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Between Autonomy And Weaponization: The Constitutional Paradox Of The Marital Rape Exception Under India’s Bharatiya Nyaya Sanhita (2023)
Utkarsh Raj, B.A.LL.B., Lloyd Law College, Greater Noida, Prachi Sahu, Department of Humanities (Grade 12), Vedic International School ABSTRACT This paper interrogates the constitutional validity of the marital rape exception preserved under Section 63, Exception 2 of India’s Bharatiya Nyaya Sanhita, 2023 (BNS), the statute that took effect on July 1, 2024 and supplanted the colonial-era Indian Penal Code of 1860. Even as lawmakers claimed to be purging Indian criminal law of
IJLLR Journal
Aug 212 min read
Beyond Earth: Rethinking Intellectual Property Jurisdiction And Enforcement In Outer Space
Chandramani Bhaskar, ILS Law College, Pune ABSTRACT Intellectual property law is built on the assumption that legal rights stop at a border. Patents, trademarks, and copyrights are granted, held, and enforced within the territory of the state that recognises them, yet the Outer Space Treaty of 1967 rules out exactly the kind of territorial claim on which that system depends. This paper traces how states, space agencies, and international institutions have tried to reconcile t
IJLLR Journal
Aug 211 min read
From Consent To Control: Reassessing Informational Privacy Under India's Digital Personal Data Protection Framework
Pratibha Jha, The Institute of Company Secretaries of India (ICSI) ABSTRACT The recognition of privacy as a fundamental right by the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India marked a constitutional transformation in the understanding of individual autonomy, dignity and informational privacy. The Digital Personal Data Protection Act, 2023 (DPDP Act) subsequently sought to establish a statutory framework governing the processing of digital per
IJLLR Journal
Aug 211 min read
Indigenous Ecological Knowledge: Concepts, Contributions And Challenges For Contemporary Environmental Governance
Priyamvada Shukla, Research Scholar, Faculty of Law, University of Lucknow ABSTRACT Indigenous ecological knowledge, often called Traditional Ecological Knowledge or Indigenous and Local Knowledge constitutes long-standing, place-based bodies of knowledge, practices and worldviews that govern human relationships with ecosystems. This paper examines the conceptual foundations of IEK, reviews empirical evidence of its contributions to biodiversity conservation, resource managem
IJLLR Journal
Aug 211 min read
Narcoanalysis In Criminal Investigation: A Conflict Between Truth-Seeking And The Right To Fair Investigation And Privacy Under Article 21
Santhosh, The Central Law College, Salem, Tamil Nadu ABSTRACT Narcoanalysis, together with allied scientific interrogation techniques such as the polygraph (lie-detector) test and the Brain Electrical Activation Profile (BEAP), has been employed by Indian investigating agencies as a supposed aid to uncovering the truth in criminal cases. While proponents present these methods as valuable investigative tools capable of cutting through an uncooperative suspect's silence, their
IJLLR Journal
Aug 211 min read
Corporate Social Responsibility In India: Legal Framework And Emerging Challenges
Jyoti Sharma, Assistant Professor of Law, Parul University. ABSTRACT Corporate Social Responsibility (CSR) in India has undergone a significant transformation from a largely voluntary form of corporate philanthropy into a statutory responsibility governed by a detailed legal and regulatory framework. The Companies Act, 2013, particularly Section 135 and Schedule VII, established the principal legal foundation for mandatory CSR by requiring companies satisfying prescribed fina
IJLLR Journal
Aug 212 min read
Shifting The Burden: Apportioning Tortious Liability Between Physicians, Hospitals, And AI Developers For Diagnostic Errors
Vijayaraghavan K, LLM, School of Criminal Law and Criminal Justice Administration, Tamil Nadu Dr. Ambedkar Law University, School of Excellence, Taramani, Chennai 600113, Tamil Nadu, India ABSTRACT The integration of Artificial Intelligence (AI) into clinical diagnostics has revolutionized the healthcare delivery system, yet there exist profound challenges to traditional medical malpractice frameworks. In the absence of the AI diagnosis the diagnostic errors were attributed t
IJLLR Journal
Aug 212 min read
AI Agents And Legal Personality: Rethinking Legal Personhood In The Age Of Autonomous Artificial Intelligence
Shweta, Guru Nanak Dev University, Amritsar. ABSTRACT The rapid development of autonomous artificial intelligence (“AI”) agents is challenging traditional assumptions about agency, responsibility, and legal personality. Unlike conventional software, increasingly sophisticated AI agents can interpret objectives, formulate plans, interact with external systems, make decisions, and perform actions with limited or delayed human intervention. This development raises a fundamental
IJLLR Journal
Aug 211 min read
Anti-Dumping Measures And Countervailing Duties: Protection Of Domestic Industry In International Trade
Aiswarya C K, Bharata Mata School of Legal Studies, Aluva ABSTRACT The expansion of international trade has brought significant economic benefits while also exposing domestic industries to unfair trade practices, such as dumping and subsidised imports. This article analyses anti-dumping measures and countervailing duties within the framework of international trade law and the Indian legal system. It examines the legal principles governing the imposition of these measures, the
IJLLR Journal
Aug 211 min read
AI And Inventorship In Patent Law: A Comparative Analysis Of India, Europe And The United States
Chandramani Bhaskar, ILS Law College, Pune ABSTRACT Patent law traditionally assumes that an invention can be attributed to a human mind. Artificial intelligence challenges that assumption when a system does more than assist research and is said to generate the technical solution itself. This article uses the DABUS litigation as a common factual reference point to compare the United States, the European patent system and India. It distinguishes AI-assisted invention, where a
IJLLR Journal
Aug 211 min read
The Privity Gap In E-Commerce: Intermediary Platforms And The Inadequacy Of Liability Allocation Under The Sale Of Goods Act, 1930
Ms. Krishnaa Thite, O.P Jindal Global University ABSTRACT The Sale of Goods Act, 1930 is a system that is designed for bilateral transactions between two identified persons, one of whom is the seller through the ownership of the title. By exerting significant control over sales, including price listing, product display, payment processing, and grievance redressal, while never possessing title to the commodities themselves, e- commerce platforms have upended this system. This
IJLLR Journal
Aug 211 min read
Beyond Acquittal: Reclaiming Dignity, Reputation, And Justice After Wrongful Prosecution
Shakshi Dubey & Raghav Maheshwari, IMS Law College, Noida, India ABSTRACT This research examines whether an acquittal following wrongful prosecution, by itself, is sufficient to restore the constitutional rights, dignity, reputation, and social standing of an individual who has undergone a wrongful prosecution. It contends that while an acquittal brings criminal liability to an end, it seldom erases the enduring consequences of prosecution, including reputational injury, soci
IJLLR Journal
Aug 211 min read
Cross-Border Insolvency: Harmonization, Jurisdictional Approaches And Creditor Protection
C. Maruthapandi, Assistant Professor, Department of Business Law, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, Tamil Nadu, India Dr. R. Kumudha, Assistant Professor (SG), Government Law College, Coimbatore, Tamil Nadu, India ABSTRACT Cross-border insolvency presents significant challenges arising from differences in national insolvency laws, jurisdictional rules, creditor priorities, and mechanisms for recognizing and coordinating foreign
IJLLR Journal
Aug 211 min read
Changing Parties, Changing Ideologies. Does India Require An Amendment To The Anti- Defection Law?
Aayushmaan Thakur, O.P. Jindal Global University. ABSTRACT The instances of party defections are not a new phenomenon for this country. While the Anti Defection Law was introduced in the year 1985 and was amended in 2003 intending to curb the avenues of opportunistic exploitation, it failed to produce the intended outcome. Therefore, defections continued. While such acts of defection have been beneficial for individual level gains, they create a sense of un-accountability and
IJLLR Journal
Aug 211 min read
Law On Paper, Destruction On The Ground: Illegal Mining And The Crises Of Environmental Governance In Jharkhand
Anjali Bharti, LL.B., LLM. (Criminal Law), The ICFAI University ABSTRACT Jharkhand is one of the most mineralized producing states of India, but the environmental damage of its mining sector in the state continues to raise a serious concern. Illegal mining has become a frequent problem which leads to pollution, deforestation, land degradation, abandoned mines and depletion of natural resources. These environmental impacts are not just limited to ecological damage but also aff
IJLLR Journal
Aug 211 min read
Deepfakes And The Law: An Analysis Of The Legal Framework In India
Tapasya Dwivedi, Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur ABSTRACT The rapid development of Artificial Intelligence has led to the emergence of deepfakes, digitally manipulated or synthetically generated content that can be used to impersonate individuals, spread misinformation, commit fraud and violate privacy. This paper examines the existing legal framework in India for dealing with deepfakes, particularly the Informatio
IJLLR Journal
Aug 211 min read
Sexual Harassment Within Marriage: A Hidden Catalyst For Divorce And Mental Breakdown
Kini Saxena, B.Com. LL.B. (H), LLM (Family Law), PhD (Pursuing), Shobhit University, Meerut, Uttar Pradesh ABSTRACT Marriage is idealized as a sacred union between two parties wherein mutual respect, companionship and mutual consent can become a site of coercion, trauma and disrespect if the sexual autonomy is violated by the husband. The notion of sexual consent within marriage is not respected within the patriarchal society even when multiple legal and social rights have be
IJLLR Journal
Aug 211 min read
Customs Law And Foreign Trade Regulation In India: Prohibitions, Restrictions And Penalties
Happymol C A, Bharata Mata School of Legal Studies, Aluva ABSTRACT The Customs Act, 1962, which regulates the movement of goods across the customs border and imposes duties, and the Foreign Trade (Development and Regulation) Act, 1992, which gives the Directorate General of Foreign Trade the authority to create a licensing and policy regime for imports and exports, are the two regulatory frameworks that govern international trade in India. When taken as a whole, these laws tr
IJLLR Journal
Aug 211 min read
Insider Trading And Its Legal Implications In India: A Critical Analysis
Srajit Bali Mathur & Tarushi Jain, Bennett University ABSTRACT Insider trading is a process of trading securities by people who have certain material information not known or available to the public. It has heavy legal ramifications as well as ethical. Although insider trading is prohibited in India, still it has not gained the desired strength of enforcement. This paper involves an in-depth analysis of insider trading in India. Majors discussed are the regulatory framework,
IJLLR Journal
Aug 212 min read
Arbitration's Unfinished Business: Rethinking Finality, Public Policy, And Judicial Power In India
Tanisha Sabyasachi Pattanaik, O.P Jindal Global University ABSTRACT Despite India's stated commitment to a pro-arbitration, minimal-interference regime, the post-award stage continues to witness expanding judicial engagement, raising fresh questions about the true meaning of arbitral finality today. This paper traces the contemporary trajectory of India's post- award framework under the Arbitration and Conciliation Act, 1996, examining how the doctrine of public policy has be
IJLLR Journal
Aug 201 min read
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