The GLS Law Journal is a multidisciplinary forum for the publication of scholarly articles, research, and critical discussions on contemporary legal and socio-legal issues of national and global relevance. The Journal is designed to disseminate original, analytical, and interdisciplinary research that reflects academic integrity, methodological rigor, and meaningful engagement with evolving legal challenges. It seeks to promote high-quality scholarship and acquaint readers with emerging trends, debates, and directions in legal and socio-legal studies, thereby contributing to the advancement of knowledge and informed policy discourse. More...google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn google porn
Reframing Punishment: Buddhist and Jain Perspectives on Crime, Karma and Restorative Justice
This paper examines how Buddhist and Jain philosophical traditions offer transformative perspectives on criminal justice, emphasizing healing, restoration, and moral development over retributive punishment. Through an analysis of karmic principles, the doctrine of interdependence, and the centrality of compassion in both traditions, this study demonstrates how ancient wisdom can inform contemporary restorative justice practices. The research reveals that both Buddhism and Jainism conceptualize crime not as isolated acts deserving punishment, but as manifestations of suffering and ignorance requiring compassionate intervention. By integrating these perspectives with modern restorative justice frameworks, criminal justice systems can shift from cycles of harm to processes of healing, accountability, and community restoration.
The Agricultural Remnant of Patriarchy: Analysis of the State-Level Non-Uniformity in Women’s Rights Over Agricultural Land in India
A significant contribution of the 2005 Amendment lay in the deletion of Section 4(2) of the Hindu Succession Act, 1956, which restricted the Act from making laws related to succession upon the proponents of agricultural land. With the deletion of this provision, agricultural land became subject to this Act. However, this durational gap paved way for various state-level patriarchal laws related to emerge, which promulgated a blanket ban on the succession rights of women over agricultural land. Such laws are still upheld, regardless of the deletion of Section 4(2) of the Hindu Succession Act, 1956, since the main contention often brought up by the pleaders in defence is the constitutional overlap of agricultural land under the State list and succession under Concurrent list. Hence, rather than framing the rightful succession of a woman over agricultural land on the basis of her personal right, this subjugation becomes a contravention under the Constitutional matter. Such a lacuna is still persistent, since some states such as Himachal Pradesh, Uttar Pradesh and Punjab still uphold their state laws, while others have paved the way for the central Act to heed. This has become a heated discourse for judiciary with no plausible definitive direction. Hence, there lies a need to discern such state-level ambiguities and characterise women’s inheritance over agricultural land in a uniform manner.
Administrative Overreach: Challenges to Judicial Independence and the Constitutional Framework
The relationship between the judiciary and the administrative bodies that exercise quasi-judicial powers have long been the subject of debate in India. While bodies such as regulatory commissions and tribunals play a crucial role in dispute adjudication and enforcement of statutory obligations, there still exist an overlapping of powers and irregularities in procedure, and instances of bias which have raised serious concerns regarding the independence and the sanctity of the judiciary. This paper undertakes a critical examination of whether the limitation of administrative powers is necessary to preserve the judicial autonomy within the constitutional framework of India. The paper further examines the historical evolution of the administrative law commencing with the early systems of governance, establishment of tribunals during the colonial era, and their extensive expansion in post-independence India. Various tribunals and institutions such as the Securities and Exchange Board of India, the National Green Tribunal, and the Income Tax Appellate Tribunal have developed their own parallel internal structures which is intended to ensure speedy disposal of cases. However, these bodies have created challenges which concern accountability, adherence, and transparency which often result in judicial scrutiny. Furthermore, constitutional safeguards against administrative actions have also been examined under Article 31, 136, and 226 which highlight the judiciary’s role in maintaining oversight. The study further concludes with the proposition of enhanced judicial oversight, transparent tribunal procedures, independent appointment mechanisms, and uniformity in procedural standards to ensure that administrative efficiency can coexist with judicial independence under the modern implications of the constitutional framework.
Behind the Closed Doors: The Crime of Marital Rape
They say women are equal in society, but even after 76 years of India’s independence, the old notions of male supremacy, men being the head of the family and women being subservient to men, prevails. This is perhaps one of the major reasons for men committing crime on women. Amongst the category of crimes, Rape is one of the most henious crimes committed on women as it not only affects her physically but leaves a scar to her soul. The Indian Penal Code, 1860 defines rape in section 375 and section 376 makes it punishable with imprisonment upto life. The problematic area which the researcher will be examining is exception (2) to section 375. The exception does not bring within its ambit the sexual acts committed by husband on his wife, thereby excluding rape happening in marriage and not recognising it as an offence. The Indian Penal Code does not recognise the requirement of ‘consent’ for wife and believes that wife upon marrying loses her right to say yes or no to sexual acts. In the present paper, the researcher would examine the prevailing criminal statutes of the country and suggest changes required in Indian Penal Code, 1860, Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973, now repealed with Bharatiya Nyay Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023 and Nagarik Suraksha Sanhita, 2023 respectively. In the process, the researcher will make use of doctrinal method.
Access to Justice in India and the Privatization of Legal Knowledge
This paper explores how legal knowledge is a prerequisite for “Access to Justice” in India. I begin by grounding the idea of access to justice in global definitions and discuss literature wherein this correlation has been established. The Paper goes on to argue that justice is not only about courts or lawyers. It also requires that people understand the rights they hold and the duties that bind them. A person cannot seek a remedy if they do not know that a remedy exists. This simple truth drives the core claim of the paper: knowledge is a precondition to justice, not a luxury. The Paper examines how lack of legal awareness, weak civic education, and high dependence on private legal resources restrict public participation in law. The Paper highlights gaps in school education, limited government legal outreach, and the dominance of private publishers and legal databases. These systems create invisible barriers for ordinary citizens. They reward those who already understand law and push others to the margins. The paper reviews state programmes and digital reforms, but notes that most efforts focus on numerical outreach, not meaningful empowerment. The recommends stronger public legal education, open-access legal platforms, and community learning structures. The paper concludes that a democratic society must treat legal knowledge as a public good. Only then can access to justice become real, equal, and lasting.
Women and Healthcare in India: A Socio-Legal Analysis of the Contraceptive Burden on Women
Healthcare is an unending and integral part of everyone’s life- from birth to death. Sickness doesn't discriminate, but man does. Every patient expects a diagnosis from a doctor who they believe prescribes what is in their best interest. But, when the system is patriarchal, the institution it establishes, the education it imparts, and the treatment it provides are all tainted with gender, biased towards one and ignorant of the other. The present article uses MacKinnon’s Social Construction to dissect the evolution of contraceptive burden on women. It begins by understanding how the burden of contraception fell on women using theoretical evidence. The second part of the article focuses on the materialization of the patriarchal structure in education and family unit. From exclusion of women as test-subjects and women specific maladies to construction of “appropriate feminine behaviour”, patriarchy digs its roots deeper. The third part of the article explains how aptly social construction is successful in building a discourse that meets its purpose. The author concludes by suggesting a way to change the discourse and poison the roots of patriarchy. Thus, the present article discusses the how the burden of contraceptive care falls on women from a socio-legal perspective and suggests measures to change the status-quo.
Rehabilitation v. Punishment: Evaluating Effectiveness in reducing Recidivism
The study titled “Rehabilitation v. Punishment: Evaluating Effectiveness in Reducing Recidivism” critically analyzes the continuous conflict between punitive and rehabilitative measures within the criminal justice system. It traces the historical development of imprisonment from retaliation to correctional reform, examining the theoretical and conceptual foundations of punishment, rehabilitation, and recidivism. Under the Bharatiya Nyaya Sanhita, 2023, the study examines India’s current legal system, emphasizing both reformative measures like probation, parole, open prisons, and vocational training as well as punishment-based measures like imprisonment, fines, and the death penalty. The study also highlights the shortcomings of strictly punitive approaches in reducing reoffending through a comparative analysis and promotes a well-rounded, integrated strategy that include opportunities for reformation and reintegration with discipline. A paradigm shift towards restorative justice is reflected in recent legislative changes, such as the formal inclusion of community service as a punishment. The study concludes that in order to effectively lower recidivism and foster long-term social harmony and justice, offenders must be treated as reformable individuals who receive education, counseling, and skill development.
E-Governance: A Glimpse in The Northeastern States of Assam
“E- Governance” has emerged as an integral instrument for attaining efficiency, accountability, and transparency in governance as a result of the quick development of information technologies (ICT), which has completely changed the government’s operational environment. With an emphasis on the State of Assam and the Northeastern area, this piece of literature examines the conceptual underpinnings, implementation frameworks, and real- world applications of e-governance in India. It investigates at how national programs like the National e- Government Plan and the Digital India campaign have improved service delivery through e- District, Sadhbhavana, Kritagyata and Darpan and enabled the digital transformation of government institutions. The research study identifies enduring issues such as poor ICT infrastructure, digital illiteracy, and connectivity gaps in rural and distant locations, while also highlighting the benefits of e-governance, such as increased accessibility, public participation and administrative efficiency. This study highlights the significance of capacity- building, infrastructure investment and inclusive policy design in achieving the full potential of e- governance by examining Assam’s advancements and technological limitations. In the culmination, the study concludes that in Northeast India, efficient e-governance can act as a stimulant for long- term socioeconomic growth and democratic participation.
Virtual Stage, Real Work: Child Influencers and Universal Human Rights Norms
With the rapidly changing socio-political and technological landscape, the definition and manifestation of child labor are also shifting beyond traditional industries. The discourse of child labor has traditionally focused on employment of children in physical spaces such as factories, fields and domestic work. Previously, global efforts have been made for putting an end to child labor, however, with rapid development of digital economy, a new form of child labor is emerging, though less visible but equally concerning. In the recent years, world has witnessed the rapid emergence of child influencers, often achieving celebrity status and substantial financial gains. While this new form of digital engagement provides ample opportunities for income and creativity, it also brings to the light serious implications about welfare of children, including risk of exposure to public scrutiny, psychological stress, absence of legal framework and most importantly financial exploitation in the hands of parents or guardians of such children. This article examines the phenomenon of child influencers on social media platforms like, YouTube and Instagram, where children often create monetized content that may erase the difference between creative expression and exploitative labor. This study then proceeds to critically analyze the ethical, psychological and legal aspects of digital participation of children, asking whether such activities violate the principles of International Human Rights outlined in frameworks like, Universal Declaration of Human Rights and United Nations Convention on the Rights of the Child. It further highlights the gaps in existing legal framework and protection of children from digital exploitation especially in countries like India, where the intricacies between technology, tradition and economic aspiration complicates regulatory oversight.
Space Mining and Environmental Hazards: Assessing India’s Legal and Institutional Preparedness
Humanity has developed space mining into both a technological advancement frontier and an economic opportunity because it provides critical mineral resources beyond Earth together with water reserves and energy supplies. The pursuit of space resources creates multiple environmental risks which involve both orbital debris accumulation and the damage caused to celestial bodies and permanent destruction of outer space life systems. This paper examines environmental difficulties through India’s institutional and legal system while using an environmental lens. Despite the rising space exploration capability of the Indian Space Research Organisation (ISRO) India lacks detailed regulatory measures to handle ecological threats stemming from space mining operations. Indian space mining enterprises operate under broad guidelines from the Draft Space Activities Bill (2017) and the regulatory oversight of IN-SPACe due to minimal specific regulations. The Outer Space Treaty (1967) has India as a member though the country has not yet adopted the Moon Agreement (1979) which sets regulations for lunar resource extraction and environmental protection. Indifference in legal interpretation and void environmental standards about space protection exposes India to lack of preparedness for fulfilling its space environmental obligations. India’s strategic goals remain distant from its regulatory structures because they require urgent institutional changes. The research supports developing an active structured legal structure which combines space governance and environmental protection for India’s program. The researchers draw policy suggestions from US and Luxembourgian international legal models to advance India’s compliance with international environmental and ethical norms. The research delves into how India can contribute to developing sustainable space mining methods that benefit the Global South. The research demonstrates that India must implement regulations for environmental protection during space mining operations to preserve its ecological equilibrium and prove its responsibility as a nation engaging in space exploration.
Collapse of Education and Conflict-driven States in South Asia: A Detailed Analysis of Role of MDGs and SDGs
We live in an age where education is considered as a universally recognised fundamental right and an important objective of the development of the world and yet millions of children living in certain conflict-driven countries are stuck in an educational distress that alarms to put them in an infinite loop of conflict, instability and poverty. This paper targets the examination of the issues which has led to the disconnection between multiple international educational commitments like Millennium Development Goals and Sustainable Development Goals from the brutal realities of different countries in the South Asian region like Afghanistan, Bangladesh and Sri Lanka. These nations have been not only been experiencing their own unique issues of political instability and corruption but also economic disasters, natural calamities, institutional failure and many more, which ultimately explains how this fragility has demolished the educational infrastructure, leading to total collapse of hopes for the future generations to enjoy their fundamental right to learn and grow. This paper seeks to demonstrate by the analysis of these three states that although the international community has produced thorough and detailed frameworks for addressing educational difficulties by these governments, there is still a significant implementation gap. The paper finally calls for a fundamental reconstruction of how education is protected and provided in contexts of complete failure and fragility, arguing that current approaches, despite the evolution from MDGs to SDGs, fail to adequately address the complex interrelation between political instability, security threats, economic collapse and educational access.
Safeguards or Symbolism? The Enforcement Crisis of Women’s and Children’s Rights in India
Protection and empowerment of women and children remain at the forefront of the Indian Constitution framework by giving equality, justice, and dignity to the relationships and marginalized families. Despite an established Constitutional and legislative framework, the reality of lived experiences manifests systemic indifference and persistent socio-legal disparities. While the Indian Constitution enshrines provisions such as equality, prohibits exploitation, child labor, and affirmative actions for the empowerment of women and children, bureaucratic inefficiencies, cultural and institutional barriers hinder its effectiveness. The paper critically explores the disconnect between constitutional ideas and their limited realization through legislative safeguards. Additionally, the study considers whether the provisions effectively address children’s and women's vulnerabilities, and whether the intended purpose amounts to results. The paper uses a mixed-methods approach by combining doctrinal analysis with empirical research to assess whether rights-based safeguards for women and children are adequate. The paper comprehensively discusses the statutory law, the government reports, the NCRB, the NFHS data, and real-world case scenarios to explore the real-world implementation effectively. The Findings reveal stark disparities between legal mandates and their ground-level enforcement, including a 4% increase in violence against women and overwhelming judicial backlogs (95% case pendency). While judicial activism has expanded, these protection failures, such as inadequate victim support, infrastructure, and gender-insensitive law, undermine its efficiency. The paper underscores collaborative multidimensional reforms from all stakeholders, such as judicial capacity building, accountability, and targeted grassroots-level programmes to combat these challenges. The research indicates that going from constitutional commitments to social action entails legal reform and conscious and transformational change to protect the rights of women and children in India.
Global Approaches to Intellectual Property (IP) Protection in Digital Realm and Cyberspace Governance
Globally, there have been several issues, problems and obstacles that have been labelled as “current hot topics”, “most discussed topics” and “burning issues” amongst which the most challenging one is the intellectual property (IP) protection in cyberspace in today’s era of technological advancement. Usually, the study of research is narrowed down to particular jurisdictions (countries/areas/regions) but this particular study is focused on studying the global approaches altogether to understand how various countries are working on protecting the intellectual properties in the cyberspace where they are most vulnerable to cyber attacks as well as theft. There are several approaches adopted by various countries be it the developed countries like U.S.A., and the developing countries like India. This study from a global perspective will be an insightful one as it’ll shed light on all the hidden as well as the least explored aspects of intellectual property protection in cyberspace as well as cyberspace governance. This paper will be a great way to understand how various nations work on protecting intellectual properties in the digital realm and cyberspace governance.
From Tradition to Trade: The Evolving Landscape of Geographical Indications Law
Geographical Indications (GIs) play a crucial role in preserving traditional knowledge, promoting economic growth, and ensuring fair trade practices. Over the years, GI laws have evolved to address contemporary challenges in domestic and international markets. This article explores the transformation of GI protection from a tool for safeguarding regional heritage to a powerful mechanism for economic development and global trade. It examines recent legal advancements, policy changes, and landmark cases that have influenced GI registration and enforcement.
The Socioeconomic Implications of Biofuel Production and Environmental Sustainability: Myth or Reality
The most essential issue that is being debated around the world is energy. Environmental friendliness of energy sources is a crucial differentiating feature. The fundamental goal of renewable energy is to promote economic development, improve energy security, increase energy access, and reduce climate change. Sustainable development can be achieved through the use of renewable energy and assuring citizens' access to affordable, reliable, sustainable, and contemporary energy. As a strategy of combating climate change, Bioenergy has gained widespread acceptance. It is pollution-free and free from carbon emission. It is the practical alternative to fossil fuels. Biofuels are growing in popularity as a sustainable, renewable energy source that might reduce a country's reliance on imported fossil fuels and increase energy self-sufficiency. Contrast to the limited supply, geopolitical unpredictability, and negative global repercussions of fossil fuel energy, it is becoming increasingly obvious that biofuels may be a practical source of renewable energy. Due to the high cost of production and chemical transformation processes, commercial biofuel production on a wide scale has not yet been achieved. Therefore, commercializing biomass-based biofuels requires an effective and cost-effective production technique. This article emphasizes an overview of renewable and sustainability for biofuel. Increasing the use of biofuels in developing countries is currently risky and uncertain due to unanticipated effects on food and biological resources. To achieve a more equitable balance between sustainability and the needs of the nation, the researcher will highlight the consequences on biological diversity and food for biofuel expansion in this chapter.
Effectiveness of the Insolvency and Bankruptcy Code in resolving NPA’s in Indian Banking Sector
The rising burden of Non-Performing Assets (NPAs) in the Indian banking sector has posed a serious threat to financial stability and credit flow in the economy. In response, the Government of India introduced the Insolvency and Bankruptcy Code (IBC), 2016, to provide a time-bound and effective mechanism for insolvency resolution. This research paper examines the effectiveness of the IBC in resolving NPAs in the Indian banking system. Drawing upon doctrinal analysis of legal texts, landmark judgments, and empirical data from regulatory bodies such as the RBI and IBBI, the study evaluates the impact of the Code on recovery rates, resolution timelines, and institutional efficiency. It further explores the challenges faced in implementation, such as procedural delays, judicial bottlenecks, and misuse of the process. The findings suggest that while the IBC has led to significant improvements in debt resolution, persistent gaps remain. The paper concludes by recommending legal and institutional reforms to strengthen the Code’s effectiveness and ensure sustainable financial recovery in the banking sector.
From Crime Scene to Courtroom: Recent Innovations in Fingerprint Analysis and the Shifting Landscape of Admissibility
The field of fingerprint analysis has undergone significant changes in recent years, reshaping its role in forensic science and the courtroom. Traditionally regarded as a cornerstone of criminal identification, Recent advancements in technology, including enhance imaging techniques and automated fingerprint identification system, have improved the accuracy of fingerprint analysis. However, these innovations also highlight the challenges associated with human error and the complexities of matching latent prints, which can be affected by factors such as quality and clarity. The shifting landscape of admissibility is influenced by a growing demand for rigorous scientific validation of forensic methods. Courts are increasingly requiring that fingerprint evidence be supported by empirical data and standardized protocols, such as the ACE-V (Analysis, Comparison, Evaluation, and Verification) process. This shift reflects a broader trend in the legal system towards a more evidence-based approach, where the reliability of forensic techniques is critically assessed. Moreover, ongoing validation studies and collaborative efforts between forensic experts and legal professionals aim to establish clearer guidelines for the presentation of fingerprint evidence in court. These initiatives seek to enhance the credibility of fingerprint analysis while addressing concerns about error rates and wrongful convictions. As the legal landscape evolves, the integration of scientific rigor into fingerprint analysis will be essential for maintaining its integrity and ensuring justice in the courtroom.
From Restraint to Reform: The Role of Judicial Activism in Addressing Contemporary Legal and Social Challenges
India's legal and contemporary jurisprudential landscape has been profoundly shaped by judicial activism, particularly in addressing pressing social, political, and economic challenges. Over the decades, the Indian judiciary has transitioned from a phase of judicial restraint to one of assertive participation, significantly expanding the interpretation of fundamental rights to respond to evolving societal needs. Judicial activism has played a pivotal role in shaping the legal contours of modern democracies, including India, the United States, and South Africa. In the Indian context, this transformation is evident in landmark decisions such as Justice K.S. Puttaswamy v. Union of India and Vishaka v. State of Rajasthan, which illustrate the judiciary’s shift from a formalistic to a progressive jurisprudence committed to gender equality, privacy, and social justice. Comparatively, in the United States, Roe v. Wade (1973) epitomized judicial intervention in safeguarding reproductive rights, while its reversal in Dobbs v. Jackson Women’s Health Organization (2022) underscored the volatile nature of judicial interpretation. Similarly, South Africa’s Constitutional Court has employed judicial activism to redress historical injustices and enforce socioeconomic rights, as seen in Minister of Finance v. Van Heerden (2004) and Grootboom v. Government of South Africa (2000). As India confronts emerging issues such as digital privacy, environmental degradation, and the rights of marginalized communities, judicial activism will continue to serve as a crucial instrument for advancing justice, liberty, and equality. Nonetheless, it remains imperative that such judicial interventions uphold the principles of constitutionalism, legislative supremacy, and democratic accountability.
Jus In Rem and Jus In Personam – Whose Right Is It Anyway? A Deeper Dive into the Application of Judicial Precedents to Similarly Situated Persons in India in the context of the Supreme Court Judgement in The Director (Admn&HR) vs C.P. Mundinamani
The Supreme Court’s decision in Director (Admn & HR), KPTCL v. C.P. Mundinamani has reignited debate around the doctrines of jus in rem and jus in personam, particularly regarding whether judicial precedents should automatically extend benefits to similarly situated individuals. The case involved denial of an earned annual increment to employees who retired a day before the increment’s effective date, prompting widespread litigation. While the Supreme Court upheld employees’ entitlement, authorities have since treated the judgment as binding only on the litigants, sparking further disputes. This article analyses the historical and jurisprudential foundations of jus in rem and jus in personam, the doctrine of stare decisis, and their interplay in Indian service law. It argues that narrowly categorising judgments as jus in personam undermines constitutional principles of equality, fuels repetitive litigation, and burdens the judiciary. A principled, proactive extension of judgments with broader implications is essential for fairness and administrative efficiency.
Water for Food: Legal and Environmental Dimensions of Agricultural Water Trade in South Asia
This paper provides a comprehensive legal analysis of water trade agreements in South Asia, focusing on their challenges, opportunities, and future directions, particularly in relation to agriculture. South Asia, home to several transboundary rivers, has long faced complexities in managing shared water resources. The legal frameworks governing water trade between countries like India, Pakistan, Nepal, and Bangladesh often face disputes due to competing demands, political tensions, and climate variability. These agreements are critical for the region's agricultural sector, which relies heavily on consistent water supply for irrigation and food production. The study highlights the challenges arising from existing agreements, such as inadequate dispute resolution mechanisms, lack of environmental safeguards, and insufficient consideration of the agricultural impact. It also explores opportunities for improved regional cooperation, sustainable water resource management, and better alignment of water trade agreements with climate adaptation strategies. Further, the paper discusses the need for future reforms that address the changing needs of agriculture, as the region faces increased water scarcity due to climate change. The research emphasizes the importance of integrating legal, environmental, and agricultural perspectives to ensure that water trade agreements foster long-term sustainability and food security in South Asia.
A critical analysis of the Guidelines on vigilance clearance mechanism in the light of Revised Vigilance Clearance Guidelines of the Department of Personnel and Training dated 09th October 2024
The importance of having an unblemished record at workplace cannot be overemphasized. The difficulties and legal wrangles that the employees may find themselves in case they face disciplinary and/or criminal proceedings may lead to unpleasantness besides bringing in financial hardship, reputational damage etc. The careers of many government employees and employees working in public sector gets a severe jolt once they find themselves in a state of facing legal proceedings either from the employer or from the State (i.e the Criminal Law of the Land). The requirement of obtaining vigilance clearance at various stages of the career of an employee places him in a situation of being adherent to always discipline and good conduct. The granting of vigilance clearance can become a severe constraint for career progression as well at the time of exit if the employee comes under the ambit of vigilance angle. This Article delves into the guidelines issued by the Department of Personnel and Training vide Office Memorandum dated 9th October 2024. The guidelines indeed have plugged a deep hole by which an employee is left in the lurch i.e after permission under Section 17A of the Prevention of Corruption is granted to the investigating agency. The revised guidelines make it necessary that a chargesheet should be filed within 3 months after the permission is granted. While this is a welcome change giving huge relief to the vast millions of employees, the guidelines however are silent with regard to the existing cases where permission has been granted but chargesheet has not been served after the period of 3 months. This Article examines the revised guidelines and highlights a few gaps which still remain. The Author makes out an attempt to seek further modification of the guidelines and also extend the applicability to all the employees covered by the Prevention of Corruption Act 1988.
Reproductive Autonomy in a Globalized Context: The Supreme Court’s Impact on Abortion Laws in India
In any democracy, for a vibrant and dynamic judiciary to perform, it is not always about doing justice but rather paving the way on how the justice is done, as per facts and circumstances and the dynamism of the society. In arriving at the same, the courts employ different tools/aids to interpret the Constitution, the supreme law of the land, in a way that it furthers both the purpose and text of the provision. Over the years, owing to the dynamic interpretation of the courts and various legislation actions, women in India has achieved a certain degree of protection and social status, nearly meeting the required international standards. The Indian Constitution as an empowering document consists of equality clauses. But mere existence of it as black letters of law serves no purpose to further the gender justice discourse. While gender justice remains an ongoing discourse in India, several special legislations exist to further the rights of women and in the process reducing gender disparities and inequalities. These include the Protection of Women from Domestic Violence Act, 2005, Medical Termination of Pregnancy Act, 1971, the Maternity Benefit Act, 1961 to name a few. Even in the recent X v. Principal Secretary, the Supreme Court by virtue of purposive interpretation, brought ripple effects to feminist jurisprudence by extending abortion rights to unmarried women. This paper will thus seek to explore the evolving jurisprudence on abortion and the growing call for the liberalization of such rights, outline the concept of gender justice with reference to the role played by the Supreme Court of India to meet global legal standards of rights of women, and an analysis of the aforesaid case wherein the court dealt with the social stigma on unmarried women. The paper also seeks to delve into the philosophical discourse and ethical dilemmas women have to endure as regards their reproductive autonomy and its challenges in a multicultural society.
The Indian Constitution: A tumbler both half full and half empty
The Indian Constitution, a remarkable document that has withstood the test of time, is often debated in terms of its effectiveness in realizing its foundational objectives. At seventy-three years since its adoption, the Constitution continues to shape the nation’s democratic and legal framework, yet significant challenges persist. While its survival defied early predictions of failure, mere endurance is not the sole measure of a constitution’s success. The real test lies in its ability to uphold justice, liberty, and equality while adapting to the evolving socio-political landscape of India. This paper critically examines the extent to which the Constitution has achieved its intended goals and highlights areas where it has fallen short. It discusses social movements such as labor, Dalit, environmental, and women’s rights movements that have continuously shaped constitutional discourse, often exposing gaps in the system. The paper also explores structural issues, including the excessive length and complexity of the Constitution, ineffective implementation of Directive Principles of State Policy, outdated provisions inherited from colonial-era laws, and the need for reforms in reservations and economic policies. A key concern raised is whether the Constitution truly reflects the will of the people or if it has become a tool for political maneuvering. The discussion extends to the need for clearer constitutional morality, a more participatory democracy, and a stronger alignment between fundamental rights and directive principles. Issues such as judicial review, religious and caste-based privileges, and evolving governance challenges are also analysed. The study concludes that while the Constitution remains a robust framework for governance, critical reforms are necessary to ensure its continued relevance in addressing modern socio-economic realities. India’s constitutional journey is thus a paradox—both a success and a work in progress.
Purview of Trade Dress Protection in India
The article explores the concept of trade dress protection in the context of India's evolving legal landscape. Trade dress, the overall visual appearance and aesthetic identity of a product, is gaining significance due to its role in brand identity and consumer recognition. This article examines the origins of trade dress, its importance in consumer protection, and the challenges it poses in the Indian legal framework, where explicit provisions for trade dress are limited. Through a comprehensive analysis of judicial precedents, the article highlights landmark cases that have contributed to the development of trade dress protection in India, focusing on aspects such as packaging, shape, color combinations, and product form. The objective of trade dress is to prevent confusion among consumers and protect the unique features that distinguish a product in the market. While India is catching up with international norms, there is a need for a more robust and coherent legal framework to safeguard trade dress. The article concludes by emphasizing the importance of enhancing enforcement mechanisms and fostering a strong culture of trade dress protection to promote innovation, maintain fair competition, and instill consumer confidence in the marketplace.
A study on Exploration of the Potential Application of Renewable Energy in Promoting Environmental Sustainability in India
Energy is the main topic of discussion worldwide, and one important way to differentiate different energy sources is by their effects on the environment. The main goals of renewable energy deployment in India are to reduce climate change, improve energy security, increase access to electricity, and promote economic growth. Utilizing renewable energy is essential to achieving sustainable development since it guarantees access to contemporary, economical, and dependable electricity. Renewable energy has garnered a lot of support as a climate change mitigation method since it is carbon and pollutant free, making it a competitive alternative to fossil fuels. It is gradually becoming a necessary component of the energy mix. Political pressures, governmental regulations, corporate sway, antiquated infrastructure, inadequate battery storage systems, and the state of the market are some of the obstacles that the renewable energy industry must overcome. Widespread use of renewable energy is still a ways off, with some obstacles coming from particular technologies and others from the infrastructure, laws, and market dynamics of today.
Strengthening Protection of Artificial Intelligence in India: A New Emerging Trends in Intellectual Property Laws
Nowadays Artificial Intelligence is a very emerging technology in our life. It will change the lifestyle of everyone from the Technology Industry to normal people, their communities and society, almost entirely in ways that improve human health, safety and productivity. India has taken steps to encourage the responsible and inclusive development of AI for economic progress. The National strategy on AI document of 2018, released by India’s NITI Aayog, Covers training, research and development, centers of excellence, data accessibility and high computing infrastructure. In this paper researcher is mainly focusing on the protection of artificial intelligence from legal point of view.
India’s Journey Towards Development: Creche System and Women Workforce
India is growing with the object of becoming a developed nation by 2047, which marks the centenary of Indian independence from the Britishers. India as a country in its economic terms is improving; there is huge economic growth and more investors are coming into India, which is complimentary to the increase in employment opportunities. Many Indians are motivated to become self-employed, in the fancier version of “entrepreneurs”. With all these booms of development, what we need to check up on is the equal participation of men and women in the workforce. If women do not have equal participation in development, then the men will be overburdened, and women will be underdeveloped. To prevent these two consequences from occurring, what can be done is the inclusion of an equal number of women in the workforce. Women often due to their feminine and nurturing character opt to stay back at home after conceiving or after childbirth. But if women have a satisfying alternative, then they might not choose to leave their jobs. This will lead to the inclusion of women into the workforce, lessening the burden of men’s earnings and ultimately will lead to the economic growth of the nation. The authors in this paper will discuss the importance of the creche system and the impact that when a woman’s burden is shared and her focus is shifted towards her passion, her economic independence and what the nation attains is development not only economically but also socially. The paper will also focus on implementation and ground realities faced in creche facilities in India.
Shaping Justice: The Legacy of Mathura Rape Case on Indian Legal System
This paper examines the Mathura rape case, which represents a significant milestone in the advancement of women's rights in India. The case initially resulted in the accused being acquitted due to contentious interpretations of consent, which sparked extensive criticism and public outrage. This decision overturned the acquittal of the accused and voiced out new requirements for consent. It also called attention to institutional defects within the judicial system treating women. This research provides a broad view of how the Mathura case affected law making, which led to the promotion of women's rights along with their human dignity in India. The analysis includes legislative Acts, court judgments, research papers, and publications. The findings highlight the significance of the case in beginning a larger campaign for gender justice, demonstrating the crucial overlap between legislation and social change in promoting women's rights.
Dynamism of Theories of Justice: Decoding John Rawls & Amartya Sen’s Theories
The concept of justice is somewhat complex and there are different facets that has been unraveled by different philosophers, scholars and other academicians. The aspect of social justice is always celebrated in the jurisprudential aspect as it is one of the core aspects that has a strong nexus with the legal facets particularly amongst other forms of justice. The philosophy of political, justice and social sciences is the core domain that is impliedly discussed by various academicians and scholars with respect to a just and fair society. In this paper, researcher critically evaluates the theory of justice by taking into account the two most famous theories proposed by two eminent personnel of their time. First one is of John Rawls in 1971 in which he beautifully enshrined the aspect of positive discrimination and distributive justice under the umbrella of social justice and second one is the work of Noble laureate, Amartya Sen. He provides a new notion on the idea of justice through his pathbreaking work on concept of justice which is also a critique of John Rawl’s Work-Theory of Justice. In the present work, researcher has dealt the concept of justice in the light of proposed work on same by the highlighted personnel in different phase. This paper provides a critical analysis coupled with the litmus understanding of the substance of Rawl’s and Sen’s notion of justice with the conceptual, practical as well as analytical perspective of the concept of justice by examining the theories as per their evolution and relevance in the instant time. The paper in toto presents the main concepts, appraisal, dominant criticisms and the current approach of researcher for understanding with a view to further decode that Sen’s contribution is a global framework for the discourse of social justice.
Victim Compensation and Restorative Justice in India: A Comprehensive Analysis of Progress and Challenges
Victimology is a growing field in the criminal justice system, which acknowledges the need to address the harm done to victims of crime. One of the essential components of restorative justice is victim compensation schemes, which provide a means of redress to victims and empower them in the process of repairing the harm. In India, victim compensation schemes are an important development in the pursuit of restorative justice, as they provide victims with a voice and help them recover from the effects of crime. This research paper examines the complex landscape of victim compensation and restorative justice in the context of the Indian criminal justice system through statues like India Penal Code and landmark cases. Despite significant efforts to address the plight of crime victims, a comprehensive analysis of the developments and challenges in this realm is indispensable. The emergence of compensatory jurisprudence in light of the human rights of the victims is a positive philosophy. It underlines the observance of the doctrine of natural justice in the form of State Liability in the space of compensatory jurisprudence in this contemporary era. Compensatory justice to crime victims covers both areas viz., compensation from the accused and compensation from the state. The research acknowledges the prevailing challenges that plague victim compensation and restorative justice systems in India. Inadequate awareness among victims regarding available compensation schemes, lack of uniformity in compensation amounts, bureaucratic delays, and societal stigmatization of restorative justice are among the pressing issues addressed. Drawing from empirical data and case studies, this research puts forth viable strategies to strengthen victim compensation schemes and promote the wider adoption of restorative justice practices. The paper advocates for a victim-centric approach to Indian criminal system. It is anticipated that this study will contribute significantly to the ongoing discourse on criminal justice reform in India, fostering increased awareness and sensitivity towards the rights and welfare of crime victims.