top of page
Search
From Complaint-Driven Regulation To Positive Employer Duties: A Comparative Analysis Of India, Australia, And Sweden Under ILO Convention No. 190
Shruti Mishra, RKDF University, Ranchi ABSTRACT Workplace sexual harassment has traditionally been regulated through complaint-based legal mechanisms that focus on investigating and redressing individual grievances after harm has occurred. While such frameworks remain essential for accountability, they are often inadequate to address the organisational conditions and structural inequalities that enable workplace sexual harassment. The adoption of the International Labour Orga
IJLLR Journal
Jul 161 min read
Arbitration “Can”, Arbitration Can’t!
Anant Ratnaparkhi, Practicing Advocate, Indore (M.P.), India. ABSTRACT Recently the Hon’ble Supreme Court of India (“Supreme Court”) has considered and interpreted the use of word “can” in an arbitration clause. In law, words like “can”, “may” are considered to be permissive while “shall” mandatorily binds the parties. The Courts have time and again held that the intention of the parties to refer a dispute to arbitration must be clearly spelt out. The judgement in Nagreeka In
IJLLR Journal
Jul 161 min read
Intentional Kinship: Same Sex Marriage And Chosen Family Doctrine
Aksa Mariya V Joseph, Manipal Academy of Higher Education, MAHE Bengaluru ABSTRACT In India, same sex marriage has moved beyond arguments of legalization towards specific administration and empowerment strategies, after the refusal of the Supreme Court to grant full marriage equality. Even in the 21st century, same sex marriage is not legal, while consensual relationships between same sex couples have been legal since 2018. To this day, people do not have the right to marry b
IJLLR Journal
Jul 162 min read
Substance Over Form In India’s Open Offer Regime
Atishay Jain & Kashvi Singla, BBA LLB, Symbiosis Law School, Noida ABSTRACT India’s open offer regime, set out under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, was designed to give public shareholders a fair exit whenever control of a listed company changes hands. This piece looks at how the rule actually plays out in practice, not just on paper. It walks through when an open offer kicks in, how courts have read the idea of “control,” and wh
IJLLR Journal
Jul 161 min read
Assessing The Regulatory Compliance Framework For Infrastructure Investment Trusts In India
Adv. Saniya Deogaonkar, India International University of Legal Education and Research (IIULER), Goa, India ABSTRACT The expansion of India's securities regulatory framework has substantially increased the compliance obligations imposed upon regulated entities, giving rise to important questions regarding the relationship between regulatory oversight and operational efficiency. While these compliance obligations play a critical role in the effective functioning of the capital
IJLLR Journal
Jul 142 min read
Redefining Family In India: The UCC And LGBTQ+ Rights
Shailly Sinha, B.A.LL.B., National Law School of India University, Bengaluru INTRODUCTION: The present-day evolution of family law is often categorized in terms of an inclusive family unit that aims to homogenize the differing personal laws while also retaining the inherent uniqueness amongst all of them. While the narrative is appealing, it often demands a quick reflection: Can one law truly protect everyone? The dilemma is between whether a uniform civil code that aims to e
IJLLR Journal
Jul 142 min read
Gendered Crime Patterns In India: A Feminist Criminology Approach
Misha, Alliance University ABSTRACT The present research paper investigates gender and crime relationship in India using the perspective of the feminist criminology. Traditional criminological theories tended to ignore the issue of gender and mainly concentrated on male offenders, thus not allowing the victims and offenders, who are women, to be heard. Feminist criminology criticizes these constraints through emphasizing how social orders like patriarchy, economic disparities
IJLLR Journal
Jul 141 min read
Cross-Jurisdictional Approaches To Corporate Group Insolvency: Lessons For The Insolvency And Bankruptcy Code, 2016
Danish Sharma, B.COM LL.B., O.P Jindal Global Law School I. Introduction The collapse of a corporate group is rarely a singular event. When a parent falters, subsidiaries tumble; when a subsidiary bears the group's operational debts, the parent's balance sheet is invariably implicated. The corporate group defined for present purposes as two or more legal entities connected through majority shareholding, common control, or contractual subordination has become the inherent stru
IJLLR Journal
Jul 141 min read
Digital Trade Protectionism In Nigeria Under The Nigerian Data Protection Act 2023: Lessons From European Union
Olumuyiwa Bankole, B.A (ed) English Language, Ekiti State University, Ado-Ekiti, Nigeria ABSTRACT Digital trade governance in Nigeria is still novel and significantly leverages on data collections, analyses and processes into policy decisions. Nigeria historically migrated into data governance in 2023 upon enactment of the Data Protection Act, aligning domestic data regulation with the global standards. However, the strict provisions of data localization and sector- specific
IJLLR Journal
Jul 141 min read
When Exceptions Swallow The Rule: Cesses, Surcharges, And The Erosion Of The Divisible Pool
Aditi Jain, Institute of Law, Nirma University ABSTRACT India's constitutional framework establishes fiscal federalism to create partnership-based financial cooperation between national and state governments through the Finance Commission's tax distribution system. The current fiscal operations of India show evidence that the country has moved away from its original constitutional framework. The study investigates how Union government budgetary practices of using cesses and s
IJLLR Journal
Jul 142 min read
Uncovering The Potential Of SPACs In Indian Corporate Landscape
Sakshi Mahurkar, BBA LLB (Hons.), Symbiosis Law School, Pune* INTRODUCTION Special purpose acquisition companies [hereinafter “SPAC”] is a publicly traded entity with no commercial operations and with a two-year life span formed with the sole purpose of effecting a merger or ‘combination’, with a privately held business to enable it to go public. A SPAC is formed, by sponsors or experienced management teams, to raise capital through initial public offering (“IPO”) for the pur
IJLLR Journal
Jul 141 min read
An Analytic Study On Group Of Companies Doctrine: An Indian Perspective
Narri Aashritha, Symbiosis Law School, Pune Vartica Sinha, Symbiosis Law School, Pune ABSTRACT This essay investigates the Group of Companies (GoC) theory in arbitration, concentrating on how it conflicts with the fundamental principles of consent and party autonomy. While arbitration has typically only been binding on signatories, the GoC doctrine allows for the expansion of non-signatories in certain instances, particularly within corporations. The paper critically examines
IJLLR Journal
Jul 141 min read
Socio-Legal Dimensions Of Marital Cruelty In India: From Section 498a IPC To The Bharatiya Nyaya Sanhita
Ayush Raj, Rizvi Law College affiliated to Mumbai University Lakshya Srivastava, DME Law College affiliated to Guru Gobind Singh Indraprastha University ABSTRACT The introduction of the criminalisation of matrimonial cruelty in India was a move towards a progressive approach in order to combat the rising threat of dowry deaths and domestic violence faced by women. Historically the provision was in the Indian Penal Code, 1860, under Section 498A which was then replaced by Sect
IJLLR Journal
Jul 121 min read
Evolution, Design And Persistent Implementation Gaps In The Legal Framework On Sexual Harassment At The Workplace In India
Kritarthi P. Muni, Symbiosis Law School, Pune ABSTRACT By India, the evolution of the legal protection of workers against sexual harassment at the workplace has moved from a court based concept to the formal legislation. It started with Vishakha and Others vs. State of Rajasthan, which is a Supreme Court in 1997 that provided temporary solutions until the law was introduced. There has been the introduction by India of the Sexual Harassment of Women at Workplace (Prevention, P
IJLLR Journal
Jul 122 min read
Green Marketing And Its Impact On Consumer Behaviour
Parvathi Y & Nayanjita Pathak, B.A., LL.B. (Hons), Amity University, Bengaluru ABSTRACT Green marketing has been drawing growing attention, as both enterprises and buyers deal with the growing environmental crisis. Due to the growing environmental crisis, businesses and consumers are increasingly turning to green marketing. Hence, attention has increased. Using current academic research and practical cases, this study investigates the true meaning of green marketing and its i
IJLLR Journal
Jul 121 min read
Rethinking Authorship In The Age Of Artificial Intelligence: A Comparative Analysis Of Copyright Law In India, The United States, And The European Union
Kartavi Kansara, CVM University ABSTRACT The rapid advancement of artificial intelligence, particularly generative AI, has disrupted traditional copyright law by challenging the foundational concept of authorship. This paper examines how existing legal frameworks in India, the United States, and the European Union address the question of authorship in the context of AI-generated works. It distinguishes between AI-assisted and fully autonomous AI-generated creations, highlight
IJLLR Journal
Jul 122 min read
Reclaiming Ground: Indigenous Self- Determination As The Cornerstone Of Environmental Justice
B. Aslin Steffi, LLM [International Law and Organisation], University of Madras ABSTRACT Environmental justice scholarship has traditionally centred distributive and procedural fairness in the allocation of environmental burdens and benefits. This paradigm, however, has often failed to reckon with the foundational role of colonial dispossession in producing the very environmental harms it purports to remedy. This paper argues that Indigenous self-determination understood as t
IJLLR Journal
Jul 122 min read
Between Creditor Primacy And Investor Protection: Are Minority Shareholders The Forgotten Stakeholders In Insolvency-Driven Delisting Under The IBC?
Shanya Mishra, Institute of Law, Nirma University ABSTRACT The increasing incidence of listed companies undergoing the Corporate Insolvency Resolution Process under the Insolvency Bankruptcy Code, 2016 (IBC) has brought into sharp focus, the intersection between insolvency law and securities regulation. While the IBC is founded upon principles of creditor primacy, value maximization and timely resolution, securities regulation seeks to protect investor interests through proce
IJLLR Journal
Jul 121 min read
Analysing The Current Situation Of Gig Workers In India Through Marx’s Theory Of Alienation
Kaavya Tibrewal, National Law University, Jodhpur Pratibha Priya, National University of Study and Research in Law, Ranchi ABSTRACT Platform-based businesses, including food delivery and quick-commerce services, have made India the fastest-growing gig economy, transforming the principles of modern labour relations on a fundamental basis. Although gig work is depicted as flexible and independent, the everyday experiences of gig workers reveal a form of systemic precarity, expl
IJLLR Journal
Jul 122 min read
From Emission Reduction To Market Exchange: An Integrated Analysis Of Carbon Credit Generation, Verification, Trading, And Regulation In India
Navpreet Sharma, NMIMS, School of Law, Chandigarh ABSTRACT Carbon emissions remain one of the most serious environmental issues facing the world in the twenty-first century, as they are responsible for climate change, global warming, ecological destruction and public health hazards. As India is the third largest emitter of carbon dioxide globally, there arises the need for sustainable economic development and meeting international obligations on climate change at the same tim
IJLLR Journal
Jul 121 min read
bottom of page
