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
Generative AI and Future of Dispute Resolution: is Arbitration Ready
Artificial Intelligence is entering into each and every field today. This period can be referred to as period of development of AI. It has even started entering into legal field. It translates language, helps in selection of arbitrator, drafting of awards, legal research, E-discovery process etc. It can even predict the case outcome. This helps to reduce time, cost and efforts on one side but on the other side there is fear of biasness, breach of privacy and trust. Traditional arbitration may sometimes prove to be time consuming as it is totally dependent on availability of human arbitrator. Moreover, it can be only be beneficial for those who are advanced in technology and are aware of AI. AI arbitration is much more cost effective as it does not include cost of human arbitrators and administrative costs Those who are unaware of AI or those who are not technologically advanced are most likely to suffer. It will be easier to take advantage of them. Moreover, arbitration is about application of mind and applying personal expertise of the arbitrator while understanding the facts and circumstances of the case whereas AI works only on the algorithms and data entered in it from time to time. So, we cannot expect personalisation from AI. The problem of Black box is one of the main problem while using AI as a medium of arbitration. As it is based on algorithms, it is difficult for the parties to interpret the reasons for the decision. Other concerns include doubt of impartiality, confidentiality, accountability etc. Countries like Japan, China, Canada, Singapore and United Kingdom have started incorporating AI into their legal system. India is also on the path of including AI into the legal field. In 2021, Supreme court developed SCVAS which can translate foreign language into vernacular language and vice versa. There is another system developed which will help in digitalisation of court procedure known as SUPACE. India is actively moving towards Online Dispute Resolution. India is also planning to develop a system called AI Saransh which will summarise the pleadings. The Silicon Valley Mediation and Arbitration Centre has recently published guidelines regarding the efficient usage of AI in arbitration.
Extending the Scope of Article 29(2) Of The Indian Constitution: Inclusion of Private Unaided Educational Institutions
This study investigates the constitutional effects of protecting Article 29(2) of the Indian Constitution to the 29(2) to the private unaided educational institutions. Article 29(2) now excludes only the discrimination based on religion, race, caste, or language in the state-maintained or state-aided institutions. Nevertheless, the increasing prevalence of the private unaided institutions in the Indian education system has led to access inequalities in access to higher quality education by the marginalized and the economically disadvantaged in the Indian society. This research approach finds out the current gap in the constitutional protection and presents the need to amend it to protect equality and inclusiveness in every institution of learning irrespective of the source of funding. In a descriptive legal approach with the usage of the constitutional provisions, analysis of the case law, and literature, the paper examines the discriminative aspects in the field of the private institution that is not aided and discusses their social and legal consequences. The judicial landmarks that include T.M.A. Pai Foundation v. State of Karnataka, The balance of institutional autonomy and constitutional imperative of equality are evaluated by analyzing union of India. The research discovers that although autonomy is a key to educational excellence, it must not undermine the right to non-discrimination and equal educational opportunity that are provided by the Constitution. The paper is summed up with policy and legislative changes such as revising the Article 29(2) to include private unaided institutions, application of open admission policies, providing disadvantaged groups with reservation and scholarship policies and regulation bodies. This would bring the ideals of equality, secularism, and social justice as outlined in the constitution of India, into the educational system, which would in turn empower the democratic system and provide inclusive education to every citizen of India.
Atmanirbhar Bharat Between Self-Reliance and Global Integration: Rethinking India’s Role in The Global South Under Globalisation 3.0
“Every tool is a weapon if you hold it right. We created it. Let’s take it over” The world's geopolitics and international trade are witnessing a profound shift, making it increasingly difficult for nations to anticipate the next phase of globalisation. Within this flux, the United States under President Trump’s protectionist “MAGA” orientation has sought to recalibrate international relations and redefine the global order, often constraining the strategic space of emerging economies such as India. While recent pronouncements from Washington have generated political, economic, and strategic anxieties in New Delhi, it would be reductive to portray India merely as a victim of these turbulences. India, with its aspirational ‘ATMANIRBHAR’ approach, represents a recalibrated vision of strategic autonomy that has the potential to redefine the global order and emerge as a champion, turning the challenges of the protectionist world order steered by the WEST into a strategic advantage while positioning itself as a Global South leader. This paper highlights the opportunities and challenges India is facing in navigating a protectionist world, not only under the influence of policies from countries like the U.S. but also under the assertive rise of China. It argues that Atmanirbhar Bharat is not simply a defensive or isolationist posture but a proactive developmental and diplomatic strategy that enhances India’s bargaining power within international institutions and supply chains. By repositioning itself as a ‘Vishva guru’, India has the potential to redefine the contours of Globalisation 3.0 and emerge as a pivotal champion of the Global South
Persuasion or Disparagement: Rethinking Comparative Advertising and the Case for Legislative Reform in India
In the contemporary era of commercialization, where numerous similar products exist in the marketplace, traders frequently adopt comparative advertising as a strategy of persuasive marketing to demonstrate the superiority of their products over those of rival traders. Comparative advertising has emerged as a significant mechanism for influencing consumers’ decision-making behavior and psychology. When supported by substantiated and truthful claims, it promotes fair competition. However, its misuse may lead to disparagement, which may amount to trademark infringement and constitute an unfair trade practice. In India, the absence of clear statutory provisions and a dedicated regulatory body governing comparative advertising, the rights and interest of traders and consumers are largely depending on Judicial Interpretations. In this research, the doctrinal research method has been adopted, relying on secondary sources such as books, newspapers, articles, journals and online resources. The study argues that the absence of statutory regulation creates legal ambiguity and vagueness. This article critically analyses the legislative framework of comparative advertising in India and suggests a regulatory framework.
Cartel Regulation in India- Enforcement Mechanisms in the Era of Digital Platform Markets
Cartelization has established a practice which companies use to form secret deals that enable them to control prices, limit production and manipulate bidding processes thus creating unfair market conditions which effects market competition as well as the interest of consumers. Digital platform markets have developed through recent years to create new ways for cartels to operate which have made it harder for authorities to detect and prosecute these illegal activities. The authorities who enforce global competition laws face difficulties because of algorithmic pricing, large data sharing, network effects and multi-sided market structures. The paper investigates how India controls cartel activity through its digital platform market enforcement system. The research examines the statutory framework relating to market competition in India along with the CCI and DG investigative and adjudicatory powers and the developing legal principles for cartel detection and prosecution. The research investigates the effectiveness of traditional enforcement methods which include circumstantial evidence, dawn raids and the leniency program within digital and platform-based markets.
Rights, Remedies, and Responsibility: Climate Litigation in the Age of Global Governance
Climate change is no longer merely a concept or confined to the environmental crisis; it has become an issue of defining justice, human rights, and governance in the 21st Century. The evolving landscape of climate litigation, focusing on the tripartite framework of Rights, Remedies and Responsibility. The three pillars of Rights, Remedies, and Responsibility had become so important to the completion of the litigation. The three pillars are the framework that would ensure environmental betterment. As global governance shifts from top-down treaties to polycentric legal efforts, plaintiffs are increasingly invoking their fundamental rights, such as the right to life, health, and a healthy environment, to compel accountability from states and corporations. The different cases laws are identified, and it is stated how courts are bridging the gap between national law and international law, and are committed towards conventions like the Paris Agreement or any other treaties. Climate change has not emerged as an environmental crisis, but has invaded many human rights and global governance. Climate litigation has a transformative role in global governance, bridging the gap between international environmental commitments and domestic enforcement. It examines how the right to a healthy environment has defined the state’s responsibility, forced the courts to develop new remedies, including necessity mandates and oversight of commissions, and addressed existential threats posed by climate change. The rise of climate litigation as a mechanism for accountability and the integration of the human rights framework into climate change are evolving responsibilities of states, corporations, and international institutions. The paper explores the shift from procedural challenges to substantive rights-based claims. The expansion of the Duty to Care doctrine and the challenges of securing effective judicial remedies. The paper argues that while litigation cannot replace a comprehensive policy. It serves as an essential mechanism for enforcing. However, the paper argues that litigation cannot replace legislative actions. It serves the vital governance of last resort, forcing transparency and establishing a global legal precedent for climate accountability. The paper will discuss the various case laws that affect climate management and ensure environmental governance.
A Critical Review of Right to Abortion of Adolescents and Reproductive Justice in India
Abortion remains a deeply sensitive societal issue, characterized by the enduring conflict between pro-life and pro-choice ideologies. The Constitution of India recognizes reproductive autonomy as integral to right to privacy, liberty and human dignity. While reproductive autonomy serves as a broad concept, right to abortion is a critical component intrinsically linked to reproductive rights. The abortion laws of India, governed primarily by the MTP Act, 1971 with 2021 amendment, legalises abortions only under specific conditions. The regulatory framework of adolescent abortion under the Act failed to recognise the Principle of Evolving Capacities of minors evolved in the reproductive human rights initiatives of international law and the Indian judiciary. Termination of adolescent pregnancy in India requires the fulfilment of conditions, such as mandatory guardian consent requirements for termination of pregnancy of minors under MTP Act and mandatory reporting of adolescent pregnancy on the presumption of sexual assault of child, under the POCSO Act. Such restrictive procedural aspects often deter both the adolescent girls and medical professionals from providing services to adolescents, thereby obstructing access to timely, safe, and affordable care. In this background, this article critically examines the evolution of abortion laws in the light of reproductive jurisprudence in India, by analysing the legal framework pertaining to right of abortion of adolescents. It argues that, in spite of the legal framework and judicial pronouncements to recognise reproductive rights of adolescents, inconsistencies persist in the legal mechanism necessitates a transformation of State centric approach to reproductive autonomy of adolescent girls.
Admissibility of Digital Evidence under Bhartiya Shakhya Adhiniyam, 2023: Balancing Data Privacy and Challenges in Light of the DPDP Act, 2023
The introduction of new criminal laws has introduced overarching changes in the criminal justice system. The Bhartiya Sakshya Adhiniyam, 2023 includes electronic records as documents and lays down the procedure for proving its admissibility under section 63. However, there remain gaping loopholes in its operation, especially since proving the authenticity of digital records has been a matter of judicial debate recently. The Digital Personal Data Protection Act, 2023, designed to protect data privacy of individuals, prescribes strict accords for handling, storing, recording and transmission of data. This article aims to identify the points of conflict between the two legislations and suggests measures that can be employed to arrive at a harmonious resolve. The objectives sought to be achieved by these contemporary laws is making adequate usage of modern technology in administration of justice and protection of data privacy of individuals, while public welfare remains the end goal.
Legal Aid Services in Nigeria and United States of America: An Epileptic Justice System
Equal and efficient access to justice system among the citizens of Nigeria and United States of America is inadequate due to economic problems, poor government policies and inadequate legal aid services. Therefore, there is need to eradicate or at least, minimise the barriers militating against adequate opportunity to access justice system through legal aid services by the low-income persons. This paper seeks to examine the concept and effects of legal aid services on the citizens of Nigeria and United States of America. It should be noted that the right of access to court and access to justice of the citizens of the two countries under review is constitutional. To achieve the above stated objectives, the research methodology employed in this paper is qualitative. Hence, the paper adopted doctrinal approach which entails library – based analysis of the content of both the primary and secondary sources of information. The primary sources in this regard include the various international instruments such as the Universal Declaration of Human Rights, 1948, Canadian Charter of Rights and Freedoms 1985, African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Legal Services Corporation Act of 1974, the European Convention on Human Rights as well as national legislations such as the Constitution of the Federal Republic of Nigeria, 1999 (as altered), and the Constitution of the United States of America, Legal Aid Act, L.F.N; 2011and case laws. The secondary sources on the other hand are textbooks, journal articles, law reports, newspapers and internet materials. The paper found that despite the provisions of the Laws mentioned above, viz-a-viz the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Constitution of the United States of America 1992 (as amended) and the European Convention on Human Rights. Some bottlenecks are impeding the actual and efficient implementation of adequate legal aid services to the prospective beneficiaries in Nigeria and United States of America. This paper concluded that for people to enjoy effective and efficient access to court and access to justice through legal aid services, the government should establish a number of mechanisms and avenues that would guarantee the right to access to court and access to justice through legal aid services in civil and criminal cases alike to everybody, irrespective of their financial positions. This will further activate proper dispensation of substantial justice to all citizens on equal basis without any form of discrimination or bias.
Law and Spirituality in Nigeria: Post Covid-19 Pandemic Reflections and Human Right Perspectives
Nigeria is globally recognized as one of the most religious practising countries in the globe today and its religious leaders amongst notable church leaders in the world. This assertion is not untrue considering the number of the Nigerian population who are committed to the faith, values, beliefs and the spiritual inclinations of their respective denominations and church leaders. However, there have been frictions between the faith teaching of the church and the law especially when the government forms a policy that does not align with the teaching of faith. The lockdown policy in the covid-19 pandemic era and the use of surgical nose masks was deemed an act of doubt in God and there are churches that refused the lockdown policy and were subsequently held liable for breaking the law. Does the right to religion encompass the right to one’s spiritual conviction? This research examines the human right perspectives on spirituality and the human right legal perspectives in the nation of Nigeria.
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.
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.
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.
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.
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.
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.
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.