solutions such as village panchayats still dominate. Limited access to formal mediation centers, lack of awareness, and social pressures often hinder the effectiveness of court-annexed mediation in these areas. As the legal system modernizes, new technologies—particularly Artificial Intelligence—are being considered to enhance the mediation process. AI tools could help in sorting suitable cases for mediation, selecting appropriate mediators based on past trends, and even facilitating digital mediation platforms. 1 However, integrating such technology presents its own set of difficulties, including ethical concerns, limited digital 1 Out of Court Settlement, Ezy Legal, https://www.ezylegal.in/blogs/what-is-the-procedure-for-out-of-court- settlement , Last Visited on 1st April, 2025. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 infrastructure, and the risk of biased algorithms.2 In view of these developments, the questions that emerge are: To what extent has court-annexed mediation contributed to reducing judicial pendency in civil and family disputes across Indian district courts? What role do cultural and community dynamics play in the success of court-annexed mediation in rural vs. urban areas? In the modern era of AI, can artificial intelligence tools be integrated into court-annexed mediation systems to improve case filtering and mediator selection? What are possible challenges to the process of mediation?
#Court-annexed#Mediation#Pendency
0 citations1,023 downloads15 min readPDF Available
The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), is a significant preventive detention legislation in India, aimed at curbing economic offenses like smuggling and foreign exchange violations. Though introduced with legitimate economic objectives, COFEPOSA has often faced criticism for compromising civil liberties and procedural fairness. It also undertakes a comparative analysis with international practices and suggests reforms to align national interest with human rights obligations. This article examines the legal architecture, implementation challenges, and judicial scrutiny of the Act, analyzes the legislative framework, judicial scrutiny, implementation challenges, and constitutional implications of COFEPOSA with a focus on its compatibility with constitutional safeguards and fundamental rights. The article also provides a comparative perspective and suggests reforms for aligning national security objectives with civil liberties.
The intensification of globalization has profoundly transformed the landscape of international investment. Among its most visible consequences is the proliferation of Foreign Direct Investment (FDI) as a vehicle for cross-border capital flow and economic development. However, FDI’s impacts—both constructive and disruptive—have raised complex legal, ethical, and social questions. This paper explores the intricate relationship between globalization, FDI, and the legal frameworks governing Corporate Social Responsibility (CSR) and labor rights in global supply chains. It critically examines how transnational corporations (TNCs) navigate, exploit, or sometimes evade regulatory environments, particularly in developing economies where institutional safeguards are often weaker. The first part of this paper investigates the dual-edged impact of FDI: while contributing to economic growth, technology transfer, and employment, it can also exacerbate inequality, weaken labor protections, and generate regulatory arbitrage. The second section evaluates evolving CSR obligations, transitioning from voluntary ethical standards to enforceable legal norms in international law, focusing on instruments such as the UN Guiding Principles on Business and Human Rights. The third section addresses labor rights violations in global supply chains, including modern slavery and child labor, and assesses the efficacy of due diligence legislation such as the EU’s Corporate Sustainability Due Diligence Directive and national acts like Germany’s Lieferkettengesetz. Through comparative legal analysis and case studies, the paper underscores the urgent need for harmonized international standards and robust enforcement mechanisms to ensure that investment flows do not compromise human dignity or legal accountability. It argues for a reconceptualization of investor obligations, integrating human rights and environmental concerns into the legal definition of sustainable investment. Ultimately, the paper contributes Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 to the legal discourse on global economic governance by proposing a hybrid model of transnational legal accountability that balances investor interests with social justice imperatives.
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
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
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.
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
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.
0 citations1,886 downloads13 min readPDF Available
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.
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
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
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.
#Domestic Abuse#Legal Protection#India
0 citations1,433 downloads14 min readPDF Available
Based on this expanded idea offered by Raphael Lemkin 1 this paper will critically discuss the failure of the international law in the prevention of the modern genocide. This discussion shows how applying a limited legal understanding of the definition of genocidal intent legitimizes state accountability across three case studies of U.S. racial policies, Indigenous erasure in Brazil, and existing persistence of violence in Gaza. This paper holds the view that genocide is systematically camouflaged in the terms of development, civilization, and security. Applying critical legal and postcolonial theoretical approaches, this paper suggests an enlargement of the legal meaning of genocide identifiers to those of predictable destruction, structural oppression, and colonial continuities. The study finds that unless there is a reform of such definitions, the international law is going to remain on impunity-making mandate other than justice delivery.
Juvenile delinquency is a global issue that extends far beyond the borders of India, reaching a widespread concern across nations. In response to this challenge, various countries have enacted legislation to address and reduce juvenile delinquency. With the advent of
The rise of biotechnology has redefined the scope of patent law by enabling the manipulation and creation of biological materials. This paper investigates how legal systems worldwide have accommodated biological inventions within existing intellectual property frameworks. It assesses key international instruments and judicial decisions and explores the ethical concerns raised by the commodification of life forms, particularly those involving genetic material and indigenous knowledge. While patents incentivize innovation, they may also hinder access to essential medicines and promote biopiracy. This article proposes a more ethical, globally consistent patent regime by reinterpreting existing standards for inventiveness, applying morality clauses more rigorously, and encouraging alternative models of innovation. The legal recognition of biotechnological advancements must proceed without compromising fundamental rights and social equity. A calibrated and ethically anchored patent regime is essential for ensuring that life sciences serve the broader goals of justice, dignity, and sustainable development. The fusion of biotechnology and intellectual property has ignited a complex legal and ethical dialogue on the scope of patentable subject matter. Innovations such as genetically modified organisms, synthetic DNA, and engineered stem cells challenge conventional boundaries between discovery and invention. This manuscript explores how the patent regime has evolved to address biological inventions and how it must respond to emerging ethical concerns. Through an analysis of legal frameworks like the TRIPS Agreement, the European Patent Convention, and national laws, this paper interrogates how morality clauses, inventive thresholds, and access considerations can shape equitable and sustainable innovation. The study argues for reforming the patent system to better accommodate ethical diversity, encourage socially beneficial inventions, and prevent the monopolisation of life itself. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
The unpredictability and uncertainty of the COVID-19 pandemic; the associated lockdowns, physical isolation, and other containment techniques; and the resulting economic meltdown may raise the incidence of mental health disorders and worsen health inequality. Preliminary results indicate that previously healthy persons, particularly those with pre-existing mental health concerns, experience unfavourable mental health outcomes. Despite the diversity of global health systems, efforts have been made to adapt mental health care delivery to the COVID-19 standards. Concerns about mental health have been addressed through the public mental health response and through the adaptation of mental health services, with a focus on infection control, changing access to diagnosis and treatment, ensuring continuity of care for mental health service users, and paying attention to new cases of mental illness and populations at high risk of mental health problems. Experts, clinicians, and service users should work together to develop long-term mental health care delivery system adjustments that are specifically designed to close gaps in health-care delivery. Thorough and ongoing evaluation of health and service-use outcomes in mental health clinical practise will be crucial in identifying which practises should be expanded and which should be phased out. The interconnection of the world made society vulnerable to this condition, but it also provides the infrastructure to correct previous system failures by disseminating outstanding practises that can result in long-term, efficient, and equitable mental health treatment delivery. As a result, the COVID-19 pandemic may present an opportunity to improve mental health care. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
Waqf is a longstanding institution in Islamic tradition that reflects the deep-rooted culture of generosity within Muslim societies. For generations, it has been a way to allocate wealth for the greater social good. Through Waqf, individuals permanently dedicate property or assets to support religious, educational, social, or charitable causes. However, overseeing these endowed properties involves navigating various challenges—maintaining the original charitable intent while complying with legal frameworks and addressing the expectations of beneficiaries. Managing Waqf properties becomes increasingly complex when viewed in light of the Transfer of Property Act, 1882. 1As a foundational statute in Indian property law, the Act plays a crucial role in shaping how Waqf assets are administered and transferred. It presents both potential benefits and legal hurdles, demanding a careful and informed approach to ensure compliance while preserving the charitable intent of the Waqf. 2As we delve into the realm of Waqf property management, it becomes clear that the philosophical foundations of Waqf resonate with the broader goals of benevolence and community welfare. The concept of Waqf, stemming from the Arabic root ‘waqafa’ meaning to immobilize or make a perpetual dedication, has been a fundamental pillar of Islamic philanthropy since its inception. The primary objective of a Waqf is to benefit the public by providing essential services to the community, spanning 1 Isha Bharti , Waqf Property Management: Balancing objective,constraints and Beneficiary concerns, JclJ (2023) 262 2 Eman Assi, ‘Islamic waqf and management of cultural heritage in Palestine, International Journal of heritage studies,14(4), 2008 Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 domains such as education, healthcare, and social welfare. The waqf amendment act 2025 or UMEED ACT 2025 which is being passed is suffering from certain legal lacunae where the clause of introducing a non muslim member in the waqf board is creating a turbulence with respect to Article 26 where religious denominations having the fundamental right to manage their own affairs and removing clause 40 where Waqf board was having autonomy to declare any property as waqf have been reduced as power has been shifted to the Government officials. Concept of waqf by user is also being eliminated and here the provision is being made that any person who is practicing Islam for 5 years can make waqf and that too be deed which raises an important question that the waqf that is being declared orally have no legal sanctity at all or waqf which is being declared before partition can now be declared by government as the government property. Moreover it is also contentious that to survey waqf property District Magistrate is invoilved and also to adjudicate whether any property is waqf property or not is also to be adjudicate by District Magistrate which is the sheer violation of natural justice an
Violence against women is seen as one of the most widespread human rights violations and a major barrier to women's personal growth. In the late 1960s and early 1970s, the Second Wave feminist movement introduced the issue to the public, offered a theoretical framework for analyzing it, and launched a full-scale campaign to address it. One of the most common violations of human rights worldwide is violence against women; never sand the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) makes no explicit reference to this issue. This paper starts by further analyzing the CEDAW's evolution. analyzes CEDAW's Article 2 against violence against women critically, looking at its implementation procedures and alternatives Optional protocols, the State parties' Concept of Reservation, the 1993 Declaration on the Elimination of Violence Against Women, and the hesitant actions of state parties to the general proposals are also covered. The fact that, despite CEDAW's existence since 1979, the word "violence" is never specifically mentioned, makes this fact all the more startling. It has, however, construed in its rules in a way that implicitly incorporates them, although this hasn't been very helpful. It also sheds some light on India's position with CEDAW.
The new criminal law dealing with the police custody under BNSS previously CRPC has raised issues on basic human rights of the accused due to the extension of police custody from 15 days to 90 days, this new act of BNSS has been getting criticism for the prolonged period of custody . The new act has removed the period of police custody from first 15 days from the time of arrest and now the recent statute hampers accused fundamental rights,as police can summon indicted person at any time under the period of 60 or 90 days from the date of crime .The new criminal law can arise concerns on custodial torture which is very common in indian police stations ,it will raise concern over the mental and physical wellbeing of the person .it also raises concerns over the constitutional implications of the said act due to the ambiguity in framing article 187 will lead to different interpretations . The constant change in nature of the police custody and the judicial custody may arise issues and can hamper the fundamental rights of the accused . Given paper discusses the issues of section 187 of the BNSS and analyses the concerns it brings to the common people ,this article is solely restricted to the section that deals with police custody given in new law and the previous provisions of the same under CRPC .
Indian Judicial System is the Paramount institution of the world’s largest democracy. Its purpose is to give justice to innocent and punish the wrongdoer. As an institution, the Indian judiciary has always commanded considerable respect from the people of the country. The roots of this high regard lies in the independence, impartiality and integrity of the members of the judiciary. Yet pendency of Lakhs of cases is the matter of serious concern. Shortage of judges, infrastructure and Lack of Transparency has been highlighted as one of the major reasons for the same. Undeniably corruption and counsel-side delays are other well-Known reasons for prolonged delay. To mitigate such delays, there is a need for more transparent and accountable judicial system. This paper aims to overcome the current Challenges in Indian Judicial System and Reformation. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947
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
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
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.
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
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
In an era where data is power and surveillance lurks behind digital convenience, the Digital Personal Data Protection Act, 2023 emerges as India's most ambitious attempt to regulate personal data. But beneath its promises of empowerment and privacy lies a stark paradox: while
The conflict in Gaza has been ongoing since 8th October 2023. Even after a ceasefire agreement came through Israel has continued airstrikes on Gaza thereby violating ceasefire agreements. Israel has used methods of starvation, bombing hospitals, restricting humanitarian relief,
Specially-abled persons are a disadvantaged group in society with their disabilities, and they face discrimination even in access to justice. Article 14 of the Constitution of India and Section 3 of the Rights of Persons with Disabilities Act, 2016, provide that specially-abled persons have the right to equality with others in society. But they face challenges in access to justice through the traditional or formal court system. This study delves into the role of the Alternative Dispute Resolution in access to justice, especially to specially-abled persons. This study aims to explore the challenges faced by specially-abled persons in accessing justice through the doctrinal approach. It aims to reveal the challenges faced by specially- abled persons in accessing the traditional courts and the inefficiency of the traditional courts in providing access to justice to the specially-abled community, who are a disadvantaged group of society due to their disabilities. It aims to investigate existing articles of scholars, reports and policies of the government, statutory instruments, and judicial precedents of the Supreme Court and High Courts, which give an understanding of what challenges prevail in accessing formal courts for specially-abled * Sneha Kumari is an LL.M. student at the School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences, Mumbai. The author may be reached at advsnehakri@gmail.com. ** Pawan Kumar is an LL.M. student at the School of Law, Rights and Constitutional Governance, Tata Institute of Social Sciences, Mumbai. The co-author may be reached at advpk.0009@gmail.com. Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 persons and how the ADR mechanisms can help the specially-abled community in achieving access to justice. This study relies on secondary data that exist, and these can help to explore gaps in the policy implementation and challenges for specially-abled communities in accessing justice. This study can help the legislature and policymakers in making decisions to bring new policies and laws for specially-abled persons so that they can access justice outside the formal court, i.e., through the Alternative Dispute Resolution (ADR).
#Specially-abled Persons#Access To Justice#Traditional Or Formal Courts
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
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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.
The section 8 companies are legal entities with a regulatory structure that is unique to the nonprofit sector in India, and that is both legally accountable and has a social welfare mandate.1 The paper will discuss how they are changing their role in supporting Sustainable Development Goals (SDGs) by becoming increasingly impact oriented in their approach to development rather than a compliance-oriented model of development. It examines how the mechanisms of statutory governance, CSR-linked funding, and regulatory mechanisms permit such entities to design and put in place interventions that are measurable in areas like education, healthcare, livelihood generation, environmental sustainability, and financial inclusion. Section 8 companies play a crucial role in mediating between the corporate resources, state priorities and needs of grassroots by aligning organizational goals with SDG targets. The research also notes that successful input to SDGs is not only relative to adherence to regulations but also strong governance, visionary decision-making, cooperation among stakeholders, and standardized evaluation of impact. The problem of insufficient funding, inchoate regulations, and poor institutional capacity remains, but the policy reforms, digital governance, the organization of the partnerships between the government and businesses, and the measurement of the impact have a prospect. The paper finds that, through enhanced accountability and innovation-driven strategies, the Section 8 companies can become potent vehicles of inclusive and sustainable development, balancing between legal compliance and real social impact.
#Section 8 Companies#Sustainable Development Goals#Legal Impact