Volume 3, Issue 3

Beyond Sight, Sound And Sense: Translation, Transliteration And Trademark Similarity In Multilingual India

Ishita Singh·Sep 30, 2026·10.5281/zenodo.23064080

"The limits of my language mean the limits of my world," wrote Ludwig Wittgenstein — a maxim that resonates powerfully within India's trademark jurisprudence, where a single brand may speak in a dozen scripts and sound different in as many tongues. In a multilingual society where "Fruit Salt" translates to "Falaxar," "Peacock" to "Mayur," and "Capital to "Rajdhani," the question of when two marks are similar cannot be answered through sight alone. This paper examines the tripartite doctrine of visual, phonetic, and conceptual similarity under the Trade Marks Act, 1999, tracing how Indian courts have judicially constructed this framework in the absence of statutory definition. By applying a sociolinguistic lens to major legal precedents ranging from early standards like imperfect recollection to complex multi factor tests and from translation disputes like Rajdhani–Capital to transliteration conflicts like falcigo/falcitab. The study argues that trademark law in India has progressively shifted toward a type of applied linguistics. Consequently, legal decisions now judge not only commercial aspects but also the underlying meaning of words. The paper concludes that courts have developed effective mechanisms for India's multilingual marketplace, yet significant gaps persist, especially the lack of a standardised test for comparing different scripts. To address this, this paper introduces a three-step framework designed to evaluate marks based on their visual appearance ,sound, and meaning .

Mediation In Labour Disputes: Can Alternative Dispute Resolution Reduce The Burden On Labour Courts?

Mr. Skand Gupta·Sep 30, 2026·10.5281/zenodo.23064601

Around the world, labour courts are overwhelmed by huge backlogs, slow processes, and expensive legal fees. This makes it incredibly difficult for both workers and employers to get a fair and timely resolution. To solve this problem, many systems are turning to Alternative Dispute Resolution (ADR) methods like mediation, conciliation, and arbitration. This paper specifically looks at mediation to see if it can truly ease the burden on courts without stripping workers of their legal rights and protections. Advocates of mediation praise it for being fast, affordable, private, and flexible. However, critics worry that these exact features can harm workers, who are usually the weaker party in an employment dispute. Compared to employers, workers generally have less money, less bargaining power, and less legal knowledge. Because of this imbalance, informal mediation sessions can pressure workers into accepting unfair, lowball settlements just to end the dispute quickly. Additionally, mediation does not create legal precedents, its outcomes can be hard to enforce, and the quality of mediators varies wildly. While mediation has successfully cut down court backlogs in some regions, it often compromises fairness for speed. This paper addresses a major gap in current research: the tendency to praise ADR in theory without looking at how unfair it can be for workers in reality. Ultimately, this study examines whether structural safeguards, such as free legal aid, strict minimum settlement rules, and court reviews, can protect workers during mediation. By weighing the pros and cons, this paper provides a realistic framework to determine if mediation actually helps workers, or if it simply hides workplace inequality behind closed doors.

Foreign Trade Agreements And Access To Medicine

Dr. Imran Ahad·Sep 28, 2026·10.5281/zenodo.23019331

The issue of access to affordable medicine is seeing some interesting times in India, especially in the context of intellectual property. A few events close on the heels of one another, viz., granting of first compulsory license over So rafenib, a drug for cancer by Intellectual Property Appellate Board, [1] followed by the Supreme Court judgment rejecting plea of Novartis to grant patent protection to its anti-cancer drug sold in the name of Glivec or Gleevec, India being put again on the US priority watch list in the latest USTR Special 301 Report, May 2013 for allegedly tweaking with uniform patent standards to the disadvantage of their pharmaceutical companies and not the least, the EU India BTIA negotiations reflect intense turbulence and shifting of fault lines in the access to medicine debate. While issues concerning the Novartis judgment and compulsory licensing are being well discussed, our concern for EU-India negotiations should be no less. This article seeks to draw attention to issues incorporated in the negotiation document between EU and India and their impact on access to affordable medicine, if accepted. [2] WTO's trade-related aspects of intellectual property rights or TRIPS - establishing a universal minimum protection for intellectual property-has been adopted in the domestic Intellectual property regimes of most countries of the world. However, perception with respect to its efficacy varies. For developed countries who still are the leading innovators, TRIPS was only a battle half won as their demand for some of the more stringent provisions of protection remained unheeded.On the other hand, according to the developing and least developed countries, TRIPS laid down stringent conditions of protection which could prove stilling for local innovation. The debate on access to medicine is inextricably intertwined to these counter views. [3] [1] Bayer Corp. v. Union of India , Order No. 100/2009 (Intellectual Property Appellate Board, Mar. 4, 2013), http://www.ipab.tn.nic.in/Orders/100-2009.htm (last visited Sept. 28, 2026). [2] Novartis AG v. Union of India , (2013) 6 SCC 1, http://judis.nic.in/supremecourt/imgs1.aspx?filename=40212 . [3] U.S. Trade Pressure on India Drug Patents Threatens Access to Life-Saving Medicines: Report , HuffPost (May 1, 2013), http://www.huffingtonpost.com/2013/05/01/india-us-drugs-trade_n_3196458.html

Intellectual Property As Collateral: Reconciling Proprietary Rights And Security Interests Under Indian Law

Gregory Koshy Thomas, Kiruthiga Devi S.·Sep 28, 2026·10.5281/zenodo.23020146

Indian businesses increasingly hold value in patents, trademarks, copyright, designs, software, trade secrets, and associated licensing streams rather than in land or machinery. Yet intellectual property (IP) remains an underused form of loan collateral. Indian scholarship identifies a paradox: existing legislation can accommodate the transfer of IP and the treatment of knowledge capital as an asset, but no integrated regime clearly resolves creation, perfection, priority, valuation, enforcement, licensing, and insolvency. The result is a gap between formal proprietary capacity and practical creditability. This article argues that Indian law should not treat IP collateral as an ordinary pledge of documents or as an unqualified transfer of ownership. It should recognize a functional security interest over defined economic rights, supported by coordinated registry practice, asset-specific perfection rules, standardized valuation, transparent enforcement, and insolvency procedures that preserve going-concern value. The article distinguishes patents, trademarks, copyright, and royalty streams; examines the interaction among the SARFAESI Act, 2002, the Companies Act, 2013, IP legislation, and the Insolvency and Bankruptcy Code, 2016; and proposes a reform architecture that protects lenders without allowing enforcement to destroy innovation, goodwill, licensee reliance, or authors’ non-economic interests.

Judicial Activism In Patent Laws In India - An Analysis Of Cases

Dr. Imran Ahad·Sep 28, 2026·10.5281/zenodo.23019255

This paper is an effort to analyse some important and recent cases on ever greening of patents. A patent is a grant of exclusive rights by the government to the inventor for his disclosed invention which gives protection against infringement and creates possibility of assigning or licensing of the right. [1] Under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights, patents should be available in WTO member states for any invention, in all fields of technology, 2 and the term of protection available should be a minimum of twenty years. [2] With the provisions made in the Patents Act, 1970 the citizens of India got an opportunity to develop processes. This led to a huge benefit in economic growth of India. Bulk drug manufacturers made use of this opportunity in manufacturing drugs in bulk and selling at a cheaper price. By 1970, India, along with other developing countries had adopted "process patenting regime". The Patent Act of 1970 had some major drawback. There was no mention in the Patents Act, 1970 for the protection of products such as Darjeeling tea and Basmati rice, which are famous for their superior quality. In addition to these, since ancient times some plant parts of turmeric, neem were well used as medicine, but there was no mention in the Patents Act, 1970 for the proteccion of the ancient knowledge which is being used since generations. Other than this, Turmeric powder is widely used in India as a medicine, a food ingredient and a dye to name a few of its uses. United States awarded patent on turmeric to University of Mississippi medical center in 1995 for wound healing property. An exclusive right has been granted to sell and distribute. Two years later, India's Council of Scientific and Industrial Research challenged the university regarding the novelty of the discovery. The USPTO cancelled the patent due to lack of novelty. [3] [1] R. Radha Krishnan & S. Balasubramanian, Intellectual Property Rights: Text and Cases 71 (2006). [2] Overview: The TRIPS Agreement , World Trade Org., http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm (last visited Sept. 28, 2026). [3] Understanding the WTO - intellectual property: Protection and enforcement, WTO, https://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm (last visited Sep 28, 2026).

Right Vs. Patient's Right

Dr. Imran Ahad·Sep 28, 2026·10.5281/zenodo.23018733

The Indian Patent system owes its origin from British rule in India. Act VI of 1856 based on British Patent Law of 1852, provided exclusive privileges to the inventor for 14 years. The Patent and Designs Act, 1911 introduced during the colonial rule was reviewed and enacted the Indian Patent Act, 1970 which deals with process patents and acted as an effective tool in laying a strong foundation for the growth and development of pharmaceutical industry in independent of pharmaceutical industry in independent India. [1] The main provisions contained in this Act were permitting process patents of chemicals excludes pharmaceuticals and reducing the term of patent for process to 7 years from the date of application and for all other patents it was fixed for 14 years. TRIPs are one of the agreements reached at the conclusion of the 1986 - 1994 Uruguay round of the GATT Multilateral Trade Negotiation. All the WTO members will be members in TRIPs' Agreement, which came into force in 1995. 2 In recent years, intellectual property protection for inventions relating to health care was one of the major debated areas. The major concern was the need to facilitate access to essential medicines at affordable cost to the large section of the population in the developing and least developing countries. The problem is that the most dangerous illness in the world such as HIV/AIDS, malaria and tuberculosis are widely spread across the developing countries. [1] 1. Shashi Sharma, "New Patent Regime IN India - Challenges and Future of the Pharmaceutical Industry, http://www.works.be.press.com/cgi/view content.cgi? Article.

The Insider Blind Spot: Whistleblower Protection, ESG Fraud, And The Case For External Recognition

Somya Ranka, Bhupesh Netam·Sep 28, 2026·10.5281/zenodo.23019930

This paper focuses on the theme of ESG Fraud and Greenwashing: Rethinking Corporate Accountability, analyzing the role of whistleblowing in exposing ESG-related misconduct and strengthening corporate accountability. ESG standards are now a key method for promoting corporate sustainability, transparency, and ethical governance. However, the rise in greenwashing and ESG fraud has caused concerns about the reliability of corporate disclosures and the effectiveness of current enforcement methods. This paper looks at whistleblowing as an important tool for revealing ESG-related misconduct. It also compares the whistleblower protection systems in India and the United States. Regardless of the importance of these organizations to fraud detection via disclosure, they are excluded from the existing whistleblower protection and reward systems in both countries. It is argued that current whistleblower legislation is overly focused on insiders and fails to account for the realities of ESG regulatory enforcement. A new legal mechanism to recognize and support credible external disclosures is proposed. By examining the Adani sustainability-linked bond scandal, the paper finds that serious ESG scams are usually detected not by company insiders but by non-profit organizations, independent researchers, and market analysts who work with publicly available information. In the U.S., whistleblowers benefit from both the Dodd-Frank Act and the Sarbanes-Oxley Act, which provide strong legal safeguards, complete anonymity, and monetary rewards. In contrast, the Indian framework suffers from numerous shortcomings, including a lack of coherence and an inability to address ESG issues.

The Mandatory Requirement Of Written Tenancy Act, 2017: Compliance And Challenges

Mr. M. Ajay Sundar, C. Murugeswari·Sep 27, 2026·10.5281/zenodo.22999956

The enactment of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (TNRRRL Act) marked a significant paradigm shift in urban tenancy governance by replacing the archaic Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Central to this legislative reform is Section 4 of the Act, which mandates that every tenancy agreement—irrespective of the tenure or rental value—must be executed in writing and subsequently registered with the Rent Authority. This study examines the legal compliance framework established by the mandatory written requirement and analyzes the practical challenges encountered during its implementation. On the compliance front, the Act creates a centralized digital mechanism through the Rent Authority portal, compelling both residential and commercial tenancies to formalize terms regarding security deposits, maintenance responsibilities, and dispute resolution parameters. The law eliminates the traditional reliance on informal oral contracts or unregistered short-term leases (such as 11-month agreements) by rendering unregistered tenancy agreements legally unenforceable and inadmissible as evidence in Rent Courts. However, despite these procedural advances, major challenges persist. These include a widespread lack of legal awareness among informal urban tenants and small landlords, resistance to dual-registration burdens (under both the Rent Authority and the Indian Registration Act for longer leases), digital literacy barriers, and non-compliance driven by tax avoidance or fear of regulatory oversight. This paper evaluates the judicial interpretation of non-compliance under Section 4 and offers policy recommendations to streamline the digital registration infrastructure, enhance stakeholder awareness, and reconcile legal strictures with informal housing dynamics in urban Tamil Nadu.

Planetary Boundaries And International Environmental Law: Towards Earth System Governance

Ms. Nisha Sharma·Sep 26, 2026·10.5281/zenodo.22980137

International Environmental Law stands at a crossroad, where its basic ideas and principles are massively coming at odds with the depth and demand of universal environmental catastrophe. Greatly based upon notions of state control, assent, and fragmented international agreement, the discipline has failed to respond to massive environmental degradation and biodiversity failure. The formation of the scientific notion of the ecological boundaries and limits has elevated the constraint by introducing a bunch of environmental thresholds and limits within which the humankind can remain secure. Developed by the Stockholm Resilience Centre, this framework uncovers crucial biodiversity dynamics like the massive ecological destruction, ecological threshold, poor land usage and change, and bio-geochemical cycles and hence introduces a novice standard beyond which the irreparable environmental damage sharply increases and spikes. While this model has gained impeccable speed and admiration among scientific and policy stakeholders, its ethical interpretation and application for international law remains questionable. This paper argues that adopting environmental limits within the scope and ambit of international environmental law calls for a thorough transformation from fragmented governance towards an obligatory structure of earth system governance.

Trial In Absentia And The Right To Fair Trial: An Analysis Of Section 355 & 356 Of BNSS, 2023

Ashish Krishna·Sep 26, 2026·10.5281/zenodo.22980211

The right to a fair trial is a cardinal principle of criminal justice and an essential element of constitutional governance under Article 21 of the Constitution of India. The presence of the accused is important during criminal proceedings, which facilitates effective participation, legal representation, and the opportunity to contest the prosecution’s case. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), however, introduces an explicit statutory framework for trial in absentia under Sections 355 and 356, permitting courts to proceed against proclaimed offenders who deliberately evade the judicial process. This legislative shift represents a significant transformation in Indian criminal procedure and raises critical questions concerning its compatibility with the right to a fair trial. This article undertakes a doctrinal and analytical examination of Sections 355 and 356 of the BNSS to assess whether the procedure of trial in absentia conforms to constitutional mandates and principles of natural justice. The study further contextualises the Indian framework within international human rights standards, such as Article 14 of the International Covenant on Civil and Political Rights, which permits trial in absentia only under strictly limited conditions. The article argues that while trial in absentia may serve legitimate objectives such as expeditious justice and deterrence against abscondence, it poses inherent risks to procedural fairness, including unequal adversarial balance and diluted defence rights. It concludes that the constitutional sustainability of Sections 355 and 356 depends upon their exceptional application, rigorous judicial scrutiny, and the recognition of effective remedial mechanisms to prevent miscarriage of justice.

Alteration Of The Memorandum Of Association Under The Companies Act, 2013: Balancing Corporate Flexibility And Stakeholder Protection

T Vennela Jaahnavi·Sep 25, 2026·10.5281/zenodo.22962218

The Memorandum of Association (MoA) is a company's foundational document, and the Companies Act, 2013 permits its alteration to meet evolving business needs while protecting stakeholder interests. This paper examines the legal framework governing such alterations and asks whether existing safeguards truly prevent misuse of this power. It begins with the doctrine of ultra vires and its relevance to the objects clause, as established in Ashbury Railway Carriage & Iron Co. v. Riche and applied by the Supreme Court in A. Lakshmanaswami Mudaliar v. LIC. It then analyses Section 13, along with Sections 4, 61, and 64, which govern changes to a company's name, registered office, objects, and capital, together with the procedural requirements under the Companies (Incorporation) Rules, 2014. The paper further evaluates the varying degrees of protection given to shareholders, minority shareholders, creditors, debenture-holders, and non-member stakeholders such as employees and communities. Drawing on landmark and recent judicial rulings, it argues that alteration powers, though statutorily granted, must still satisfy the tests of bona fide exercise and constitutional purpose. It concludes that meaningful protection depends on genuine disclosure and effective regulatory scrutiny, and recommends reforms to strengthen minority shareholder safeguards.

Golden Handcuffs Or Void Contracts? Enforceability Of Post-Employment Non-Compete Clauses For Senior Management Under Section 27 Of The Indian Contract Act, 1872

Sheikh Nida Afreen A·Sep 25, 2026·10.5281/zenodo.22962292

Senior-management contracts often include post-employment non-compete clauses to shield businesses from losing strategic expertise, private information, and business connections. Section 27 of the Indian Contract Act, 1872, however, limits their enforcement in India by declaring contracts that restrict a lawful profession, trade, or business to be unlawful to the extent of the restriction. This essay investigates the legality of senior management-specific post-employment non-compete agreements and contends that the apparent ambiguity surrounding these agreements is mostly the result of confusing different contractual safeguards. The study separates restrictions on future employment from justifiable protection of confidential and proprietary interests through a doctrinal analysis of Niranjan Shankar Golikari v. Century Spinning & Mfg. Co., Superintendence Company of India (P) Ltd. v. Krishan Murgai, Gujarat Bottling Co. Ltd. v. Coca Cola Co., Percept D'Mark (India) Pvt. Ltd. v. Zaheer Khan, and VFS Global Services Ltd. v. Suprit Roy. As a comparable viewpoint, it also looks at the US Federal Trade Commission's 2024 Non-Compete Clause Rule and its subsequent vacatur. The study comes to the conclusion that senior managerial rank does not provide a separate exemption under section 27. Employers should instead implement legally viable substitutes, such as garden leave, deferred remuneration, secrecy requirements, and limited non-solicitation contracts.

Between Rights And Markets: Bridging The Law-Practice Gap In India's Sustainability Transition

Amudhan S, Surya R C, Abdul Rahman M·Sep 24, 2026·10.5281/zenodo.22942989

India’s environmental governance framework is anchored in constitutional guarantees, statutory safeguards, regulatory mechanisms and judicially developed principles of green jurisprudence. Even extensive legal protection does not necessarily ensure its effective implementation in practice. This paper critically examines the environment between rights and markets by examining the relationship between formal legal commitments, environmental governance, market practices and India’s sustainability transition. The study adopts a mixed doctrinal and socio-legal methodology. First, it examines the constitutional provisions, environmental statutes, regulatory framework, delegated legislation, judicial pronouncements and safeguards to determine the nature and scope of environmental rights and their corresponding legal obligations. Second, it analyses environmental governance and green jurisprudence, including the sustainable development, the precautionary principles, the Polluter Pays Principle, the Public Trust Doctrine and intergenerational equity, to appraise how legal norms are interpreted, administered and enforced. Third, the study undertakes secondary empirical analysis using authoritative data and materials from the government and regulatory sources, institutional reports, environmental compliance records, published studies, judicial and tribunal materials and corporate sustainability disclosures. This evidence is used to examine how legal standards operate in practice and identifies gaps between law and implementation. This paper critically analyses, the enforcement and compliance gaps revealed through this law and practice gap. To resolve these problems, it proposes targeted legislative reforms planned to improve Implementation and harmonize environmental protections with development imperatives. It argues that India’s sustainability transition requires moving beyond the formal recognition of the environmental rights towards an evidence-based model in which the law, state authorities and market actors operate coherently, supported by targeted reforms to bridge identified implementation gaps.

Beyond Criminalisation: A Doctrinal Study Of Individual, Institutional And State Liability For Public Examination Paper Leaks In India

Ajeevani Singh Dhakad·Sep 24, 2026·10.5281/zenodo.22943055

Public examination paper leaks in India have generally been approached as questions of criminal misconduct, examination cancellation and deterrent punishment. Recent controversies, particularly NEET-UG 2024 and the alleged NEET-UG 2026 leak, demonstrate that a compromised examination creates several distinct legal relationships: between perpetrators and the State, between examination authorities and service providers, between officials entrusted with confidential material and the public, between knowing beneficiaries and innocent candidates, and between candidates and public authorities whose failures may have affected the integrity of the examination. This paper undertakes a doctrinal study of these relationships through the Public Examinations (Prevention of Unfair Means) Act 2024, the Public Examinations (Prevention of Unfair Means) Rules 2024, the Public Examinations (Prevention of Unfair Means) Amendment Act 2026, relevant Supreme Court jurisprudence, and official material concerning NEET-UG 2024 and 2026. It argues that Indian law has moved beyond a candidate-centric model of malpractice by recognizing service-provider and organized-crime liability and by strengthening investigation and trial mechanisms. Nevertheless, the framework remains less developed on the allocation of institutional and State responsibility and remedies for innocent candidates. The paper therefore proposes a role-based doctrinal framework distinguishing perpetrator, insider, beneficiary, service-provider, institutional and State responsibility, while maintaining proportionality between the extent of proven malpractice and the remedy imposed on the candidate population.

Bridging The Digital Divide: Ensuring Equitable Access To Artificial Intelligence For Marginalized Communities

Shivani Sachan, Dr. Waheed Alam·Sep 23, 2026·10.5281/zenodo.22913200

The advancement of Artificial Intelligence is changing areas, such as economies, governance, education, healthcare and public services. This makes AI a key driver of development and digital innovation. However not everyone benefits equally from AI. Some groups face inequalities that make it hard for them to access AI. These groups include people living in areas, low-income households, women, people with disabilities indigenous groups and communities with languages that are not well represented. This study looks at how the digital divide affects access to AI. It shows that digital inclusion is not about having internet access. It also involves having the digital infrastructure knowing how to use AI being able to afford it making it accessible ensuring fairness in algorithms including different languages and governing it ethically. The research uses studies and different perspectives to find out the barriers that stop people from being part of AI-driven systems. These barriers can be structural socioeconomic, technological or policy-related. The study also explores ways to make AI adoption fair. This can be done through AI, inclusive digital policies, innovation centered around communities partnerships between public and private sectors and initiatives that build capacity. These approaches can help minimize risks, like bias, privacy issues and technological exclusion. A holistic conceptual framework has been put forward to assist decision-makers, researchers, stakeholders in the industry, as well as development agencies, in creating inclusive AI ecosystems that could contribute to the amelioration of social injustices, electronic equity, and sustainable development. The integration of technology and human-centered governance means an important contribution to the analysis of AI accessibility and inclusion; it provides practical solutions to the problem of lack of access to AI and the involvement of marginalized communities into the process of digitalization. The most significant conclusion of the findings is that equitable access to AI is a technology not aimed only at acquiring the technological capabilities, but rather at achieving inclusive economic development and participatory democracy, as this would become a basis for Sustainable Development Goals implementation in the new AI age.

Legislative Purpose Behind The Enactment Of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 In India: A Legal Study

Dr. Mukesh Kumar Malviya·Sep 22, 2026·10.5281/zenodo.22902089

The Indian constitutional order promises equality, dignity, and social justice, yet the lived reality of Scheduled Castes and Scheduled Tribes has long reflected persistent discrimination, humiliation, exclusion, and violence. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted as a special legislative response to this structural injustice. Its long title expressly states that it is “[a]n Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts and the Exclusive Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.” [1] This formulation reveals a legislative purpose that is preventive, punitive, remedial, and restorative. This paper examines the legislative purpose behind the enactment of the Act through doctrinal and analytical methods. It argues that Parliament did not merely seek to create additional offenses or harsher punishments. Rather, it aimed to recognize caste-based atrocity as a distinct social harm requiring a distinct legal response. Ordinary criminal law was seen as inadequate because atrocities against Scheduled Castes and Scheduled Tribes are often embedded in power relations, social dominance, and collective intimidation. The Supreme Court has repeatedly treated the Act as a beneficial and protective legislation whose interpretation must preserve its social justice mission. The paper further analyzes the constitutional background, the inadequacy of ordinary law, landmark case law on anticipatory bail, legislative intent, and practical enforcement challenges. It concludes that the Act embodies the constitutional commitment to substantive equality and dignity, and that its success depends on faithful implementation by the police, prosecution, courts, and state authorities. [1] The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, No. 33 of 1989, long title, India Code, [ https://www.indiacode.nic.in/handle/123456789/1920?view_type=](https://www.indiacode.nic.in/handle/123456789/1920?view_type=) .

COMPOUNDING OVER CRIMINALITY: THE 2024 OVERHAUL OF FEMA'S SETTLEMENT MECHANISM AND THE EROSION OF DETERRENCE A Critical Analysis of Section 15 of the Foreign Exchange Management Act, 1999

Unnati Hariramani·Sep 21, 2026·10.5281/zenodo.22877434

The Foreign Exchange Management Act, 1999 (FEMA) replaced an older law called FERA. The authorities would bring criminal charges against anyone who violated the strict regulations which FERA established. FEMA distinguishes itself through its practice of imposing monetary penalties which function as punishment for regulatory violations. The RBI and ED can resolve particular cases under Section 15 of FEMA through payment of specified settlement amounts. The Foreign Exchange (Compounding Proceedings) Rules, 2024 became official through new rules which entered into effect on 12 September 2024. The new regulations replaced the previous set of rules which dated back to 2000. The RBI issued new instructions which became effective on 1 October 2024. The research investigates these new regulations which have been established. The new rules enable people to submit their applications through the internet while they can request higher monetary amounts and the authority decides penalties through different methods. The paper investigates whether these modifications actually make the process more efficient and quick or they reduce the severity of penalties. The research studies the Sanjay Jhunjhunwala v. Reserve Bank of India court decision as part of its investigation. The new rules simplify the process yet the system continues to experience a fundamental issue. People seem to believe that buying things will end their punishment because they can purchase their way through their offenses.

Data Privacy And Reputational Harm (Privacy In The Digital Age)

Ms. Antashree Nandy·Sep 21, 2026·10.5281/zenodo.22879698

The world of information and communication technology (ICT) is constantly evolving, leading to unprecedented advantages and opportunities that stem from global connectivity. As a result, the way we share information, communicate with each other, and live our lives has been completely revolutionized by technological advancements. However, a major challenge accompanies these immense benefits -- ensuring digital privacy and cybersecurity remain intact. Social media has become an integral part of daily life in various domains. In the realm of media, people use it to share text, images and messages while businesses employ online surveys, marketing tactics and customer targeting to advance their agendas. Due to its widespread adoption by Internet users today we consider social networking media as a representation of present internet culture. While sharing information on these platforms is convenient there are real privacy and security concerns that must be addressed, particularly with regard to sensitive user data which requires confidential treatment. The relationship between people and technology is complex and twofold. While ICT has enabled unprecedented connectivity, information access, and communication across boundaries, it also raises concerns about personal data collection, usage, misuse and poses challenges to digital asset security. This paper delves into the significance of safeguarding personal information by exploring various risks such as malware attacks or phishing scams leading to data breaches; workplace privacy issues; legal frameworks governing digital privacy protection; and emerging technologies transforming this environment. Additionally, it examines legislation from different jurisdictions pertaining to these matters. Social media's ascendance has transformed communication channels but created apprehensions about online reputation management and user privacy rights. In essence, the study focuses on the conflicting demands arising from balancing these two dynamics while scrutinizing how regulatory mechanisms can resolve them. Users' entitlements are crucial in determining who accesses their sensitive confidential particulars. However, social networking sites face hurdles in providing tools for users wanting control over their web image.

INVISIBLE CITIZENS: DISABILITY, DEMOCRATIC PARTICIPATION, AND THE CONSTITUTIONAL PROMISE OF EQUAL CITIZENSHIP IN INDIA

Mohit Dudurkar·Sep 21, 2026·10.5281/zenodo.22879204

India's constitutional framework pledges equality, dignity, and democratic participation to every citizen. Yet for the estimated 26.8 million persons with disabilities in India, these guarantees remain structurally incomplete. This article argues that persons with disabilities constitute a class of 'invisible citizens'—formally recognised by law but substantively excluded from the architecture of democratic life. Drawing on constitutional provisions, Supreme Court jurisprudence, the Rights of Persons with Disabilities Act 2016, and the United Nations Convention on the Rights of Persons with Disabilities, the article examines how physical, institutional, technological, and attitudinal barriers combine to deny persons with disabilities meaningful participation in electoral processes, public institutions, and democratic deliberation. The analysis demonstrates that existing judicial interventions, while salutary, have not resolved the systemic deficiencies that render disability a persistent marker of democratic marginalisation. The article concludes with legally grounded recommendations directed at achieving substantive rather than merely formal citizenship for persons with disabilities in India.

THE HISTORY, LAND, AND IDENTITY OF THE KHURMI NAGAS: THE ANAL, AIMOL, CHOTHE, KHOIBU, LAMKANG, KOM, MARING, MOYON, MONSANG, TARAO

Dilbung Rengthang Lamkang, Rev Dr Koningthung Ngoru Moyon·Sep 21, 2026·10.5281/zenodo.22879041

Requirement and significance the term ‘ Khurmi Nagas’ describes the opportunities and traits associated with the oborigine, indigenous being the Nagas of Chandel and Tengnoupal districts of past, present and future of Manipur namely: Anal. Aimol, Chothe, Khoibu, Lamkang, Maring, Moyon, Monsang, Tarao, and Tangkhul. The advancement of identrity crisis and the uncheck illegal immigration and the Geo-Political scenario at present in the North-East India, especially in Manipour; and the internal conflict in Myanmar, necessitates the issue. Together, with the multi-dimentions have produced a broad range of indication in the past and present. Identity refers to the situation in which all groups of people or tribe have equal opportunities, rights, and responsibilities. Every tribe is impacted by the identity. However, history must not be over-ridden with false and fabricated. The truth must be preserved and maintain by the historian, academicians, and scholars as well. People from various backgrouns and ages are impacted by it, if the truth is twisted by the scholars to achive self-desire. When the immigrants or refugees over-riled and tried to overpoewer the aborgines or indigenous or native population in every sphere of like including opportunity, land and resources, identity-twiest, history exaggerated, there is imbalance and geo-political, political, economic, social, religious, and natural resources are affected and histirical, land idenmty crises eruopted. The present situation in Manipur, in particular, and North East India, in general, needs special and strategic attention with careful and proper assessment through the crucial but usually through the lens of historical-polical lenses. This research article seeks to present all facts of history in the lenses of Identidy and Land; since identity of the Naga is always known as Histiory-land relationship. Thgis research article explores how the Kabaw valley, where the Khurmi Nagas once made their homeland, was given to the Burmese without any consent.

MARITAL RAPE IN INDIA: A CRITICAL ANALYSIS OF LEGAL IMMUNITY, CONSTITUTIONAL RIGHTS, AND INTERNATIONAL HUMAN RIGHTS OBLIGATIONS: A Doctrinal and Comparative Study of Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023

Mr. Syed Abdul Haseeb, Ms. Swapna A.B·Sep 20, 2026·10.5281/zenodo.22857515

Marital rape sits at an uneasy crossroads of criminal law, personal autonomy, and constitutional rights in India. Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which carries forward Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC), continues to shield a husband from a rape charge for non-consensual sexual acts against his adult wife. This paper examines that exception through three lenses: the fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution of India; the reasoning of the Supreme Court in cases such as Independent Thought v. Union of India and Justice K.S. Puttaswamy v. Union of India; and India's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Using a doctrinal and comparative method, the paper also looks at how the United Kingdom, the United States, Canada, and Australia dealt with the same question, to see what lessons India can draw. It argues for legislative reform that removes the exception while building in procedural safeguards against misuse, so that sexual autonomy within marriage receives the same statutory protection as it does outside marriage.

Rethinking Alternative Dispute Resolution For Consumer Justice In Ai-Enabled Financial Advice In India

Abhishree Basavanna·Sep 20, 2026·10.5281/zenodo.22856632

The blend of artificial intelligence (AI) into financial advisory assistance has substantially reshaped the facilities of investment advice, portfolio management, credit assessment and financial planning in India. AI-enabled services, such as robo-advisors and algorithm-driven financial tools. These services promise streamlined, economical and customized decision processes. Although, the gradual increase in the reliance on automated financial advice also amplifies the serious concerns for consumer justice, especially with respect to the algorithmic opacity, biased outcomes, data misuse, deceptive sales tactics and ambiguous attribution of liability in cases of financial harm. Traditional litigation mechanisms are often inadequately equipped to address these challenges that come about from AI-enabled financial services due to their technical complexity, prolonged timelines and gaps in domain-specific judicial expertise in algorithmic decision-making. Consequently, consumers may experience crucial limitations in accessing timely and effective remedies. This paper advances the view that Alternative Dispute Resolution (ADR) presents a practical and prospective framework to tackle consumer complaints in AI-enabled financial advice. However, provided it is revisited to manage such challenges arising from algorithmic systems. The study analyses remodelling the outlook of AI-powered financial advisory services in India. It also looks into the fundamental consumer safeguards from the challenges posed by the automated decision-making processes. With reference to the existing regulatory frameworks regulating financial services, consumer protection and data privacy, it emphasises the gaps in dealing with concerns particular to AI-driven financial advice. The analysis is further informed by empirical research on consumer engagement with AI-based financial advisory platforms, where proactive disclosure, clarity of decision-making and answerability concerns are shown through the improved adoption. In light of these circumstances, the paper examines how alternative dispute resolution mechanisms address challenges arising from AI-driven financial advice. The paper explores the development of technology-responsive ADR frameworks, including the establishment of specialized fintech mediation panels and the integration of technical expertise into dispute resolution, complemented by regulatory oversight to ensure fairness and protect consumers. It further draws on comparative insights from international practices in fintech dispute resolution to inform and strengthen the Indian context. The paper discusses that rethinking ADR methods for AI-enabled financial advisory challenges are utmost essential for innovation in digital finance with the necessities of consumer justice. A well-developed, comprehensible and transparent ADR framework can become instrumental in protecting the consumer interests while focusing on the responsible growth of AI-driven financial services in India.

Digital Deviance And The Algorithmic Panopticon: A New Criminological Theory Of Machine-Driven Offending And Automated Penal Control

Nikita Pawar·Sep 19, 2026·10.5281/zenodo.22847662

Background: Foundational criminological paradigms presuppose a human offender, physical space, and human institutions of penal control; autonomous systems and algorithmic governance invalidate each premise. Purpose: This article constructs a unified theory, Algorithmic Strain and Digital Deviance Theory (ASDT), of offending and penal control in human-machine hybrid environments, and tests its evidentiary pillar against the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Methodology: The study employs doctrinal analysis of the BSA and comparative liability models, combined with theoretical synthesis of criminological, criminal-law, and forensic literature. Findings: The article develops four constructs (machine autonomy gradient, algorithmic strain, system latency, digital agency) and three propositions: deviance can arise without deviant intent; automated labelling through predictive policing and risk assessment is criminogenic, operating through runaway feedback loops; and synthetic media attacks the truth-seeking function of criminal process at the generation layer, a risk that the custody-based certificate regime of Sections 61 to 63 BSA does not address. Implications: The theory supports a layered doctrine of systemic culpability, a provenance-based authentication model for electronic evidence, and statutory reform covering autonomous systemic harm, algorithmic suspicion safeguards, and institutional epistemic security.

M.S.S. V Belgium And Greece: Non-Refoulement, Systemic Deficiencies And The Limits Of The Dublin System

Asmi Chahal·Sep 19, 2026·10.5281/zenodo.22848151

The case of M.S.S. v. Belgium and Greece was an important one for European asylum and human rights law because it considered the interplay between the Dublin system and the rights of Member States under the European Convention on Human Rights. The European Court of Human Rights, Grand Chamber, found a violation of the applicant's right to life (Article 3) in the context of his detention and conditions in Greece, and held Belgium responsible for his transfer to Greece in the absence of any scant information regarding deficiencies in the Greek asylum system. The Court also held that Article 13 used together with Article 3 was violated because of the lack of effective remedies that can address the risks associated with the transfer. This case commentary focuses on the following three aspects of the application of non-refoulement in Article 3, the restrictions on the mutual trust doctrine within the Dublin system and the role of effective procedural safeguards. It also reflects on the significance of the judgment in the context of European asylum law and practice, especially given the recent case of N.S. v. Secretary of State for the Home Department and Tarakhel v. Switzerland. The commentary claims that M.S.S. continues to show the ongoing significance of inter-individual human rights assessment in frameworks of inter-State responsibility allocation.

Navigating The Grey: Simplifying The Legal Complexities Of Live-In Relationships And Evolving Jurisprudence

Mr. Anubhav Pandey·Sep 19, 2026·10.5281/zenodo.22847739

The traditional framework of family law, which has historically linked legal rights and responsibilities to formal marriage, increasingly encounters the realities of contemporary cohabitation. Live-in relationships and other de facto unions challenge a legal framework that does not always provide clear rules concerning maintenance, children’s rights, residence, and property. This article looks at the movement from a mainly formalist and morality-focused model to a functional approach that takes into account the real features of domestic relationships. Using functionalism and social constructivism, the article treats the family both as a legally created status and as a social institution whose meaning is shaped by patterns of cohabitation, economic interdependence, caregiving, and public recognition. It looks at three areas of legal uncertainty: the availability of financial support after separation, the protection of children no matter what the parents’ marital status is, and how property is divided when the formal title does not match the domestic contribution. The article gives attention to the Indian framework under the Protection of Women from Domestic Violence Act 2005 and the Supreme Court’s treatment of relationships ‘in the nature of marriage.’ It also references Marvin v. Marvin in the United States and Stack v. Dowden in the United Kingdom for comparison. The article points out gaps that arise because there is no statutory regime for adult cohabitation. These gaps include uncertainty about evidentiary thresholds, property consequences, and the legal effect of commitments. It proposes a three-analytical framework that relies on temporal stability, social manifestation, and economic integration. The article concludes that judicial development can reduce vulnerability. It cannot fully replace clear legislation. Predictability would be enhanced through well-designed agreements of cohabitation and statutory criteria without compromising personal freedom.

Reassessing Child-Centred Justice Under The POCSO Act, 2012: Implementation Gaps, Institutional Coordination And Access To Justice In India

Richa Shukla·Sep 19, 2026·10.5281/zenodo.22847802

The Protection of Children from Sexual Offences Act, 2012 (POCSO) created a specialised legal architecture for responding to sexual offences against persons below eighteen years of age. Yet the existence of a specialised statute does not, by itself, guarantee effective protection. This article reassesses POCSO through the connected stages of disclosure, reporting, investigation, medical and psychosocial support, adjudication and post-trial rehabilitation. It argues that the principal implementation problem is not simply the absence of legal rules but fragmentation across institutions that must act at different stages of the same child-protection pathway. The analysis is doctrinal and qualitative and draws upon the POCSO Act, the POCSO Rules, the post-2019/2020 legal framework, selected Supreme Court decisions, government materials and peer-reviewed scholarship. Recent judicial developments also demonstrate the continuing importance of sensitivity, privacy, fair process and careful interpretation of sexual-offence provisions. The article proposes a six-dimension effectiveness model comprising legal, institutional, procedural, judicial, psychological and rehabilitation dimensions. Rather than treating case registration or conviction as the sole indicators of success, the paper proposes a child-centred outcome framework that asks whether a child can disclose safely, participate without avoidable trauma, obtain timely support and receive meaningful protection after adjudication. The article concludes that implementation should move toward an integrated prevention–protection–prosecution–rehabilitation model supported by continuous training, inter-agency protocols, case-management systems, privacy safeguards and evidence-based evaluation.

Book Review on A Poision Like No Other By Matt Simon Everywhere And Ungoverned: Micro Plastics, Law, And The Unfinished Argument Of A Poison Like No Other

Avula Vishnu Smarana·Sep 18, 2026·10.5281/zenodo.22834704

This book, A Poison Like No Other: How Microplastics Corrupted Our Planet and Our Bodies by Matt Simon, is not a legal document. It's science reporting; a product of the field visits to sampling sites in the atmosphere and interviews with toxicologists, not case histories or legislation. But the book's argument comes down to a legal question (although the question isn't always stated that way): Can such a diffuse pollutant, so chemically anomalous and so completely integrated into consumer life be controlled by the means already available to democracy? As a science writer at Wired, Simon follows microplastic particles to the ocean, to soil, to the atmosphere, to humans' blood, lungs, and placentas, and then in a fifth chapter, poses the question: "What can be done about it? His response, which comes largely not from his analytical voice, but from the voices of scientists and advocates he interviews, is unequivocal: voluntary measures and individual behavior change is not going to address a problem this large, and its only binding regulation that can work, not consumer regulation. Judith Enck, a former EPA regional administrator, explains to him that "individual consumer action, although good, is insufficient to alter the path [1] . “This is a systemic issue” [2] . [1] Matt Simon, A Poison Like No Other: How Microplastics Corrupted Our Planet and Our Bodies 167 (2022). [2] Id.

Cross-Border Consumer Protection In E-Commerce: Evaluating The Effectiveness Of Local Consumer Laws Against Fraudulent International Sellers

Riya Sinha·Sep 18, 2026·10.5281/zenodo.22834751

The rapid proliferation of global e-commerce has fundamentally transformed consumer behavior, enabling seamless transactions across international borders. However, this digital expansion has simultaneously exposed consumers to heightened risks of cross-border fraudulent practices, including non-delivery of goods, counterfeit products, and deceptive marketing. This paper evaluates the operational effectiveness of domestic (local) consumer protection laws when applied to fraudulent international sellers, with a dedicated focus on the evolving Indian regulatory landscape. By examining jurisdictional hurdles, choice-of-law dilemmas, and the systemic challenges of cross-border enforcement, the research highlights a critical regulatory gap. While domestic frameworks—such as India's Consumer Protection Act, 2019 , the EU's Consumer Rights Directive, or the US Federal Trade Commission guidelines—offer robust internal protections, their extraterritorial enforcement remains severely limited. The study analyzes the pivotal role of international cooperation frameworks alongside specific Indian statutory provisions, concluding that safeguarding the digital marketplace requires a shift from isolated local legislation to harmonized international enforcement mechanisms and decentralized, tech-driven dispute resolution platforms.

Freebie Schemes: A Threat To Constitutional Principles? A Critical Analysis Of Electoral Populism, Welfare State And Fiscal Constitutionalism In India

Mr. Sourav Kar·Sep 18, 2026·10.5281/zenodo.22829248

The freebie economy is emerging as a contemporary threat to Constitutional Principles. Increasing prominence of “freebie politics” in Indian elections has generated an important Constitutional debate concerning the relationship between welfare governance and electoral competition. The consistent promise of cash transfers, free electricity, subsidised goods and services, loan waivers, free transport, financial assistance and other material benefits in election manifestos by the political parties in the name of development or advancement and social justice in furtherance of Directive Principles of State Policy, is creating serious concerns relating the free and fair elections, equality, public accountability, fiscal responsibility and inter-generational justice. The constitutional difficulty lies in distinguishing legitimate welfare measures from electoral inducements. Generally the judiciary has no power to interfere with the economy policy of the State. However in 2013 the Supreme Court raised a serious concern regarding the voter’s manipulation while denying it as a corrupt practice and direct to modify the Model Code of Conduct to the Election Commission of India. Therefore judiciary accepted the principle that welfare promises cannot be prohibited merely because they involve public expenditure, rather it is permitted while maintaining electoral purity. This article argues that the constitutional answer does not lie in an absolute prohibition of welfare expenditure. Rather, India requires a constitutional and institutional framework that distinguishes rights-based welfare from electorally targeted freebies through the tests of public purpose, rationality, fiscal sustainability, transparency and electoral influence. Applying the Doctrinal Analytical Legal Research and by using various Primary and Secondary Sources it proposes an institutional legal framework, mandatory fiscal-impact statements, electoral manifesto guidelines, strengthened Election Commission guidelines, independent fiscal scrutiny, post-election manifesto accountability and greater legislative regulation.

Role Of Legal Aid In Safeguarding The Prisoners' Rights In India

Ashish Shukla·Sep 18, 2026·10.5281/zenodo.22828444

The idea of legal aid in India is rooted in the principle of ensuring equal access to justice for everyone, regardless of their financial or social position. This becomes especially important in the context of prisoners, whose basic rights are often at risk within the criminal justice system. A significant share of India’s prison population consists of undertrial prisoners who remain behind bars for long periods, largely due to poverty, lack of education, limited awareness of their rights, and inadequate legal support. Legal aid, recognised under Article 39A of the Constitution and given statutory backing through the Legal Services Authorities Act, 1987, plays a crucial role in protecting key rights of prisoners. These include the right to a fair and speedy trial, access to bail, the ability to file appeals, and the right to be treated with dignity. The Supreme Court, through decisions such as Hussainara Khatoon v. State of Bihar , Sheela Barse v. State of Maharashtra , and Legal Aid Committee v. Union of India , has firmly established that access to legal aid is an essential part of the right to life and personal liberty under Article 21. However, despite these strong legal foundations, the actual delivery of legal aid continues to face several challenges. There is a shortage of adequately trained lawyers, monitoring mechanisms are weak, many prisoners are unaware of their rights, and administrative delays further slow down the process. Addressing these gaps requires practical steps such as strengthening legal aid clinics within prisons, making use of technology for remote legal consultations, and conducting regular awareness programmes for inmates. When effectively implemented, legal aid not only protects the rights of prisoners but also supports the broader goal of reform and rehabilitation, helping to build a more just and humane criminal justice system in India.

When Crime Meets Insolvency: Reconciling PMLA Attachment With Value Maximization Under The IBC

Mohd Malik Chauhan·Sep 18, 2026·10.5281/zenodo.22835051

The resolution of a corporate debtor under the Insolvency and Bankruptcy Code, 2016 (“IBC”) increasingly collides with the exercise of attachment and confiscation powers by the Enforcement Directorate (“ED”) under the Prevention of Money Laundering Act, 2002 (“PMLA”) [1] . Both statutes carry non-obstante clauses and pursue distinct public objectives — the IBC seeks time-bound resolution and maximization of the value of a corporate debtor's assets for the collective benefit of creditors, while the PMLA seeks to deprive offenders of the economic benefit of crime. This paper examines whether Section 32A of the IBC, inserted in 2020 [2] to grant a “clean slate” to successful resolution applicants, genuinely reconciles these objectives or merely defers the conflict. Tracing the doctrinal architecture of both statutes and the evolving case laws — from Solidaire India through Embassy Property Developments, Manish Kumar, Vijay Madanlal Choudhary, and the recent, procedurally contested Kalyani Transco litigation concerning Bhushan Power and Steel Limited [3] — the article argues that Section 32A protects the resolved corporate debtor and a bona fide resolution applicant, but leaves unresolved the treatment of attached assets during the Corporate Insolvency Resolution Process itself, the jurisdictional competence of insolvency tribunals over PMLA determinations, and the risk that unrestrained attachment before plan approval erodes the very asset value the IBC exists to preserve. The article situates this tension within the Committee of Creditors' commercial wisdom and proposes calibrated procedural and institutional reforms. [1] Insolvency and Bankruptcy Code 2016; Prevention of Money-Laundering Act 2002. Both statutes are analysed in detail in Part IV below. [2] Insolvency and Bankruptcy Code (Amendment) Act 2020 (Act 1 of 2020), s 10, inserting s 32A into the Insolvency and Bankruptcy Code 2016, with effect from 28 December 2019. [3] These authorities are cited in full where first discussed in Parts V–VII below.

Digital Overreach In GST: Digitized Taxation And Constitutional Guardrails For Taxpayer Rights

Abhishree Basavanna·Sep 17, 2026·10.5281/zenodo.22815697

The introduction of the Goods and Services Tax Act, 2017, set the stage for the paradigm shift in taxation in India with technology driven framework. This included systems such as Goods and Services Tax Network (GSTN), automated compliance models and e-invoicing. As this progress aimed to streamline supervisory systems, improve efficiency and restrict tax evasion, it parallelly resulted in a key concern, which was the emergence of “digital overreach”, by which algorithm-driven decision process undermines the taxpayers’ procedural rights lacking proper legal safeguards and judicial oversight. In the light of these circumstances, the study focuses on analysing whether the growing reliance on opaque digital systems for issuing notices, blocking input tax credits, and conducting risk-based assessments are aligned with the guarantees of equality and freedom of trade under Articles 14 and 19(1)(g) of the Constitution of India. It also aims to analyse the constitutional consequences of such algorithmic tax administration with respect to procedural due process and principles of natural justice. The study adopts doctrinal methodology with an interdisciplinary approach, integrates analysis of constitutional provisions and judicial precedents with insights of the working of digital tax model. Landmark judgements are examined to evaluate the applicability of established principles of fairness, reasoned decision-making, and proportionality in the context of algorithmic governance. The paper discusses that automated decision-making within the GST framework usually works through ambiguous and arbitrary models, which leads to undermining the essentiality of clear and purposeful opportunity to be heard. It further opines those existing standards of judicial review stands limited in resources to deal with the complexities presented by technology-driven administration. The study observes that the lack of transformed judicial scrutiny in the domain creates a major constitutional gap, where efficiency in tax administration risks dominating fundamental procedural protections. It reveals that there is a vital need to realign judicial review by adopting protocols such as mandatory disclosure of reasons in automated actions, the integration of human oversight in critical decisions, and the strengthening of procedural guarantees for taxpayers.

Justice And Gender: True Crime Media Portrayals Of Women In Digital Platforms

Japjeet Kaur Arora·Oct 9, 2026·10.5281/zenodo.23266541

The true crime theme has become a dominant digital genre, with its increasing popularity on platforms like Netflix, YouTube and Spotify, completely transforming the perception of crime, justice and gender in society. Even though the platforms claim to be spreading awareness amongst viewers about gender based violence, they present patriarchal stereotypes when women are portrayed as “deviant perpetrators” or “ideal victims”. It reinforces the gender roles rather than dismantling them (Cavender & Bond-Maupin, 1993). Meanwhile, the women from marginalised communities are vastly underrepresented, especially the Dalit, Black and migrant women. The digital erasure mirrors deeply rooted social inequalities (Slakoff & Duran, 2023). The crime media often engage in activities that violate the right to privacy, the right to dignity and the right to fair trial. When the sensationalised content streams across platforms, the victims and their families get re-traumatised. This highlights the clash between the freedom of speech and expression and the rights of an individual (Rodríguez & Lopez-Figueroa, 2022). Additionally, the feminist legal scholars opine that the true crime leads to the commodification of women’s sufferings, transforming the trauma into consumable content for the viewers (Cassandra, 2023). Such portrayals lead to legal and ethical contestations. This paper aims to critically examine the intersection of law, justice, sex and digital media by analysing how true crime shapes the image and perception of women, causing systematic biases. It draws on privacy laws, feminist jurisprudence and case studies across the globe, showing the implications of digital portrayal of women involved in crimes. This paper also argues for regulatory reforms and demands stronger privacy, protection and accountability mechanisms to ensure that true crime media does not cross the boundaries and alliance with feminist legal principles. The ultimate aim of this study is to contend that without the reforms, digital crime will become a form of “trial-by-streaming” where women’s dignity will be crucified for the sake of entertainment.

Constitutional And Legal Dimensions Of Welfare Schemes In The State Of Tamil Nadu

Dr. K. Sangeetha·Oct 8, 2026·10.5281/zenodo.23244840

Welfare Schemes constitute an important Instrument through which the State seeks to translate Constitutional commitments to Social Justice, Equality and Human Dignity into practical benefits for Citizens. Tamil Nadu has historically developed an extensive network of Welfare Programmes covering Food Security, Education, Healthcare, Social Security, Women and Child Welfare, Housing, Livelihood Support, Pensions and assistance to Vulnerable Groups. These Schemes raise important Constitutional and Legal questions concerning the Directive Principles of State Policy, Fundamental Rights, Legislative Competence, Equality, Administrative Discretion, Public Finance, Accountability and Judicial Review. This Article examines the Constitutional Foundation and Legal Dimensions of Welfare Schemes implemented by the State of Tamil Nadu. It analyses Articles 14, 15, 16, 21, 21-A, 38, 39, 41, 42, 43, 45, 46, 47 and 282 of the Constitution, together with the Federal Distribution of Legislative and Executive Powers. It further examines the Transformation of several Welfare objectives from non-justiciable Directive Principles into enforceable Rights through Legislation and Judicial Interpretation. Landmark decisions such as Minerva Mills Ltd. v. Union of India, Olga Tellis v. Bombay Municipal Corporation, Paschim Banga Khet Mazdoor Samity v. State of West Bengal, People's Union for Civil Liberties v. Union of India and S. Subramaniam Balaji v. Government of Tamil Nadu are considered. The article argues that Welfare Schemes are Constitutionally Legitimate when designed to advance Social Justice, but their implementation must satisfy the requirements of Equality, Transparency, Legality, Financial Responsibility and Administrative Fairness.

FROM PUBLIC SPENDING TO CLEAN-AIR OUTCOMES: EVALUATING THE EFFECTIVENESS OF THE NATIONAL CLEAN AIR PROGRAMME IN RAJASTHAN - An empirical assessment of PM10 outcomes, public expenditure, implementation capacity and climate co-benefits (2019–20 to 2025–26)

Dr. Ameesha Singh, Mr. Uttam Solanki·Oct 8, 2026·10.5281/zenodo.23242305

This study evaluates the effectiveness of the National Clean Air Programme (NCAP) and related public air-quality expenditure in Rajasthan through a comparative empirical assessment of five cities—Jaipur, Jodhpur, Kota, Udaipur and Alwar. Using secondary data from government and programme sources, the study examines annual PM10 concentrations against the 2019–20 baseline and compares these outcomes with reported public air-quality fund utilisation. The results reveal substantial inter-city variation. Between 2019–20 and 2025–26, Jodhpur recorded the largest decline in PM10 (31.1%), followed by Udaipur (22.1%) and Alwar (17.5%), while Jaipur and Kota recorded increases of approximately 14.5% and 13.7%, respectively. The five-city average declined by approximately 11.0%. The financial data show that approximately ₹812.91 crore was released across the five-city sample and ₹604.47 crore was utilised, representing 74.36% utilisation. The comparison does not establish a simple relationship between expenditure and pollution reduction: Jaipur had the highest utilisation rate but experienced deterioration, whereas Jodhpur achieved the strongest improvement with a lower utilisation rate. The study therefore argues that financial absorption should be treated as an input indicator rather than an effectiveness indicator. Drawing on the wider NCAP literature, the paper further shows the importance of source-specific intervention, monitoring quality, meteorological conditions, institutional coordination and enforcement. It proposes an outcome-oriented governance framework for Rajasthan in which expenditure is linked to verified pollution reduction, population exposure, implementation quality and credible climate co-benefits.

International Commercial Arbitration: A Global Framework For Resolving Cross-Border Trade Disputes

Neeharika Mishra·Oct 8, 2026·10.5281/zenodo.23242142

Over the past several decades, International Commercial Arbitration (ICA) has steadily won for itself the position of foremost dispute-resolution mechanism amongst parties engaged in cross-border commercial dealings. Its ascendancy owes itself to three foundational virtues: impartiality in proceedings, suppleness of procedure, and the trustworthiness of enforcement across national frontiers. This article undertakes a searching examination of ICA's theoretical foundations, the institutional ecosystem that sustains it, and its procedural architecture. Central to this analysis is a critical appraisal of the relationship binding sovereign legal systems to the international arbitral order, shaped in no small measure by the New York Convention and the UNCITRAL Model Law. The article further interrogates a range of structural difficulties that continue to beset the field: misgivings over arbitrator partiality, escalating costs, delay in enforcement, and the questions of legitimacy that dog investor-state dispute mechanisms. Viewing these concerns through the lens of reform, this paper advances a series of proposals, ranging from institutional coordination and digital transformation to the embedding of environmental and human-rights obligations within commercial arbitration frameworks. Ultimately, the paper contends that ICA stands not merely as a legal instrument but as an integral pillar of global economic governance and diplomatic statecraft in the present age.

Platform Justice: Algorithmic Management, Worker Deactivation And Due Process In India's Gig Economy

Swethasree S·Oct 8, 2026·10.5281/zenodo.23242366

Digital platforms have changed how work is organised in India. Ride-hailing, food delivery and home services give millions of people an income, yet most of these workers are called “partners”, not employees. Software assigns their tasks, sets incentives, tracks performance and can cut off their access to work, often without explanation. This paper examines algorithmic deactivation: the suspension, blocking or termination of a worker’s access to a platform through automated or partly automated systems. It argues that deactivation is not only a contractual matter. Where platform work is a main source of income, unexplained or arbitrary deactivation raises real questions of fairness, equality, privacy and access to justice. The paper reviews the Code on Social Security, 2020, Articles 14, 19 and 21 of the Constitution, the Rajasthan and Karnataka laws, and the ILO and EU approaches. It finds that India now recognises gig workers but does not yet regulate algorithmic management itself. It proposes a rights-based framework built on notice, reasons, human review, appeal, interim protection and independent oversight, while leaving platforms free to act against genuine misconduct.

The Scope And Limits Of SEBI's Regulatory Power Under Sections 11 And 11b Of The SEBI Act, 1992 - Retail Participation Restriction in India's Derivatives Market

Shruti R·Oct 8, 2026·10.5281/zenodo.23242198

Retail participation in India’s equity futures and options (F&O) market has grown sharply, helped by digital platforms, easier broker access and lower costs. The growth has brought heavy losses. SEBI’s January 2023 analysis found that 89 per cent of individual F&O traders lost money in 2021-22, and a later study covering 2021-22 to 2023-24 found that 93 per cent lost money over three years, with aggregate losses above ₹1.8 lakh crore. In response, SEBI changed contract sizes, expiry-day products, option premium collection, margins and position limits during 2024-25. None of these prohibits retail trading, but several raise the cost of entry. The central legal question is whether measures framed as investor protection can curtail access to an otherwise lawful market. SEBI’s authority comes from Sections 11 and 11B of the SEBI Act, 1992, and Section 11(4)(b) allows it to restrain specific persons from the market. The 2024-25 measures, however, apply to retail investors as a class, not to identified wrongdoers. The study asks not whether retail F&O trading is desirable, but whether SEBI’s approach lies within its statutory powers and balances protection with access. Article 19(1)(g), which protects the freedom to carry on a trade or business subject to reasonable restrictions under Article 19(6), adds a constitutional side.

Vaccine Patents, mRNA Technology Transfer And The Right To Health: Reassessing India's Intellectual Property Framework For Future Pandemics

Gregory Koshy Thomas, P. Nithiyashri·Oct 8, 2026·10.5281/zenodo.23242413

The COVID-19 pandemic exposed a structural weakness in the relationship between pharmaceutical patent protection, manufacturing capacity and the right to health. India and South Africa’s 2020 proposal to suspend selected obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) challenged a system in which vaccine innovation was globally valuable but production remained geographically concentrated. The debate cannot be reduced to a choice between patents and public health. Patents may support investment and rapid innovation, yet exclusive rights, trade secrets, supply contracts and national procurement policies can together restrict timely access to life-saving technologies. The mRNA experience adds a further complication: a patent waiver may remove liability for infringement without transferring the tacit know-how, process controls, regulatory data and skilled personnel required to reproduce a vaccine at scale. This article argues that India’s future-pandemic framework should retain patent incentives while converting public-health safeguards from dormant exceptions into operational access architecture. The proposed framework combines a pandemic-triggered compulsory-licensing pathway, government-use powers, transparency obligations, public-funding conditions, disclosure of relevant patent and know-how information, advance manufacturing agreements, and sustained investment in regional technology-transfer and fill-and-finish capacity. India should use its constitutional commitment to social welfare and its experience as a supplier of affordable medicines to advocate a treaty-compatible system in which access; technology transfer and innovation are designed together rather than sequenced after a crisis.

Doctrine Of Ostensible Authority Of Partners: A Study Of Partner Liability In Modern Commercial Transactions

Nandana Pradeesh·Oct 7, 2026·10.5281/zenodo.23215306

Partnership is founded on the premise that each partner is an agent of his partners and of the firm. But, in many cases, the inner conditions of that agency remain unknown to outsiders. This raises a fundamental problem what if one partner does something unauthorized, the agency of which was restricted, but the bona fide third party was unable to know this? Ostensible authority, now embedded in Sections 18 to 20 of the Indian Partnership Act, 1932, overcomes this tension by making the firm liable for those actions of a partner that appear to fall within his authority, and, if not for those inner restrictions, would otherwise bind the firm. The law treats a partner, vis-a-vis innocent outsiders, as an agent of the firm with as much authority as the firm’s business requires. This paper critically analyzes the statutory framework governing ostensible authority, with particular attention to how the phrase “usual course of business” has been interpreted by the Indian judiciary, and to the scope of the notice requirement under Section 20 in relation to the firm’s exposure to liability. It uses relevant Indian case law, contemporary English judicial experience, comparative material from English Law and available academic work, to evaluate whether the Indian framework provides a fair balance between securing innocent, yet unsuspecting, third parties and protecting innocent, inactive partners from disproportionate liability. It argues that while ostensible authority provides a robust safety net, a more formalized scheme for registration of some restrictive authorities could result in a better equilibrium.

Inclusive Growth Of Transgenders: A Road To Social Justice

Ms. Sharmila H.S, Nivedita Vernekar·Oct 7, 2026·10.5281/zenodo.23214777

Transgender are also the creation of the God like the Binary. They are the part of the society and have equal rights. The presence of transgender of late is increased and call for protection. The existing literature shows that transgenders are facing numerous problems in the society such as sexual harassment, lack of medication, employment opportunities, false arrest and physical and verbal violence. Although the existing policies and legislation such as Article.14, Article 15, Article 16, Article 19, Article 21 of the Indian Constitution and Transgender Persons (Protection of Rights) Act, 2019 provides for the equal opportunities and restricts discrimination, Yet inclusiveness is lacking. The object of writing this paper is to analyze the protection of Transgender Act and to identify the challenges faced therein towards the Inclusive. This paper is divided into two parts firstly, analysis of the Act. The second part focuses on the Inclusiveness of Transgenders i.e, the Identification of the challenges faced by the Transgender community such as Racism, abused and ridiculed in public places, parents kick them out of the house, social exclusion, human trafficking, disrespect, rejection of entry. This paper concludes by offering suggestions and call for the need for inclusive of transgenders and how it leads to social justice.

Media's Role In Shaping Views On Same-Sex Marriage In India

Ritu Bhati·Oct 7, 2026·10.5281/zenodo.23217198

This paper examines the evolving role of mass and digital media in shaping public and legal perceptions of same-sex relationships and marriage in India. Drawing an initial comparative parallel with political and media shifts in the United States, the study categorizes modern Indian media into legacy television broadcasting, digital influencers, and grassroots social media journalists. It traces the historical progression of Indian cinema and broadcasting from post-independence silence, Victorian legal moralism, and effeminate, villainized stereotypes (between 1950 and 2010) to the post-Naz Foundation emergence of more sensitive, progressive storytelling. However, the paper argues that contemporary Indian media perpetuates a counterintuitive dilemma: by framing LGBTQIA+ characters solely through their sexual orientation and coming-out trauma rather than integrating them into broad, everyday narratives, media institutions pigeonhole queer identity as an all-consuming feature rather than a normative aspect of life. This reductionist lens—mirrored across television debates and regional social media content—continues to sever queer civil liberties from universal human rights, inadvertently hindering genuine societal consensus toward same-sex marriage legalization.

The Gap Between Two Bills - Why Legal Education Should Have Its Own Regulator

Mayank Vasdev·Oct 7, 2026·10.5281/zenodo.23214338

The Bar Council of India in August this year had directed all State Bar Councils across the country to not enrol the 2026 batch graduates of NALSAR University of Law. This incident involved a protest campaign by the students against the Chief Justice of India who was to be the chief guest for their convocation. The communication was amended and withdrawn within hours, but the petitioners who had taken the case to the Supreme Court claimed that this withdrawal was not sufficient to provide an answer to the question that the episode had raised. On 3 September 2026, a Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana agreed. The Court held that the Advocates Act, 1961 confers no power, express or implied, on the Bar Council of India or the State Bar Councils to take disciplinary action against a law student; that such power arises only once a graduate is enrolled as an advocate; and that disciplinary authority over students rests with the institution in which they are enrolled. The communications of 13 August were declared to be without authority of law. One sentence in that order deserves more attention than it has received. The Bar Council of India, the Court said, may prescribe and enforce standards of legal education in accordance with the statutory provisions &mdash; it cannot take disciplinary action against a law student. The Court thereby drew a line that the Advocates Act itself has never drawn clearly: between regulating an educational system and governing the people inside it. The stakes of that clarification are heightened by NALSAR's own standing within Indian legal education: the university has consistently ranked third nationally in the Law category of the National Institutional Ranking Framework, behind only NLSIU Bangalore and NLU Delhi. A regulatory overreach visited upon one of the country's most highly regarded law schools was, in that sense, a signal to the entire sector about how thin the line between academic governance and professional discipline had become. [1] The episode is worth remembering, but it is not the argument. The argument is what the episode exposed &mdash; that India has, twice over in the past year, declined to think seriously about who should regulate legal education, and that the subject has fallen into the gap between two pieces of legislation. [1] Pritha Roy Choudhury, 'NIRF Ranking 2025 Law: NLSIU Bangalore Still the Best; NLU Delhi, NALSAR Hyderabad Retain 2nd, 3rd Spots' ( Careers360 , 4 September 2025) <https://news.careers360.com/nirf-ranking-2025-law-nlsiu-bangalore-top-college-nlu-delhi-nalsar-hyderabad-wbnujs-kolkata-gnlu-gandhinagar-symbiosis-pune-nba> accessed 27 September 2026.

Trademark Infringement versus Public Health: The Conflict Between Anti-Counterfeiting Laws And Access To The Generic Medicines

Khushboo Aggarwal·Oct 7, 2026·10.5281/zenodo.23214540

The interface Between intellectual property right and public health has emerged as one of the most contested terrains of contemporary IPR Jurisprudence. We often think of trademark law as something that protects consumers from confusion. And in medicines, that protection becomes even more critical because a mistake can cost a life. But the same law, when it is stretched beyond its purpose through border enforcement and anti-counterfeiting rules, can actually block access to life-saving drugs. This paper started from a very simple question - what happens when a generic medicine, which is legal, licensed and has its own distinct brand name, is stopped at a port because it looks similar to a big pharma brand? In 2008-09, Dutch customs did exactly that. They seized 19 consignments of Indian generics which were not even meant for Europe, they were going to Brazil, Nigeria and Peru under the UNITAID programme. India today is called the Pharmacy of the World for a reason. We supply about 20% of global generic exports and almost 62% of anti-retroviral drugs used in Africa. So when you stop an Indian generic, you are not just stopping a trademark issue, you are stopping a patient's treatment. Through this research, I have tried to show that the real problem is conflation - we are mixing three different things under one word "counterfeit". Spurious drugs under the Drugs and Cosmetics Act is a quality issue, counterfeit trademark goods under the Trade Marks Act is an IPR issue, and generic drugs are a completely legitimate category. WHO itself understood this confusion and in 2017 dropped the term counterfeit and adopted Substandard and Falsified. India still has not. This paper analyses TRIPS Footnote 14, the EU Regulations, ACTA, WTO dispute DS408, Indian case law like Cadila and Novartis, and comparative law from USA, EU, Brazil and South Africa, to argue that our current customs rules are TRIPS-plus and violate Articles 7, 8, 41 of TRIPS and GATT Article V. I have proposed a concrete model clause - a public health defence under Section 30 of the Trade Marks Act.

Corporate Rescue Mechanisms Under The Companies Act, 2013: Tracing The Evolution Toward The Insolvency And Bankruptcy Code, 2016

Myiesha Chanana·Oct 4, 2026·10.5281/zenodo.23138978

Legal actions intended to rehabilitate financially troubled but viable businesses, mostly through restructuring as opposed to liquidation, are referred to as corporate rescue. The Companies Act, 1956, marked the beginning of India's legislative journey in this field by providing for court-approved agreements and concessions that permitted businesses to rearrange their ownership and debt arrangements. Sections 230 to 240 of the Companies Act of 2013 significantly improved and unified these rules in order to protect stakeholder interests and enable prompt restructuring. With the creation of the National Company Law Tribunal (NCLT) under the 2013 Act, corporate adjudication became more specialized and effective. Procedural delays, disjointed forums, and a lack of a strong, cohesive insolvency procedure were among the issues that continued to exist, nevertheless. The bankruptcy and Bankruptcy Code (IBC), 2016, which established a time-bound and creditor-centred bankruptcy framework for businesses, was enacted as a result of these problems. This paper argues that by including the concepts of openness, equity, and organized corporate rescue, the Companies Act of 2013 established crucial procedural and legal foundations for India's contemporary insolvency framework. Later, this framework developed into the more organized and successful IBC regime.

Effect of Specific Drill Training on Shooting Ability of School-Level Football Players

Meena Kumari, Dr. Rajat Sukladas·Oct 4, 2026·10.5281/zenodo.23138468

The purpose of this study was to investigate the effect of specific drill training on the shooting ability of school-level football players. Shooting ability is a crucial technical skill that directly influences scoring opportunities and match outcomes in football. Thirty school-level football players participated in a six-week specific drill training programme. A single-group pre-test and post-test experimental design was adopted. Shooting ability was measured using the Kicking Accuracy Test. Data were analysed using descriptive statistics and a paired sample t-test. The results indicated a significant improvement in shooting ability following the training intervention. The calculated t-value (8.51) exceeded the tabulated value (2.045) at the 0.05 level of significance. The study concluded that specific drill training significantly improves shooting ability among school-level football players.

Natural Justice In The Age Of Artificial Intelligence: Reassessing Audi Alteram Partem In Automated Administrative Decision-Making

Mr. Vaibhav Chaudhary, Ms. Srishti·Oct 4, 2026·10.5281/zenodo.23138869

Indian administrative law recognises audi alteram partem as an important component of the constitutional guarantee of fairness under Articles 14 and 21. The principle is based on the expectation that an affected person should be able to understand and respond to the material on which a decision is made. The increasing use of artificial intelligence in administrative decision-making raises concerns about this assumption, particularly where the working of an algorithm is not readily accessible. Adopting a doctrinal and comparative approach, this article examines three forms of AI involvement in decision-making and considers the Bombay High Court&rsquo;s decision in KMG Wires Pvt. Ltd. v. National Faceless Assessment Centre (2025 ) and the Supreme Court&rsquo;s decision in Pooja Ramesh Singh v. Jammu & Kashmir Bank Ltd. (2026) , alongside selected developments from the EU, Netherlands and United States. The article argues that the key concern is whether affected persons can meaningfully challenge decisions when relevant inputs and reasoning remain inaccessible. It proposes a limited shift in the burden of establishing prejudice where algorithmic opacity prevents such prejudice from being fairly assessed.

The Role Of International Environmental Conventions In Shaping Domestic Environmental Law: A Critical Analysis With Special Reference To India

Sakshi Bali·Oct 3, 2026·10.5281/zenodo.23122205

Environmental problems have never fitted neatly within political boundaries. Pollution can cross borders through air and water, hazardous waste can be transported from one country to another, and greenhouse gas emissions affect the global climate irrespective of where they originate. International environmental conventions have consequently become an important part of environmental governance. Their influence, however, does not end with international negotiations. The more interesting legal question is what happens when these commitments enter domestic legal systems. This article examines how international environmental conventions have shaped Indian environmental law, with particular attention to the Stockholm Conference of 1972, the Rio Declaration of 1992, major environmental conventions and protocols, and the development of Indian environmental legislation and judicial principles. It argues that the influence of international environmental law in India has operated through three principal routes: legislative implementation, constitutional interpretation and judicial development of environmental principles. At the same time, international commitments do not automatically become enforceable domestic law. The gap between international promises and domestic implementation remains a significant limitation. The Indian experience therefore shows that the real legal impact of an environmental convention is determined not simply by ratification, but by what the State subsequently does with the obligation.

Workplace Sexual Harassment Of Women: A Critical Study Of The Posh Act, 2013

Nikita Singh·Oct 3, 2026·10.5281/zenodo.23122095

Workplace sexual harassment represents one of the gravest violations of gender equality and human dignity in contemporary India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to address a deep and systemic lacuna in Indian labor law and constitutional jurisprudence. Born from the landmark Supreme Court judgment in Vishaka v. State of Rajasthan (1997), which laid down binding guidelines in the absence of legislation, the POSH Act codified and expanded those protections into a comprehensive statutory framework. This dissertation undertakes a critical study of the POSH Act, 2013, examining its conceptual foundations, structural design, operational mechanisms, and constitutional underpinnings. The research situates the Act within the broader framework of Articles 14, 15, 19, and 21 of the Indian Constitution, analyzing how the right to equality, non-discrimination, free expression, and personal dignity converge in the context of gender-based violence at work. It examines the definitions of sexual harassment, the scope of the Act, the roles of the Internal Committee and Local Committee, complaint procedures, evidentiary standards, penalties, and the protections available to the complainant. The study also identifies significant implementation challenges that continue to undermine the Act's efficacy, including inadequate awareness among employees, failures of institutional compliance, procedural gaps, and the structural vulnerabilities of women in the informal economy who remain largely outside the Act's protective ambit. The research draws on judicial pronouncements, empirical studies, comparative analysis with international frameworks including CEDAW and the ILO Convention No. 190, and scholarly commentary to offer a nuanced critique of the Act's strengths and limitations. The dissertation concludes with reform recommendations aimed at strengthening the Act's coverage, improving complaint mechanisms, enhancing accountability structures, and embedding a culture of dignity and respect within India's workplaces. The central argument is that while the POSH Act represents a landmark achievement in gender jurisprudence, it requires legislative, regulatory, and institutional reform to fulfill its transformative constitutional promise.

Codifying The False Promise: Section 69 Of The Bharatiya Nyaya Sanhita, 2023 And The Uneasy Migration Of 'Deceitful Means' From Rape Jurisprudence To A Standalone Offence

Maahi Sahu·Oct 2, 2026·10.5281/zenodo.23108080

A Socio-Legal Analysis Of Human Rights Violations In Media-Driven Criminal Trials

Dhriti Sachdeva·Oct 15, 2026·10.5281/zenodo.23402754

Media has been serving as fourth pillar of the Indian democracy. India is home to diverse culture and religion; each has their separate traditions and practices. To regulate and effectively function, laws, rules, regulations and policies are made for good governance. With change in time, the technological advancement has played an important role in upgrading the knowledge of an individual. The legislature has made certain laws and given statutory powers to government and its officials and organs to exercise its control to maintain peace, public order and law throughout the country. With due respect the government has certain obligations such as to protect every individual from crime, hatred, provide equal opportunity. The government has also limited powers against state to be enforced through fundamental rights. Here we are talking about the key machinery such as media which spread awareness to the public through screening of news, exchange of views globally, knowledge about trade, regulation of currency, all these perceptions reach masses or group of people. But this can hamper public order through this demonstration when acting in official capacity media [1] as source of information portrays and telecast the news, judgements, or controversial issue and spread opinion based upon such information available in databased or raw or already uploaded it is violation of creating misleading claims or derogatory statements without verifying the truth. [1] Gaurav Kamal, Media Trial & Sentencing: Perspectives & Prescriptions ILR, https://patnahighcourt.gov.in/ILR/viewpdf.aspx?T=ARTICLE&ID=Mg%3D%3D-KJBD41z3f%2Fk%3D (last visited Oct 5, 2026).

Beyond The Boardroom Vote: Independent Directors' Liability For Failure To Challenge Management In Related Party Transactions Under Indian Corporate Law

Varshini V S·Oct 15, 2026·10.5281/zenodo.23402595

Related party transactions lie at the heart of many corporate failures in India. The law depends on independent directors to keep promoters and management in check whenever such transactions reach the board and the audit committee. The real question, however, is what follows when independent directors approve a transaction, or let it pass without objection, and it later turns out to be abusive. This article studies the liability of independent directors who fail to challenge management in related party transactions under the Companies Act 2013 and the SEBI Listing Regulations. It reads Section 149(12) together with Sections 166, 177 and 188, and measures the statutory standard against Indian rulings on director liability as well as leading English and Delaware authorities. The article contends that the expression &ldquo;attributable through Board processes&rdquo; turns the quality of the record, that is the questions raised, the documents requested and the dissent recorded, into the true test of diligence. It concludes that casting a vote without inquiry offers no safe harbour, and it recommends clearer regulatory guidance, structured review by audit committees and consistent enforcement, so that diligence is rewarded and passivity is not.

Forced Marriage as a Distinct Criminal Offence: A Human Rights and Criminal Justice Perspective

Diksha·Oct 15, 2026·10.5281/zenodo.23401646

Marriage is social institution in which man and woman forms a pious relationship and strong bonds through the rituals of Saptapadi, Nikah etc. In India there is vibrant culture and religions practices followed according to their old customs and traditions. There is a free contract between the parties to preserve the sanctity of their relationship, but when there is no free will and consent to agree upon forming such relationship and marry another individual the concept of forced marriage comes into existence. This constitutes human rights violation [1] and what remedies can prevent them to avoid forced marriage, what are the consequences faced by the victims. This offence should be criminalized as a separate and distinct offence against humanity [2] and has become issue in national as well as international spheres. This paper will analyse that pre - existing legal framework, studies and acts have laws that prosecute this crime or this became a new emerging issue arising out of gender-based violence and patriarchy. This paper will examine the previous failures of creating consolidated act to prevent victims of forced marriages, whether the families pressure put them into this situation or it is a cultural practice or this concept has its earlier established roots in the world. This paper will include the problem and its solutions, recommendations and need of criminalizing the issue of forced marriages. Although criminalization [3] is welcomed symbolically since it makes a clear statement that forced marriages are undesirable, preventative measures are noticeably lacking. [1] CEDAW 29th session 30 June to 25 July 2003, United Nations , https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm (last visited Oct 11, 2026). [2] Prevention of interference with the freedom of matrimonial alliances (in the name of Honour and tradition): A suggested legal framework., Report No. 242, (last visited Oct 11, 2026) [3] The Sierra Leone web, Sierra Leone Web - SCSL - Taylor Appeals Chamber Decisions, https://www.sierra leone.org/Taylor_Appeals_Chamber_Decisions.html (last visited Oct 11, 2026).

The Insolvency–Privacy Conflict: Regulating The Transfer Of Personal Data During Corporate Insolvency In India

Jeyan Vishnu Vardan·Oct 15, 2026·10.5281/zenodo.23402475

When a company enters insolvency, its customer databases, employee records and user profiles often become some of its most valuable assets. Indian insolvency law treats these assets like any other property to be preserved, shared with bidders and, if needed, sold. Privacy law takes a different view. It treats personal data as something that belongs to the individual and may be used only for a lawful purpose. This article examines how the Insolvency and Bankruptcy Code, 2016 and the Digital Personal Data Protection Act, 2023 collide when personal data must be transferred during a corporate insolvency. It argues that the Code is silent on data protection, that the 2023 Act does not expressly provide for insolvency, and that this gap exposes data principals to avoidable harm. Drawing on Indian constitutional jurisprudence and comparative experience from the United States and the European Union, the article proposes practical reforms, including a data protection duty for insolvency professionals, staged disclosure of data, and a bar on sales that ignore the purpose for which the data was collected.

Security Or Protectionism? India's China FDI Dilemma

Kashvi S, Balpreet Kaur Bhatti·Oct 14, 2026·10.5281/zenodo.23370234

Since April 2020, India&rsquo;s Foreign Direct Investment (FDI) regime has required prior government approval for investments from countries sharing a land border with India, particularly China, under Press Note 3 of 2020 (PN3), issued under the Foreign Exchange Management Act, 1999 and incorporated into the Consolidated FDI Policy. This paper examines the legal framework and evolution of India-China investment relations while analysing PN3 against India&rsquo;s international and constitutional obligations. It evaluates potential tensions with the General Agreement on Trade in Services (GATS), the most-favoured-nation principle, and constitutional guarantees of equality and non-arbitrariness. A comparative analysis of the U.S. CFIUS, EU FDI Screening Regulation, and Australia&rsquo;s foreign investment review framework assesses whether India&rsquo;s country-based approach is proportionate and legally defensible. The paper also examines the termination of the India-China Bilateral Investment Promotion and Protection Agreement, adoption of the 2016 Model BIT, and related measures affecting Chinese businesses, including app restrictions and PLI exclusions. The March 2026 relaxation of PN3, introducing a ten-percent non-controlling beneficial-ownership exemption and time-bound clearances for selected manufacturing sectors, represents a significant recalibration. The paper concludes that India should adopt a transaction-based, transparent, proportionate, and time-bound screening mechanism with sunset provisions to balance national security with its objective of attracting sustainable FDI.

Technology As A Safeguard For Truth - BSA & BNSS

Dr. N. Sudarshan, K. Sainanda·Oct 14, 2026·10.5281/zenodo.23364469

Background and significance of technology in criminal justice In the modern era, the use of technology in the criminal justice system has been widely recognized across the world. This is due to its ability to assist in achieving efficiency, transparency, and greater accuracy in delivering justice. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)and Bharatiya Sakshya Adhiniyam (BSA) have played an important role in enabling this objective by incorporating technology as a tool of proof of truth. Relationship between technology and finding truth Over time, the application of technology has aided significantly in discovering the truth in various areas of life. Its importance includes recording audio-visually any statement of a witness, taking depositions through video conferencing, and admitting electronic records as documentary evidence. These provisions have been incorporated in the BNSS and BSA to enable faster delivery of justice as well as to ensure that all parties to a case &ndash; the witnesses, victims, and the accused, are treated fairly. [1] [1] Bharatiya Nagarik Suraksha Sanhita, No. 46 of 2023, &sect; 2(1)(a) (India).

The Role Of International Cooperation In Combating Terrorism: A Focus On Sedition Laws And National Security

Mr. Damaraju Pradeep Kumar·Oct 14, 2026·10.5281/zenodo.23364889

In the evolving landscape of global security as of 2025, terrorism persists as a transnational scourge, demanding fortified international cooperation amid rising incidents documented in the Global Terrorism Index 2024, which highlights a 22% uptick in South Asian attacks. This critical research article examines the indispensable role of multilateralism in counter-terrorism, centering on the nexus of sedition laws and national security, with a dual lens on India's transformative legal reforms and their resonance in the international arena. India's enactment of the Bharatiya Nyaya Sanhita (BNS) 2023 , effective from July 2024, exemplifies this shift: abolishing colonial-era sedition under Section 124A of the Indian Penal Code and substituting it with Section 152, which penalizes acts endangering sovereignty, unity, and integrity , is now explicitly linked to terrorism under a broadened Unlawful Activities (Prevention) Act (UAPA) framework. While ostensibly enhancing precision against subversive threats, these provisions have sparked diplomatic tensions, as evidenced by Amnesty International's 2024 critiques of over 500 UAPA detentions blurring dissent with terror incitement, mirroring global concerns over free speech erosion. Comparatively, India's approach intersects with international paradigms: the U.S. PATRIOT Act's surveillance expansions post-9/11 parallel UAPA's preemptive arrests , yet foster alliance strains in forums like the Quad ; the EU's 2025 Counter-Terrorism Directive updates emphasize judicial safeguards absent in India's expedited trials, complicating extradition pacts. Drawing on doctrinal analysis and empirical insights from the Global Terrorism Database (1970&ndash;2024) , the study uncovers a 32% correlation in India between stringent anti-sedition enforcement and escalated radicalization in border regions like Jammu and Kashmir, where 2025 cross-border incursions underscore unilateralism's pitfalls. Recent bilateral engagements&mdash; the 21st India-U.S. Joint Working Group on Counter-Terrorism (December 2025) and the 15th EU-India Dialogue (September 2025) , reveal cooperative gains in intelligence-sharing via the Five Eyes adjuncts and GCTF initiatives , yet expose frictions when sedition-like charges hinder joint deradicalization in multi-ethnic contexts. Employing a socio-legal and diplomatic prism, this article critiques how misapplied sedition successors alienate vulnerable populations, undermining the UN Global Counter-Terrorism Strategy's 2025 review pillars: addressing root causes, upholding human rights, and ensuring rule-of-law compliance . In India's federal mosaic, where UAPA's 2024 amendments empowered state-level designations of " terrorists ", such tools risk diplomatic isolation, as seen in stalled SAARC counter-terror protocols amid Pakistan-India distrust. To bridge these chasms, the research advocates a recalibrated global architecture: an India-endorsed UN Sedition Harmonization Protocol, integrating BNS-inspired definitions with graduated, rights-compliant sanctions and cross-jurisdictional oversight. This would amplify soft diplomacy through G20-led capacity-building in fragile states, preempting cyber-sedition and lone-actor threats. By harmonizing India's security imperatives with international norms, which evident in the 2025 India-Indonesia CT Working Group, the protocol could reduce enforcement disparities, bolstering resilience. In sum, international cooperation emerges as the linchpin for India's counter-terrorism efficacy, tempering national security zeal with pluralistic diplomacy. As 2025's dialogues affirm, collaborative governance of sedition analogs not only mitigates threats but fortifies the democratic fabric, paving a pathway for equitable global solidarity against terror's specter.

From Jurisprudential Triumph to Administrative Gridlock: A Comparative Critique of Substantive Due Process and Institutional Competence in India's and America's "Right to Die" Jurisprudence

Nikita Pawar·Oct 13, 2026·10.5281/zenodo.23343170

The comparative constitutional literature on end-of-life rights has long been organised around a single doctrinal contrast: Washington v. Glucksberg, [1] in which the Supreme Court of the United States declined to read a right to physician-assisted suicide into the Due Process Clause of the Fourteenth Amendment, and Common Cause (A Registered Society) v. Union of India, [2] in which the Supreme Court of India held that the right to die with dignity is a facet of the right to life under Article 21. This paper moves past that contrast. Its concern is not whether a court should recognise a right to die, but what follows institutionally once it has recognised or refused to recognise one. The Indian path produced judicially designed administrative machinery that the Court itself modified in 2023 and applied for the first time in March 2026 in Harish Rana v. Union of India. [3] The American path produced a patchwork of state statutes whose coverage remains geographically fragmented nearly three decades after Glucksberg. Comparing these two institutional after-effects, the paper argues that neither judicial recognition nor judicial refusal, standing alone, resolves the execution-stage problem of rights-creation, and it proposes a sunset-limited, dialogic remedial model as a middle path. [1] Washington v. Glucksberg, 521 U.S. 702, 728 (1997). [2] Common Cause (A Regd. Soc&rsquo;y) v. Union of India, (2018) 5 SCC 1 (India). [3] Harish Rana v. Union of India, 2026 INSC 222 (India).

Gavel And Gossip: How Culture Pressures The Courtroom On LGBTQ+ Rights

Ritu Bhati·Oct 11, 2026·10.5281/zenodo.23293026

Legal orthodoxy insists that judicial decisions emerge from an austere, sterile sanctuary insulated from public noise. Yet the contentious history of LGBTQ+ litigation exposes a persistent, messy dialogue between the judge's bench and the street. This article unpacks how cultural friction&mdash;what we might call ambient societal 'gossip,' majoritarian anxieties, traditionalist dogmas, and media spectacles&mdash;quietly steers the course of constitutional jurisprudence. Using India's legal trajectory as a primary lens, from the liberation of Navtej Singh Johar to the judicial caution displayed in the Supriyo marriage equality ruling, and drawing parallels with courtrooms in the United States, South Africa, and the United Kingdom, this paper investigates the fragile boundary between constitutional morality and majoritarian sentiment. It asks how judges manage counter-majoritarian dilemmas when legal rights collide with sacred social structures, mapping why courts often champion individual liberties behind closed doors only to retreat into institutional deference at the threshold of civil recognition. In doing so, this study argues that real equality cannot rely on legal mechanics alone while ignoring the cultural prejudices that quietly shape how the law is interpreted.

Patriarchy, Law And Human Rights: A Critical Study Of Violence Against Women

Anushka Verma·Oct 10, 2026·10.5281/zenodo.23282685

Violence against women is one of the most pervasive human rights violations in the modern world, cutting across cultural, economic and political boundaries. It is rooted in patriarchy and systemic gender inequality, manifesting in forms such as domestic abuse, sexual assault, dowry deaths, honor killings, trafficking, and cyber violence. Internationally, violence against women has been recognized as a human rights violation through instruments like the Universal Declaration of Human Rights (1948), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979), and the UN Declaration on the Elimination of Violence Against Women (1993). These frameworks emphasize state responsibility to prevent, investigate, and punish acts of gender-based violence. In India, the constitutional mandate of equality (Articles 14, 15) and dignity (Article 21) forms the basis of legal protection for women. Legislations such as the Indian Penal Code, the Dowry Prohibition Act, the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace Act, 2013, provide comprehensive remedies. Judicial pronouncements, notably Vishakha v. State of Rajasthan (1997), Shakti Vahini v. Union of India (2018), and the Nirbhaya case (2017), have strengthened the legal discourse by treating violence as a constitutional and human rights violation rather than merely a private wrong. However, enforcement challenges persist. Social stigma, patriarchal mindsets, institutional apathy, and judicial delays hinder access to justice. While the legal framework is strong, its effectiveness is undermined by inadequate implementation and lack of gender sensitization. Globally, best practices such as the U.S. Violence Against Women Act (1994), Europe&rsquo;s Istanbul Convention (2011), and Africa&rsquo;s Maputo Protocol (2003) demonstrate effective policy models that India can adapt. This research argues that addressing violence against women requires a multi-pronged approach: stronger legal enforcement, institutional accountability, gender-sensitive education, technological tools, and deep-rooted social reforms. Violence against women is not merely a women&rsquo;s issue but a fundamental human rights challenge. Eliminating it is essential to realizing equality, justice, and democratic ideals.

Irretrievable Breakdown Of Marriage: A Need For Legal Recognition As A Ground For Divorce

Momena Qaisar·Oct 1, 2026·10.5281/zenodo.23088505

The institution of marriage has evolved from primitive society to the present era through reforms over time. Marriages, whether considered a contract or a sacrament, confer the status of husband and wife on the parties, legitimacy on the children of the marriage, and certain mutual spousal rights and obligations. Over time, marriages have changed significantly. Many changes have occurred in the legal forms and conditions of marriage. Before the Hindu Marriage Act of 1955, uncodified Hindu Law did not acknowledge divorce; however, the Act introduced significant, transformative changes to Hindu marriage law by establishing Section 13, which outlines the grounds for divorce. Like the broader changes in the concept of marriage, divorce law has also changed dramatically. There has been a shift from fault-based divorce to mutual consent divorce. Divorce by mutual consent marked a significant shift in divorce legislation, but over time, the need for divorce based on irretrievable breakdown has been promoted to eliminate the complications associated with fault-based criteria and to terminate a relationship that is no longer sustainable. Irretrievable breakdown of marriage, though, is not a ground for divorce as of now, but the Honourable Supreme Court, through various judgments, has exercised the power under Article 142 [1] of the Constitution of India by dissolving the marriage while emphasising the need for consideration for it to be recognised as a ground for divorce, and the Law Commission of India, [2] through reports, has advocated that it should be added as a ground for divorce. Nonetheless, it is the responsibility of the Legislature to determine if irretrievable breakdown of marriage should be recognised as a valid reason for divorce under the Hindu Marriage Act of 1955. [1] Jorden Diengheh v. S.S Chopra (1985) 3 SCC 62: AIR 1985 SC 935 Bhagat v. D. Bhagat (1994) 1 SCC 337: AIR 1994 SC 710 Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226 [2] Law Commission of India 71 st report on &ldquo;The Hindu Marriage Act, 1995-Irretrievable breakdown of marriage as a ground for divorce&rdquo;, April 7, 1978, Chairman: Justice H. R Khanna Law Commission of India 217 th report on &ldquo;Irretrievable breakdown of marriage- Another Ground for Divorce&rdquo;, 30 th March, 2009, Chairman: Dr. Justice A. R Lakshmanan