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A Critical Analysis On Consideration Of Plant Patents In India
Mahaashri J, SASTRA Deemed University Raja Vyshanavi R, SASTRA Deemed University ABSTRACT Patent is a right given to any creator who has invented a new article or an improvement of an existing article or a new process of making an article. It gives exclusive rights to the new creation for a limited period. It is given for an invention if it meets the prescribed conditions. Plant patents can be used to incentivize research and development in plant varieties. Naturally availabl
IJLLR Journal
Nov 25, 20251 min read
Judicial Discretion Vs. Statutory Silence: The Case For Maintenance Calculation Guidelines In India
Priyandita Sethy, Birla Global University Gnanada Veeravalli, Birla Global University ABSTRACT The current law on maintenance in India is heavily dependent on judicial discretion since they do not have the statutory standards about the manner in which to compute amounts. Courts determine maintenance as things in terms of income and standard of living, and personal needs, which we can find in the landmark cases, such as Rajnesh v Neha (2020), which attempted to establish loose
IJLLR Journal
Nov 25, 20251 min read
Air Pollution Regulation In India: Legal Framework Challenges, And Reforms
Sarthak Das, Birla Global University, Gothaptna, Bhubaneswar ABSTRACT Air pollution has become one of India's major environmental and public health problems, with major cities consistently ranked among the worst in the world in terms of pollution. Despite having a relatively robust legal and regulatory framework dealing with air quality management, primarily in the form of the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and vari
IJLLR Journal
Nov 25, 20251 min read
Artificial Intelligence And The Labour Theory Of Copyright In India: Emerging Challenges
Pushap Deep, Junior Research Fellow, Department of Laws, Himachal Pradesh University, Summer Hill, Shimla, 171005 Dr. Geetika Sood, Assistant Professor, Department of Laws, Himachal Pradesh University, Summer Hill, Shimla, 171005 ABSTRACT Modern copyright systems face significant doctrinal and policy issues as a result of Artificial Intelligence's (AI) explosive growth as an independent creative agent. The labor-desert argument, which is based on human intellectual effort, na
IJLLR Journal
Nov 25, 20252 min read
Protecting Fashion Designs Through Copyright Vs. Design Patents: A Comparative Study Of The US, EU, And India
Ganesh Ram K.N., B. Com. LL.B., School of Law, SASTRA Deemed University, Thanjavur, Tamil Nadu India Aaditya Narayanan V., B.B.A LL.B., School of Law, SASTRA Deemed University, Thanjavur, Tamil Nadu, India ABSTRACT The fashion industry is a high-speed world that never seems to sit still in its drive for creativity, novelty and creating endless consumer demand for a new look. Fashions come and go in cycles that operate orders of magnitude faster than the legal institutions int
IJLLR Journal
Nov 25, 20252 min read
Securing Digital Finance: A Legal Analysis Of Cyber Risks And Data Protection In The Fintech Era
Dr. Subhashini A, Assistant Professor in Government Law College, Theni ABSTRACT The rapid rise of Financial Technology (FinTech) has reshaped modern financial services by enabling faster transactions, wider accessibility, and innovative digital tools. Yet, this technological progress has brought significant concerns related to cybersecurity and personal data protection. As FinTech systems depend on large volumes of sensitive information— including financial records, biometric
IJLLR Journal
Nov 25, 20252 min read
Uniformity In Maintenance: An Analysis Of Personal Laws, Civil Laws And The New Legal Framework Under BNSS
Abha Mishra, IILM University, Greater Noida ABSTRACT This paper explores India’s multi-layered legal framework on maintenance, where religion specific personal laws operate alongside a common, secular procedural system. It traces the statutory foundations under Hindu law, the Hindu Marriage Act, 1955, and the Hindu Adoptions and Maintenance Act, 1956 and the provisions under Muslim personal law, particularly the Muslim Women (Protection of Rights on Divorce) Act, 1986. The st
IJLLR Journal
Nov 25, 20251 min read
Lex Machina: The Emergence Of Artificial Intelligence And The Transformation Of The Indian Legal Order
Priyanshu Bisht, B.A.LL.B. (Hons.), Graphic Era Hill University, Dehradun. ABSTRACT This paper critically examines the integration of Artificial Intelligence (AI) into the Indian legal system, analysing the profound constitutional, ethical, and jurisprudential challenges that accompany its promise of enhanced efficiency. Against the backdrop of a judicial system burdened by immense case pendency, AI is increasingly positioned as an essential instrument of reform. This researc
IJLLR Journal
Nov 25, 20251 min read
Old Wine In A New Bottle? A Critical Appraisal Of The Bharatiya Nyaya Sanhita, 2023
Priyanshu Bisht, B.A.LL.B. (Hons.), Graphic Era Hill University, Dehradun. ABSTRACT This paper undertakes a critical appraisal of the Bharatiya Nyaya Sanhita, 2023 (BNS), which has replaced the long-standing Indian Penal Code, 1860 (IPC). While presented as a landmark decolonizing and modernizing reform, this analysis contends that the BNS is fundamentally a project of consolidation and rebranding that preserves the substantive punitive core of its colonial predecessor. The S
IJLLR Journal
Nov 25, 20251 min read
Deepfakes, Misinformation & The Indian Legal Vacuum: The Urgent Need For A Dedicated Deepfake Law
Priyanshu Bisht, B.A.LL.B. (Hons.), Graphic Era Hill University, Dehradun ABSTRACT This paper conducts a doctrinal and comparative analysis of the 'legal vacuum' in Indian law concerning the regulation of generative artificial intelligence and deepfake technology. It argues that existing statutory frameworks, primarily the Indian Penal Code, 1860 (and its successor, the Bharatiya Nyaya Sanhita, 2023) and the Information Technology (IT) Act, 2000, are conceptually inadequate t
IJLLR Journal
Nov 25, 20252 min read
An Analysis Of Intellectual Property Challenges For AI-Generated Works In The Entertainment Industry
Shaurya Kapoor, The Shri Ram School, Aravali, Haryana, India ABSTRACT The rapid advancement of generative artificial intelligence (AI) has transformed creative processes within the entertainment industry, enabling new forms of content production. However, existing intellectual property (IP) frameworks largely fail to address the complexities arising from AI- generated works, particularly regarding authorship and ownership. Most jurisdictions require a natural person to be nam
IJLLR Journal
Nov 25, 20251 min read
Borrowing A Doctrine: The Reincarnation Of American Judicial Review In India
Anushka Sharma, LLM (IP), Amity Law School, Noida ABSTRACT Judicial review is the power of the judiciary to check the constitutional validity of the laws made by parliament and executive bodies of government and protect the constitution. This doctrine was originally developed by the US supreme court. Indian constitutional makers borrowed the doctrine of judicial review from the constitution of the United States of America. Although no express provision was there in the Americ
IJLLR Journal
Nov 25, 20251 min read
The Persistence Of Patriarchy: A Critical Analysis Of The Marital Rape Exception In Section 63 Of The BNS
Avika Vats, IILM University Paras Yadav, IILM University ABSTRACT One concerning relic of patriarchal law is the Marital Rape Exception found in Section 63 of the Bharatiya Nyaya Sanhita. The clause undermines married women's fundamental dignity by treating marital status as a shield against accountability and absolving a husband of criminal responsibility for engaging in non-consensual sexual relations with his spouse. This paper argues that the exception is incompatible wit
IJLLR Journal
Nov 25, 20251 min read
Space Debris Polluting The Orbit: Legal Accountability And Environmental Consequences In Outer Space
Nirupama R.L., LL.M., Kerala Law Academy, Trivandrum ABSTRACT Space debris has emerged as the most significant hazard to human operations in outer space today, endangering not only spacecraft systems but also the lives of astronauts aboard missions. This growing cloud of orbital waste includes defunct satellites, spent rocket stages, and fragments from accidental or deliberate collisions. This study examines the sources of space debris, the risks it poses to active space mi
IJLLR Journal
Nov 24, 20251 min read
Gaza Before The World Court: State Responsibility And The Limits Of International Law In Armed Conflict
Raahul T R, Presidency University ABSTRACT The Gaza conflict is one of the longest-standing and intricate human conflicts of the modern period. It speaks volumes not only to the geopolitical tension of a land torn apart but also to the moral crisis of the world standing by and watching violence recur without resolution. This paper navigates through three interrelated dimensions of the conflict. the legal, humanitarian, and moral to understand how contending narratives and pro
IJLLR Journal
Nov 24, 20251 min read
Dignity, Consent, And Criminalisation: A Human Rights Perspective On Sex Work In India
Bhumika Gupta, Gitarattan International Business School, GGSIPU ABSTRACT The debate over sex work in India lies at the intersection of morality, human rights, and constitutional liberty. While the Indian Constitution guarantees equality, dignity, and personal autonomy under Articles 14, 19, and 21, the legal framework governing sex work- primarily the Immoral Traffic (Prevention) Act, 1956 (ITPA) continues to criminalize aspects of the profession, leading to systemic abuse, p
IJLLR Journal
Nov 24, 20251 min read
The ‘Rarest Of Rare’ Doctrine In India: An Effective Safeguard Or Judicial Arbitrariness?
Parwati Prajapati, Prestige Institute of Management and Research, Indore ABSTRACT The doctrine of rarest of rare is developed to limit the discretionary authority of the judiciary to impose the death penalty, as well as to ensure that the death penalty is granted in extraordinary conditions. Before the development of this doctrine, several death sentences had been passed in a scenario where other forms of punishment might have been more suitable to the purpose of serving just
IJLLR Journal
Nov 24, 20251 min read
An Analysis Of Legal Accountability Of E- Commerce Platforms In India
Harini Krishnan, LLM, Christ University ABSTRACT Digitalisation has resulted in transition from brick-and mortar stores to e- commerce. It is convenient to purchase and sell varied products and services through e-commerce entities with the help of internet, mobile applications and digital networks. In India, the Information Technology Act, 2000, Consumer Protection laws are the primary legislations that govern e- commerce. While Information Technology Act, 2000 consists of pr
IJLLR Journal
Nov 24, 20251 min read
The Ombudsman As A Watchdog Of Public Administration: An Analytical Study Of Its Role In Ensuring Good Governance
Sathesh Sankar J, Alliance University ABSTRACT The rock of the Ombudsman is that has become a key tool towards monitoring accountability and transparency in the performance of the administration in democratic societies. This analytical paper will look into how the Ombudsman as an institution of watchdog has evolved since its emergence in Scandinavia until today that it has become a global phenomenon. This research, through doctrinal studies and comparative analysis of differe
IJLLR Journal
Nov 24, 20251 min read
Patenting The Future: Reconciling Innovation And Access In India’s Clean Energy Transition
Mrudubhashini Uma Sriram, B.Com ; LL.B. (Hons.), School of Law, SASTRA Deemed University, Tamil Nadu ABSTRACT Clean technology is a key element of India’s ambitious climate policy, which resolves to achieve 500GW of non-fossil capacity by the year 2030 and net- zero emissions by 2070. It is not for the lack of improvements that problems persist in capacity expansions; including storage shortages, grid instability, and $160 billion shortfall in investments. In this aspect, int
IJLLR Journal
Nov 24, 20251 min read
Operationalising Digital Privacy: Analyzing India’s DPDP Rules, 2025
Tushar Soni, Himachal Pradesh National Law University, Shimla Introduction On 14-15 November, The Ministry of Electronics and Information Technology (MeitY) has officially notified the Digital Protection Data Protection (DPDP) Rules, 2025, making the DPDP Act 2023 , more authoritative. This move will offer the Indian users high-level privacy promises which will eventually be practical to them also. What’s special in this move is that the Indian Government didn’t rush in imple
IJLLR Journal
Nov 24, 20251 min read
The Outdated Exemption: Rethinking Children’s Education Allowance
Shivansh Singh, Presidency University, Bangalore Abdul Hannaan Siddiqui, Presidency University, Bangalore Suhail Ahmad, Presidency University, Bangalore ABSTRACT Allowances and deductions are used by tax systems around the world not just to manipulate income but also as social policy tools to alleviate households' and individuals' financial hardships. The Children Education subsidy is one such subsidy in India that was put in place to help parents pay for their child's educat
IJLLR Journal
Nov 24, 20251 min read
Digital Lending And Data Privacy: Aligning RBI’s 2025 Guidelines With India’s New Data Protection Law
Ankit Kumar & Bijendra Shandilya, B.B.A. LL.B., Indian Institute of Management, Rohtak ABSTRACT Digital lending has grown very fast in India because of the rise of smartphones and new financial technology. But this rapid growth has also created serious problems related to privacy and the safety of borrowers. Many fake or unfair loan apps started misusing people’s personal data. They collected too much information and even harassed borrowers when they could not repay loans. Th
IJLLR Journal
Nov 24, 20252 min read
Freedom Of Expression Online ‘The Chilling Effect Of Online Harassment: Reconciling Freedom Of Expression With The Right To Dignity And Safety’
Geeta Devi & Ojashvi Verma, City Academy Law College, Pure Bhicchuk, PO Karanaipur, Amethi, Uttar Pradesh ABSTRACT Today many of our daily tasks rely on digital media, which has made our lives public and created opportunities for anonymous crimes. In India, every citizen has the right to Freedom of Speech and Expression under Article 19(1)(a). However, this right is subject to reasonable restrictions under Article 19(2) and at the same time person‟s Right to Dignity and Safet
IJLLR Journal
Nov 21, 20252 min read
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