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Chinks In The Climate Law Armor: State Responsibility For Climate Change Harms
Girish Bhaskaran Nair, LL.M., Government Law College, Trivandrum ABSTRACT Attribution has long been a necessary limb of State responsibility under Article 2 of ARSIWA and the customary law. Climate litigants struggle to prove attribution to fix State responsibility in international adjudication, given diffuse, multi-state causation. Further, the climate law regime gives individuals no litigation route of their own. The trend is for the claimants to invoke general human rights
IJLLR Journal
6 days ago1 min read
Tracing The Evolution Of The Basic Structure Doctrine Post Kesavananda Bharati Judgment: An Analysis
R Sushmithaa Roshini, High Court of Karnataka Nishant Aggarwal, School of Law, Christ University, Bengaluru ABSTRACT A country may have a constitution but not essentially constitutionalism. Constitutionalism comes with certain principles so as to provide a better understanding of the Constitutional text. In a broader sense it can be defined as a legal limitation on the government. Our Country India, not only has a constitution but ensures it is bounded by the principles of co
IJLLR Journal
6 days ago2 min read
Reforming India’s Maritime Legal Framework: A Critical Analysis Of The Merchant Shipping Act, 2025 And Emerging Challenges In Maritime Governance
Rudra Jaiswal, B.A. LL.B., Amity University Madhya Pradesh, Gwalior, India Sanskriti Sinha, B.A. LL.B., Amity University Madhya Pradesh, Gwalior, India ABSTRACT India’s dependence on the sea has never been in doubt; the currency of its shipping law has been. For sixty-seven years the sector was governed by the Merchant Shipping Act, 1958, a statute descended from Victorian British legislation and swollen by amendment into a text of over 560 sections. The Merchant Shipping Act
IJLLR Journal
6 days ago2 min read
Burnt Faces, Sensational Screens: Media Framing, Public Outrage, And Sentencing In Indian Acid-Attack Jurisprudence
Jasmin Ahluwalia, Rajiv Gandhi National University of Law ABSTRACT The law is said to be applied equally for everyone, yet media narratives stringently regulate the response the judiciary as well as the public have to cases of a similar nature. Despite the carefully laid down statutes like the Indian Penal Code, sections 326A-326B, and strict Supreme Court regulations on acid attacks, the conviction rates relating to these laws remain statistically low and are tainted by the
IJLLR Journal
6 days ago1 min read
Artificial Intelligence, Data Protection And Privacy: Emerging Challenges Under Indian Cyber Law
Sanskriti Sinha & Rudra Jaiswal, B.A. LL.B. (Hons.), Amity Law School, Amity University, Gwalior, Madhya Pradesh, India ABSTRACT India now regulates artificial intelligence with a statute that was not written for it. The Digital Personal Data Protection Act, 2023, whose substantive provisions become enforceable on 13 May 2027, rests on a transactional model in which an identified fiduciary collects identified data from an identified individual for a stated purpose. Machine le
IJLLR Journal
6 days ago2 min read
When The Infringement Occurs Abroad: Reassessing Copyright Jurisdiction In The AI Era Through ANI Media Pvt. Ltd. V. OpenAI Judgment
Aditya Talwar, Legal Practitioner ABSTRACT The emergence of artificial intelligence (“AI”) has exposed the inadequacy of conventional territorial principles governing copyright jurisdiction. Unlike traditional copyright disputes, AI systems function through decentralised cloud infrastructure where copyrighted works may be collected, processed, stored and reproduced across multiple jurisdictions simultaneously. This technological reality has complicated the determination of th
IJLLR Journal
6 days ago1 min read
Under The Algorithmic Eye: Evaluating AI- Driven Surveillance And The Digital Personal Data Protection Act, 2023
Amardeep, PhD Research Scholar, Rajiv Gandhi National University of Law, Patiala ABSTRACT The Digital Personal Data Protection Act, 2023 is commonly presented as the statute that gives effect to the right to informational privacy recognised in Justice K.S. Puttaswamy v. Union of India. This article tests that presentation against a practice the Act is poorly equipped to govern, namely the use of artificial intelligence by police and administrative agencies to identify and tra
IJLLR Journal
6 days ago1 min read
Beyond The Courtroom: A Three-Pillar Integrated Rural Justice Empowerment Model
Sneha Pai, Shri Jagdishprasad Jhabarmal Tibrewala University ABSTRACT Article 39A of the Constitution of India mandates the state to secure equal justice and provide free legal aid, ensuring that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Despite robust statutory frameworks established under the Legal Services Authorities Act, 1987, grassroots legal literacy in rural India remains disconnected from the real so
IJLLR Journal
6 days ago1 min read
The DPDP Act 2023: What Corporates Need To Prepare For
Ronald Philips, Advocate ABSTRACT The Digital Personal Data Protection Act, 2023 is India’s first comprehensive law on how personal data must be collected, stored and used. It came after the Supreme Court held, in K.S. Puttaswamy v. Union of India, that privacy is a fundamental right. This article looks at what the Act actually requires of companies: getting clear and specific consent from users, honouring their rights over their own data, and meeting extra obligations if a c
IJLLR Journal
6 days ago1 min read
Environmental Constitutionalism In India: Judicial Innovation And Constitutional Interpretation
Dr. Rohitas Meena, Associate Professor, Faculty of Law, P.K. University, Shivpuri, MP. ORCID ID: 0009-0005-0768-5617 ABSTRACT Environmental constitutionalism represents the integration of environmental protection principles within constitutional law, transforming ecological concerns into enforceable legal rights and duties. In India, this evolution has largely been driven by judicial interpretation rather than explicit constitutional text. The Indian Constitution does not exp
IJLLR Journal
6 days ago1 min read
Digital Afterlife And Posthumous Privacy: Legal Frameworks For AI Resurrection And Synthetic Media Creation Of Deceased Persons
Udayan Rai, LL.B. (Hons.), Jindal Global Law School, OP Jindal Global University ABSTRACT The quick and rapid emergence of technologies has enabled the idea of “digital resurrection” through synthetic media. This can range from anywhere between memorial chatbots, lifelike voice to video simulations etc. These technologies have really disturbed the existing notions of privacy, dignity, and control one has over their personal data after their death. While some states in the USA
IJLLR Journal
6 days ago1 min read
Sowing Rights, Reaping Justice: A Constitutional Reappraisal Of Farmers’ Rights In India
Lakshay Manchanda, Advocate Aanchal Sharma, Indore Institute of Law, Indore, MP ABSTRACT This study takes a critical look at India's Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, which was introduced to meet India's commitments under the TRIPS Agreement. The Act was designed to create a unique and specialized system for protecting plant varieties, often referred to as a "sui generis" system. The main goal of this Act is to ensure that both plant breede
IJLLR Journal
6 days ago2 min read
Personality Rights In India: A Doctrine Reserved For The Famous
Manmeet Kaur, Amity University Noida Vedant Solanki, Amity University Noida ABSTRACT Personality rights, which include the right to control one’s name, image, likeness, voice, and other personal characteristics, are theoretically founded upon the universal values of privacy, dignity, and autonomy. Nevertheless, in the Indian context, the actual enforcement of personality rights is characterised by a remarkable strangeness: personality rights litigation is virtually monopolise
IJLLR Journal
6 days ago2 min read
Beyond Flexibility: Reimagining Labour Protection In India's Platform Economy
Savita Bhimanagouda Patil, Suresh Gyan Vihar University, Jaipur Dr. Venoo Rajpurohit, Suresh Gyan Vihar University, Jaipur ABSTRACT The rapid expansion of India's platform economy has transformed work by creating flexible, technology-driven employment in sectors such as transportation, food delivery, domestic services, logistics, and digital freelancing. While these opportunities have expanded income generation, they have also exposed millions of workers to new forms of econo
IJLLR Journal
Aug 171 min read
Taxation Without Representation: Delegated Authority And Citizens' Rights In The Shadow Of The In Re Delhi Laws Act
Khushi Sahni, OP Jindal Global University ABSTRACT This case analysis critically examines the landmark Supreme Court decision in Rajnarain Singh v. The Chairman, Patna Administration Committee (1954 AIR 569), focusing on the permissible limits of delegated legislation and the doctrine of essential legislative functions. The dispute arose from executive notifications issued under Section 3(1)(f) of the Patna Administration Act, 1915, which modified and extended provisions of t
IJLLR Journal
Aug 171 min read
Invisible Victims Of Development: Disability, Intergenerational Harm, And The Response Of International Human Rights Law
Teesta Itilekha, Jindal Global Law School, O.P. Jindal Global University ABSTRACT Industrial and mining development activities are widely celebrated as symbols of national progress, but has produced generations of “Invisible victims”, whose disabilities and intergenerational harms remain unrecognised in the realm of law. The aim of this paper is to examine how toxic exposure from sites such as Jadugoda’s mines, Uranium mines in Navajo Nation (in US) and ultimately Bhopal Gas
IJLLR Journal
Aug 171 min read
Bailment In The Age Of Digital Assets: Traditional Concepts Surviving Intangible Goods
Bhuvana Shalya, BA LLB (Hons.), PES University, Bangalore, Karnataka ABSTRACT This research paper examines whether traditional bailment principles under Sections 148–181 of the Indian Contract Act, 1872, a 150-year-old statute never amended for digital realities can adapt to intangible assets like cloud data, crypto currencies, and NFTs (Non fungible tokens). It highlights definitional gaps in "goods" and "delivery," judicial reluctance to impose bailee duties (Sections 152–1
IJLLR Journal
Aug 171 min read
An Analytical Study Of Tax Refund Mechanisms, Appellate Remedies, Revisionary Powers, And Penal Provisions Under Indian Taxation Law
Sanjana Kalegowda, KLE Law College, Bengaluru ABSTRACT The Income Tax Act, 1961 provides not only the legislative basis for the levy and collection of taxes but also incorporates mechanisms designed to safeguard taxpayer rights and promote fairness in fiscal administration. Among these, the provisions relating to refund of tax, appeal, revision, offences, and penalties serve as the core balancing tools between the authority of revenue officials and the entitlements of taxpaye
IJLLR Journal
Aug 171 min read
Between Compliance And Capital: The Fundraising Paradox Of Section 8 Companies
Ms. Sharayu Kadam, LL.B., New Law College in Mumbai. ABSTRACT Section 8 companies in India hold a peculiar place straddling the nonprofit and corporate worlds they are obliged to pursue social objects but can't distribute profits. This dual nature creates a paradox in their fundraising competing in the corporate form bestows on them credibility and regulatory identification; yet, cumbersome governance structures discourage potential donors and investors. The article studies t
IJLLR Journal
Aug 171 min read
Profits Without Prosperity: Questioning The Morality Of Share Buybacks
Teesta Itilekha, O.P. Jindal Global University ABSTRACT Share buybacks, also known as share repurchases, are a highly common tactic employed by companies to increase earnings per share and thereby increase shareholder value. Although this practice of buying back one's own shares is legally permissible, prioritising profit over Corporate Social Responsibility has raised questions about its ethical implications. This study examines the benefits of share buybacks including signa
IJLLR Journal
Aug 171 min read
Mob Lynching Under The Bharatiya Nyaya Sanhita, 2023: A Critical Appraisal Of Sections 103(2) And 117(4)
Trishala Pathak, LL.M. (Human Rights and Duties Education), Faculty of Law, Banaras Hindu University, Varanasi, Uttar Pradesh, India ABSTRACT The enactment of the Bharatiya Nyaya Sanhita, 2023 marks an important development in India's criminal-law response to specified forms of collective identity-based violence. Sections 103(2) and 117(4) introduce specialised provisions concerning group-based murder and grievous hurt where five or more persons act in concert on specified or
IJLLR Journal
Aug 171 min read
Implementation Of The Prohibition Of Child Marriage Act, 2006 In Tribal Areas: A Socio- Legal Study Of Gopanari
Chandhana S Priyan, BBA LLB (Hons.), Symbiosis Law School, Pune ABSTRACT Child marriage continues to be a significant social and legal issue in India, despite the enactment of the Prohibition of Child Marriage Act, 2006. Particularly, this practice is widely evident in the tribal settlements where socio economic reasons, cultural traditions, limited educational opportunities and lack of legal awareness contribute to the prevalence Child marriage. This research paper examines
IJLLR Journal
Aug 172 min read
Artificial Intelligence And Copyright: Legal Issues And Challenges
Gaurav Kaushik, Bharati Vidyapeeth, New Delhi ABSTRACT Artificial Intelligence (AI) has become one of the most significant technological advancements of the twenty-first century, reshaping many areas like education, healthcare, entertainment, news, and creative fields. The rapid expansion of generative AI tools, such as “Claude, ChatGPT, Gemini and other machine learning models” has changed how creative works are generated, shared, and sold. These tools have enhanced creativi
IJLLR Journal
Aug 172 min read
AI, Data Centres, And Freshwater Scarcity: The Role Of International Environmental Law In Protecting The Human Right To Water
Anmol Mahajan & Qifah Nazki, BBA LLB (Hons.) Model Institute of Engineering and Technology, Jammu, India ABSTRACT Artificial intelligence and its rapid advancement have resulted in the unprecedented expansion of data centres worldwide, serving the world while posing environmental challenges beyond conventional concerns of carbon emissions and energy consumption. Amongst these existing challenges, the freshwater requirement for data centre cooling systems is quite intensive, a
IJLLR Journal
Aug 172 min read
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