The Trinity Law Review, published under the auspices of the Law Department of Trinity Institute of Professional Studies (TIPS), Dwarka, is an esteemed academic periodical designed to elevate the level of legal research in India. This journal covers a wide array of legal topics, offering in-depth insights and perspectives on contemporary legal issues. With contributions from academicians, legal practitioners, and researchers, the journal serves as a platform for scholarly dialogue and the dissemination of innovative ideas in the field of law. Its mission is to foster critical legal thinking, advance legal scholarship, and become a key resource for the ongoing development of legal research and education in India. Indexing Details: Google Scholar, Base Indexing, Ebsco, Wos-Applied, Cross ref, ICI, ASI
Inclusive Education And The Rights Of Differently-Abled Children Under The Rte Act, 2009 And The Rpwd Act, 2016
Inclusive education is both a legal mandate and a moral imperative in modern democratic societies. In India, the rights of differently-abled children have evolved significantly over the past three decades, particularly through the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the Rights of Persons with Disabilities Act, 2016 (RPwD Act). The two legislations, when read together with constitutional provisions under Articles 14, 15, 21, 21A, 41 and 46, embody a vision of education that is equitable, barrier-free, and nondiscriminatory. Yet, the ground realities of infrastructure, teacher preparedness, budgetary allocation, and persistent social stigma reveal a paradoxical gap between law and practice. This paper undertakes a doctrinal and socio-legal study of inclusive education in India. It critically analyses statutory provisions, judicial interpretations by the Supreme Court and High Courts, and empirical data from the Census of India (2011), NSSO surveys, UDISE+ reports, NCERT studies, and UNICEF situational analyses. The findings demonstrate that although India has established a robust legislative framework, implementation challenges have resulted in disproportionately low enrollment and high dropout rates among differently-abled children. For instance, while the national literacy rate stands at 74%, the literacy rate for persons with disabilities is only 59.29%; similarly, dropout rates among disabled children remain nearly three times higher than those of their peers. The study also situates India’s progress within the international legal framework, especially the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Salamanca Statement (1994), both of which emphasise inclusive education as a fundamental human right. Comparative insights from jurisdictions like South Africa, Finland, and Canada provide useful models for strengthening India’s inclusive education ecosystem. Ultimately, the research concludes that inclusive education is not merely a legal right but a constitutional necessity and a precondition for realizing substantive equality. To bridge the gap between law and practice, India must strengthen teacher training, expand budgetary allocations, modernize infrastructure, and mainstream anti stigma initiatives. Without these, the promises of the RTE Act and RPwD Act risk remaining aspirational rather than transformative.
From Automation to Innovation: The Impact of AI on Work Culture and Job Evolution
Artificial Intelligence (AI) is fundamentally transforming both societal structures and work culture, reshaping the very nature of work and organizational dynamics. This paper explores the extent to which AI integration is altering the modern workspace, focusing on the profound changes AI is driving across various industries. The automation of routine and repetitive tasks through AI technologies has significantly increased efficiency and productivity, while simultaneously reshaping job roles and responsibilities. While certain jobs are being displaced, new opportunities are emerging in fields such as AI development, data analysis, and digital ethics. As job functions evolve, there is a rising demand for skills that complement AI technologies, particularly advanced problem-solving, critical thinking, and emotional intelligence. This shift places a greater emphasis on continuous learning and re-skilling, as workers adapt to an increasingly automated environment. AI’s integration also impacts organisational structures and work environments. The adoption of AI-powered tools has enabled remote work and virtual collaboration, offering employees greater flexibility. However, this shift challenges traditional notions of work-life balance and office norms. Furthermore, AI’s role in performance management and employee monitoring introduces new methods of productivity assessment, raising ethical concerns about privacy and fairness. This paper will analyze the ways AI is reshaping work culture by examining changes in job functions, skill requirements, and organisational practices. It will assess the impact of AI on employee engagement, job satisfaction, and workplace dynamics, as well as consider the broader societal implications of these transformations. By exploring these dimensions, this research aims to provide a comprehensive understanding of AI’s influence on the modern workspace, offering valuable insights for navigating the evolving landscape of work in an AI-driven world.
Scars Beyond Skin: A Socio-Legal Study On Acid Attack Survivors In India
Acid violence is not just an attack on the body; it is an attempt to silence and erase a woman’s identity.Laxmi Agarwal, Acid Attack Survivor & Activist (BBC Inter view, 2018).The brave survivor Laxmi Agarwal, in her interview, stated the immense psychological impact of acid violence on the mind and physical body of a woman. The acid attack is a crime against women’s identity, giving scars that impact the mind and health of women. The wounds of the attack are not just physical. Still, they are evidence for a deeply rooted patriarchy in society. The statistics explain the nev er-ending emerging cases, With An inverse proportion of increasing Crime rate of acid violence, with respect to decreasing conviction rates, Which Impacts Society as a whole, making it Unsafe For its people and affecting their human rights.
The Changing Dynamics of Family Structures
One of the most crucial sociodemographic variables for comprehending individual health disparities is family. The impact of family as a social determinant of health-on health outcomes is still substantial and constant, even in the face of major changes in family structure in recent decades. The influence of family ties on an individual’s health and vice versa emphasizes how multifaceted health is, involving both objective and subjective factors. Every stage of life, from early childhood to old age, the family’s dynamics and structure have a big impact on a person’s social, mental, and physical health. Therefore, by visualizing a conceptual model of an individual’s health within the family, this paper aims to investigate how the family, with its structure and dynamics, reflects on people’s health and health behaviour from early childhood through adulthood and into old age in the context of significant life events or transitions like marriage, divorce, widowhood, and parenthood.
A Comprehensive Analysis of the Need for Gender‑Neutral Laws and Judi‑ cial Responses to Women‑Centric Bias
The evolution of gender justice in India has historically been shaped by women-centric legal reforms aimed at addressing entrenched patriarchal norms, domestic violence, sexual exploitation, and systemic discrimination. Legislative frameworks such as the Protection of Women from Domestic Violence Act and gender-specific provisions under criminal law were indispensable in responding to widespread gender-based violence and inequality. However, contemporary social realities reveal significant limitations within these protective regimes. Increasing allegations of misuse, the emerging recognition of violence against men, the absence of adequate remedies for transgender and LGBTQ+ persons, and the judiciary’s emphasis on individual autonomy and equality have reignited debates on the need for gender-neutral legal structures. This paper undertakes a comprehensive doctrinal, analytical, and comparative examination of India’s criminal and civil laws through a gender-neutral lens. It critically evaluates women-centric statutes, analyzes judicial acknowledgment of their misuse, examines the constitutional permissibility of sex-based classifications, and identifies structural exclusions that deny equal legal remedies to male, transgender, and non-binary victims. Further, the study compares Indian jurisprudence with gender-neutral legal frameworks in jurisdictions such as Canada, the United Kingdom, Australia, and New Zealand to identify global best practices that balance victim protection with safeguards against wrongful prosecution. The paper concludes that while women continue to require robust legal safeguards against gender-based violence, an equitable and modern justice system must extend protection and accountability mechanisms to all individuals irrespective of sex or gender identity. It argues for recalibrated, gender-neutral legal reforms that uphold constitutional morality, reinforce substantive equality, and promote an inclusive and balanced model of justice in contemporary India.
Protective Labour Legislation in Transition: A Critical Appraisal of the New Codes
The consolidation of India’s labour laws into four comprehensive labour codes represents one of the most significant policy shifts in the country’s industrial relations framework since independence. Advocated as a means to simplify compliance, enhance ease of doing business, and expand social security coverage, these codes simultaneously raise questions about their adequacy in safeguarding workers’ rights in an increasingly informalized and precarious labour market. This article critically appraises the new labour codes by examining their implications for worker protection, with particular focus on wages, occupational safety, social security, and industrial relations. Drawing upon legal analysis, comparative perspectives, and empirical insights, the paper highlights the tension between economic flexibility for employers and protective guarantees for workers. While the codes offer potential for greater uniformity and inclusion, concerns remain over diluted safeguards, weakened collective bargaining mechanisms, and limited coverage for vulnerable groups. The study argues that the true test of these reforms lies not merely in their legislative intent but in their implementation, enforcement, and capacity to reconcile growth imperatives with the constitutional mandate of social justice.
The Philosophy of Law: A Bhartiya and Comparative Jurisprudential Inquiry
Jurisprudence constitutes the pivotal part of legal studies. It enlightens us on what law is, why it exists, its evolution, and its practical implications. This research article is entirely devoted to Bhartiya and Comparative Jurisprudential Inquiry. It demonstrates how both Indian (Bhartiya) and Western legal systems ‘developed their own legal thoughts. It is in ancient India that the idea of Dharma developed, which is the idea of Dharma. Dharma meant doing what is right, both legally and ethically. Dharma was law as observed in the Vedas and Manusmriti. Western thinkers like Austin and Hart were more inclined on a rational definition of law as commands and rules. This article examines issues such as the origins of law (customs, morality, legislation and judicial decisions), the legal system of India, the practice of law in ancient villages, and contemporary court operations. It also discusses schools of thought like natural law, legal positivism, and the historical and sociological perspectives of law. Most importantly, it demonstrates that law is not merely the domain of courts and punishment; it is also about justice, fairness, and resolver of societal issues. It helps students appreciate the interplay between ancient ideas and contemporary systems which shape the law we observe today.
Enhancing Accountability Mechanisms in NGT: Constitutional and Legisla tive Reforms
The National Green Tribunal (NGT) was established as a specialized body to address environmental disputes and ensure the effective enforcement of environmental laws in India. However, challenges related to accountability and execution have often impeded its ability to function optimally. This paper examines the accountability mechanisms of the NGT within the framework of India’s constitutional provisions and statutory mandates. It highlights the gaps in its current regulatory and enforcement structures that hinder effective environmental governance. The study explores relevant constitutional principles, such as the directive under Article 48A to protect and improve the environment and the fundamental duty under Article 51A(g) to safeguard natural resources. Additionally, it critically evaluates the NGT’s quasi-judicial status and the limitations imposed by legislative ambiguities and inadequate administrative support. The paper proposes constitutional and legislative reforms, including amendments to enhance the NGT’s powers for monitoring compliance, increasing transparency and ensuring judicial review of its decisions. By strengthening accountability mechanisms, the NGT can emerge as a more robust institution capable of upholding environmental justice and addressing pressing ecological concerns.
Same-Sex Marriage in India: A Journey towards Equality and Inclusion in the Global Context
The constitution bench of the Hon’ble Supreme Court of India (hereinafter referred to as the “Supreme Court”) headed by then Hon’ble Chief Justice D.Y. Chandrachud has decided the question of same-sex marriage in India, since it was a matter of seminal importance.1 It was contended by the petitioners that the right to marry is a fundamental right enshrined under the Constitution of India (hereinafter referred to as the “Constitution”) and denying the people of same sex the right to marry is a violation of their fundamental rights. The constitutional bench unanimously held that Supreme Court could not recognize LGBTQIA+ persons right to marry, as there is no fundamental right to marry, which can be extended to the LGBTQIA+ community as per the provisions contained in Special Marriage Act or other legislations. This article will discuss the contentions of petitioners and government in the case and whether the Supreme Court was an appropriate body for such major changes in the laws relating to marriage, also the global trends and the status of same-sex marriage in some nations
The State of Juvenile Delinquency in India: Present & Future By- Kshipra Mahadik
Juvenile delinquents are not inherently criminals but often victims of parental or societal neglect. The juvenile justice system, distinct from the adult criminal justice framework, emphasizes rehabilitation over punishment, aiming to reintegrate young offenders into society. Juvenile Justice Boards prosecute cases with less stringent procedures, focusing on education, counselling, and family support. This article examines how judicial precedents influence the re-integration process of juveniles and explores whether current measures are sufficient to ensure their return as responsible citizens. It also evaluates the need for further reforms in light of socio-economic changes and technological advancements that continue to shape juvenile behavior and justice delivery.
India’s Blueprint for Sustainable Growth
This article analyses India’s strategy for attaining sustainable prosperity by 2047, in line with its aspiration to become a developed nation by the 100th anniversary of its independence. It addresses the challenges arising from swift urbanization, industrial growth, and increasing energy requirements, detailing how the Indian government has enacted measures such as the National Action Plan on Climate Change (NAPCC) to tackle these issues. The analysis underscores India’s dedication to minimizing its ecological footprint while promoting economic advancement through clean energy initiatives, technological progress, and infrastructure enhancement. Notable programs like Make in India, Digital India, and Atmanirbhar Bharat are designed to boost domestic manufacturing and self-reliance while fostering sustainability. The vision of Viksit Bharat (Developed India) prioritizes human capital development, the adoption of renewable energy, and international partnerships to achieve net zero emissions by 2070 and to derive 50% of energy from renewable sources by 2030. Furthermore, the document investigates the crucial contributions of green energy, digital innovation, and global collaborations in promoting sustainability. By implementing these cohesive strategies, India seeks to harmonize economic growth, environmental responsibility, and social equity, positioning itself as a frontrunner in sustainable development. This holistic approach aims to secure a resilient and sustainable future for India while supporting global environmental objectives.
THE IMPACT OF MODERNITY ON GENDER IN THE WORKPLACE IN INDIA
This research paper focuses on the impact of modernity on gender dynamics in the Indian workplace. It explores the increasing participation of women in the workforce, the evolving roles of men, the legal frameworks made to promote gender equality, recent trends, and the challenges of discrimination and exploitation. By analyzing the case laws and statistical data, this paper discusses the progress made to achieve true gender equality in the workplace. This study also explores the impact of technological advancements, the implications of corporate diversity initiatives, and the importance of intersectionality in comprehending gender dynamics. Ultimately, the paper advocates for comprehensive legal frameworks and corporate policies that address both women’s and men’s experiences in the workplace, aiming to create a more equitable and inclusive working environment. By focusing on the specific context of the Indian workplace, this study adds to the larger conversation on gender equality by concentrating on the particular setting of India and providing insights into the advantages and disadvantages of modernity in influencing gender relations in theworkplace.
The advent of deepfake technology has ushered in a new era of digital manipulation, presenting both opportunities and challenges in various sectors. This article explores the legal intricacies surrounding deepfake technology within the framework of Indian law. It delves into the potential impact of deepfakes on privacy, defamation, intellectual property, and criminal liability, while also discussing the existing legal framework and potential legislative reforms needed to address emerging challenges.
Unveiling Perspectives: Understanding Women’s Political Involvement in India
Susan B. Anthony, a prominent American social reformer and women's rights activist, famously stated, "Men, their rights, and nothing more; women, their rights, and nothing less1." This powerful quote encapsulates the core principle of gender equality and the fight for women's rights. Anthony played a pivotal role in the women's suffrage movement in the United States, which sought to secure the right to vote for women. The American suffrage ca mpaign was gr eatly influenced by the Ind ian suff ragette movement, which demonstrated the long history of women's engagement and participation in political activities in India. Prominent individuals such as Naidu championed for enhanced availability of education for females and women in India, stressing the metamorphic potential of education for women. Women make up around half of the world's population, so it is critical to acknowledge the significance of their viewpoints, experiences, and expectations. Only when all facets of society— including women—are actively involved and represented will true democracy be realised. Legislation that advances gender equality and tackles urgent problems like pay disparities, women's rights, and access to healthcare and education can be supported by women in leadership positions. Furthermore, female politicians serve as inspirational role models for upcoming generations. Their presence encourages young girls and women to pursue careers in politics and other leadership roles. The legitimacy and trustworthiness of government institutions are enhanced when the political leadership include a diverse range of individuals from the populations they serve. The study report consists of a survey that twenty participants answered to gauge their comprehension of current data, historical trends, and the importance of gender diversity in governance. It explores people's views on gender equality, the barriers that prevent women from participating in politics, and the impact of women in leadership positions. These investigations seek to investigate several things, such as institutional biases, cultural attitudes, and society norms.
“Securing Digital Footprints: The Emerging Necessity of Digital Estate Planning”
The procedures and resources for handling a person’s digital assets, such as social media profiles, digital data, and online accounts, are all included in digital estate planning. This study describes digital estate planning, classifies its several forms, and emphasises how important it is becoming in the current digital era. This study compares and contrasts the legal systems in India and the United States that oversee digital estate planning. It explores the idea of “digital inheritance,” describing how recipients get digital assets. The study also examines the legality of electronic wills, or “e-wills,” discussing present legal uncertainties as well as possible future developments. Lastly, it talks about digital estate management technology and offers helpful advice on how to manage digital legacies efficiently, maintain security, and make digital estate migrations easier.
Reforming India’s Labor Laws: Ensuring Social Security for Gig Workers in the Digital Economy
The rapid growth of the gig economy in India has transformed the labor landscape, offering flexible work opportunities but also leaving gig workers without sufficient legal safeguards. This paper critically analyzes the legal status of gig workers in India, highlighting their exclusion from traditional labor protections and the challenges they face in accessing social security benefits. Through secondary data analysis and case studies, including a focus on YouTube content creators, the study examines issues such as inconsistent income, lack of healthcare coverage, and the absence of formal mechanisms for unionization, all of which contribute to economic insecurity among gig workers. The research reveals that the Code on Social Security, 2020 falls short in providing comprehensive protections for gig workers, with notable gaps in areas such as health insurance, pension plans, and job security. By comparing India’s current approach to global models in regions like the European Union, California, and Australia, the paper identifies key policy lessons that could improve worker protections. The findings suggest the need for greater integration of gig workers into India’s formal labor system, accompanied by policy recommendations aimed at enhancing worker welfare, ensuring platform accountability, and fostering a more inclusive digital economy. This paper contributes to ongoing discussions on labor rights in the gig economy, offering insights into how India can develop a more equitable framework for gig workers.
Deforestation: Mapping the Impact on Wildlife
In the era of globalization, countries are making significant progress for the benefit of their populations. Governments are taking necessary steps to advance and provide facilities for the comfort of their citizens. However, amidst this progress, the welfare of wildlife is often overlooked. From a legal standpoint, wildlife lacks rights against governmental actions, and there is no provision for them to appeal against decisions, as they are not recognized as human beings. This article explores the multifaceted impact of deforestation on wildlife, emphasiz ing the profound consequences of habitat loss, disruption of food chains, and the sub sequent decline in biodiversity. As forests are systematically cut down, the intricate ecosystems that support various species face severe challenges, leading to number declines and, in some cases, species extinction. The article underscores the inter connectedness of ecosystems and the far-reaching implications of deforestation on climate change. In response to these challenges, conservation strategies such as sus tainable forestry practices, habitat protection, and the creation of wildlife corridors are discussed. In conclusion, the article calls for heightened awareness and collective action to preserve biodiversity and foster a harmonious coexistence between human activities and the natural world.
Digital Dilemma : Human Rights in the Era of Cyber Crimes
The rapid pace of digitalization is reshaping the landscape of human rights, presenting both opportunities and challenges. While digital technologies have facilitated unprecedented access to information, communication, and economic opportunities, they have also introduced new risks to fundamental human rights. From privacy infringements and online surveillance to the spread of disinformation and cybercrimes, the digital era presents a complex ethical dilemma that requires careful consideration. At its core, human rights remain paramount in navigating this digital information. The present paper shall explore the potential of digital technologies; it is imperative to prioritize human rights as the cornerstone of ethical and responsible digitalization efforts, ensuring that technology serves humanity’s collective well-being and advances the principle of equality, justice, and dignity for all. It shall highlight the major challenges posed to human rights by cyber offenses such as privacy violations, freedom of expression, access to information, threat to critical infrastructure, etc. The secondary method is employed by the scholar for the collection of data.4
Unregulated Cryptocurrency: Need for Legal Regulation in Digital Economy
This research paper explores the intricate relationship between cryptocurrency law and the broader economic payment landscape. Cryptocurrencies, powered by blockchain technology, have emerged as a transformative force in financial systems globally. The regulatory frameworks governing this non legal tender vir tual currency play a pivotal role in shaping their adoption, market dynamics, and impact on traditional economic structures. This article also delves into the diverse approaches taken by governments worldwide in regulating cryptocurrencies. It examines the challenges and significances presented by this decentralized finan cial paradigm. Furthermore, the paper explores the economic implications of cryptocurrency regulation. It explores how regulatory clarity or ambiguity affects investor confidence, market liquidity, and the ability of these digital assets to serve as alternative forms of currency or investment. The interplay between taxation policies, anti-money laundering measures, and the growth of the cryptocurrency ecosystem is examined to understand their combined impact on economic devel opment. Through an interdisciplinary lens, this research article aims to contribute insights into the evolving dynamics of cryptocurrency law and its influence on the broader economy which can lead to heavy scams.
Exemption of Agricultural Income From Taxati on Under Income Tax Act- How Far Justi fied?
The definition of agricultural income is very broad as it includes not only agricultural produce but also various other things defined under Section 2(1A) of the Income Tax Act, 1961. This section defines agricultural income as follows: - Rent or income from agricultural land in India Any rent or income from agricultural land is agri cultural income. Rent or income earned is treated as agricultural income only if land is the direct and actual source and not a secondary or indirect source. • Any income derived from any agricultural activity in the country including processing of agricultural pro duce to make it marketable and sale of such products. Income earned is treated as agricultural if a process is carried out to manufacture a product, which is mar ketable and this process has not changed its original nature.
“Enhancing the Sustainability Banking In Indian Banking Sector: A Pathway to Responsible Finance”
Sustainable banking, also known as ethical banking or green banking, is a concept where banks focus on making money and consider the environmental and social impacts of their financial activities. It involves making responsible and ethical economic decisions that support the planet’s and society’s well-being. Sustainable banks aim to balance profit-making with environmental conservation, social equity, and ethical practices. They often invest in environ mentally friendly projects, support social initiatives, and adopt eco-friendly banking practices to promote a more sustainable and responsible financial system.
The Concept of Public Interest Litigation in India: A Dynamic Approach
Public Interest Ligation is that the public in general are interested in exoneration of some right or enforcement of some public duty. Such litigation has hitherto been entertained by Supreme Court under article 32 and by High Court under article 226 of the constitution of India not only from association or organization by also from individual in a common cause. The Public Interest Litigation Regulation Bill, 1996, Introduced in Parliament by Sri Suresh Pachuri as a private Bill was one such effort. After discussion, the bill lapsed. While there was difference with in parliament on this, the judiciary also felt that PIL was useful and that the judiciary could regulate and monitor PIL and prevent its misuse. In matter where the Legislature and the Executive fell short of their roles, the PIL could be very useful. In matters relating to the environment and poor, unorganized people and also where enlightened citizens took up important social issue, PIL is very important. It provides one more forum for social justice. Though certain sections are against it, and they have generally vested interest, PIL provided much relief too many sections of the people on several issues of importance. Hence, in spite of some opposition, it has become to be an important pillar of India Judicial system and it continues to grow nationally in Importance. I have discussed and explained in this paper meaning, nature and scope of PIL.I have explained also principles evolved by Supreme Court for PIL, misuse or abuse of PIL. Besides, I have explained social dimension of PIL.
“Justice Beyond The Principal Offender: A Critical Analysis Of Accomplice Liability In Criminal Cases”
Accomplices play a vital role in criminal activity, providing assistance to the principal offender before, during, or after the commission of crime. Their actions can range from providing transportation or weapons to acting as a lookout or getaway driver. Accomplices may also help the principal to conceal evidence or avoid capture, or simple encourage or persuade them to commit the crime in the first place.
A Comprehensive Analysis of Protecting Civilians under International Humanitarian Law and Islamic Law in Afghanistan
This research delves into the multifaceted impact of the protracted Afghan conflict on society, examining its consequences for the environment, children, and individuals with disabilities. It explores how International Humanitarian Law (IHL) and Islamic law intersect in addressing the challenges faced by these vulnerable populations. The article highlights the importance of IHL, the complexities of Jus ad Bellum and Jus in Bello principles, and the significance of safeguarding children, the environment, and persons with disabilities during armed conflicts. It emphasizes the role of international organizations and conflict parties in upholding these principles to protect Afghanistan’s vulnerable populations and their rights.
Digital Shadows: A Study of Cyber Incursions and Human Rights Breaches
The progress of any society depends upon the fact that how their rights are protected and nourished. In the era of digital transformation where ICT is becoming a dominant factor for governing the individuals action the need to protect the basic rights of the individuals becomes a prime important objective of this generation. The intrusions in the cyberspace have not only challenged the integrity of public authorities or the private organization but have deeply impacted the realization of human rights at the individual level. The article is an attempt to bring forth the concept of cyber-crimes, the motives which lead to the manifestation of cybercrimes against individuals and the human rights which are violated by these forms.
Children as Domestic Workers: Legal Challenges
The involvement of children in the domestic work which is categorised under unorganised sector of labour is an extensive and growing worldwide phenomenon. Specifically in the case of India, the preamble of the Constitution embarks on the word ‘We’ and imparts equal rights to all the citizens of the country without any discrimination. Some special provisions were cautiously incorporated in the Constitution for protection of the children like, Articles 21A (Right to Education), 23 (Protection against trafficking & other forms of forced labour), 24 (prohibition of employment of children in factories etc.), 39(e) (Protection from abuse) etc. In this unorganised sector almost 40 per cent work is performed by the children who mostly migrate from rural to urban areas. To meet the basic necessities of life, these children are forced to work in private households under severe conditions such as long and unregulated working hours, employment subject to employer’s mercy, and high level of insecurity. They remain vulnerable as they work in unorganised sector that is constituted mainly by the marginalised people, living mostly in slums in shabby conditions, and remain subject to exploitation in the absence of specific legislative frameworks to regulate their working conditions. These working conditions impinge on the fundamental rights of the children guaranteed by the Constitution of India. Recently, some measures have been initiated to bring this sector in the legislative ambit, under the Code on Social Security which defines the term “wage worker”, including the domestic workers. A reality check indicates there is not a single provision in this Act to assure social security to the children working as domestic help; instead, it excludes them from the various provisions of labour laws. This paper attempts to outline the legislative provisions at national as well as international level for the protection of children, challenges faced by the children working as domestic workers, role of judiciary to curb the problem and outline the policy postures required to adopt an inclusive approach to afford social justice and facilitate their economic and social inclusion as per the spirit of the Constitution.
THE TRADEMARK POSTULATE BY ADV. PRERNA TYAGI
Trademarks are a subtype of Intellectual Property typically pertaining to marks that may be graphically displayed and can identify one's goods or services from the goods or services of others. The owner of a trademark, like the owner of any other tangible or intangible property, can transfer the rights he has by renting or assigning them to whomever. This can be related to the quote stated above. The most efficient techniques of commercialization are trademark assignment and licencing, which are commonly used by intellectual property owners. These properties can make use of the transfer of rights in the same way that they can make use of consideration in the form of royalties and other kinds of trade. This article highlights the novel concepts of IPR and focuses on laws relating the field by touching the basic lines of infringement.
Safeguarding Athletes' Digital Assets: Addressing Online Intellectual Property Rights in the Sports Industry's Cyber Law Void
The sports industry landscape has witnessed remarkable growth, with revenue projected to surpass USD 40 billion by 2027, largely driven by advancements in technology. However, this technological progress doesn't always favor athletes, fans, and sporting organizations. Nevertheless, The era of digital transformation has created a convergence between sports and technology, opening up a plethora of opportunities for athletes to improve their performance, engage with fans, and maximize their commercial opportunities. The intersection of emerging Internet and Communication Technology within the sports industry intricately intertwines with the Sustainable Development Goals. It is incorrect to claim that there is no connection between these two subjects; in fact, their relationship is pervasive and profound. By considering the fundamental principles of Sustainable Development, we can understand Internet Governance as the decision-making process that shapes the global communication and exchange of knowledge over the internet, encompassing various aspects such as access, multi-stakeholder participation, openness, and security. These issues are equally relevant and crucial for safeguarding the rights of athletes and align with Sustainable Development Goals (SDGs) set out by the UN (United Nations). Further, Global communication and knowledge exchange play a pivotal role in providing elite sports personalities with a marketable value for their persona. The rise of the Digital era has brought about a paradigm shift in how athletes engage with their fans and capitalize on their brands even in India. Through social media platforms, online streaming services, and e-commerce channels, athletes now have unprecedented opportunities to expand their reach and monetize their image. In the context of Sustainable Development, protecting the intellectual property of the athletes deeply aligns with several SDGs.
Restorative Justice as a tool to Prevent Crime as seen through Gandhian Lens
Crime creates disbalance in society and to maintain harmony in society, there is an inherent need to maintain balance. Crime is considered to harm society and the offender is detained as a response to prevent more harm to society, this is called the preventive theory of the criminal system. But what about the harm already occurred? Crime has a multidimensional impact on society, affecting the community as a whole and the victim in particular, even the offender is affected by the same. The role of reformative justice becomes important here, generally speaking, to restore means “to return back” implying to reverse the effect that has taken place and bring the earlier position back. The majority of the credit for developing the philosophy of restorative justice goes to the western philosophers but in Indian Legal Jurisprudence it founds its strong ground in the Gandhian Philosophy of “ahinsa” meaning non-violence and always standing with the truth. In this article, the various dimensions of restorative justice will be discussed each viewed from the angle of the affected party, as no party that is affected by the crime has similar standing and a single principle of restorative justice will not be just and reasonable for all. The offender becomes the centre point and every individual in the criminal justice system just wants to come at him with his full strength and make him suffer, the state steps in the shoes of the victim and takes the responsibility to punish the offender on his behalf, in this whole process the victim remains hanging and becomes a ball being tossed from one person to another waiting for the time when he will land on the just ground. There is a serious need that the victim and the offender to get a chance to reconcile and harmonize and the offender gets a chance to be reintegrated again into society.
RESILIENCE & REINVENTION: A PATH FOR CHANGE IN MANAGEMENT, IT, MEDIA AND LAW
“A lawyer is able to contribute to national development and social change in a very constructive manner with legal education.At this time of globalization, information technology is a blessing, it is a multi- dimensional field which is bridged with fields like education, payments, coding, security works, etc. education is not just linked to the field of law alone, it touches the arena of social, political and economic aspects of the society as well. Education acts a powerful weapon which plays a vital role in changing the aspects that rule the world. Better the education, better the way the world runs. A layman definition to information technology can be termed as ‘the study or the use of electronical equipment, especially computers with an intent to collection, store and share information.’ Information technology is a boon to the new growing world wherein, not only there is development in the technology but there is also an advancement in the society. Education and technology go hand in hand, it is used by teachers, students, scholars, practitioners, analysists and all the people covered under the education strata. The importance of information technology in legal education was felt during the time of COVID- 19 which made work from home a habit. Although it was a compulsion but later it turned out tot be a part of the comfort zone of the people. Students were taught using various online sources and most importantly the court started to run via online mode, which help save a lot of money and energy of the lawyers, judges as well as the parties. The various aspects relating to the advancement of legal education due to the presence of information technology has been mentioned further in the paper.