LIJDLR

Volume III Issue I

CARBON CREDIT TRADING IN INDIA: LEGAL FRAMEWORK AND ENVIRONMENTAL JUSTICE

Volume III Issue I /

CARBON CREDIT TRADING IN INDIA: LEGAL FRAMEWORK AND ENVIRONMENTAL JUSTICE J.Shri Vathsan, CHRIST (Deemed to be University) Delhi-NCR campus Download Manuscript doi.org/10.70183/lijdlr.2024.v03.21 Governments and businesses throughout the world are investigating market-based systems as potential ways to lower greenhouse gas emissions while maintaining economic growth in response to the growing threat of climate change. Carbon credit trading has become a vital tool in India, where energy-intensive industries including transportation, steel, cement, and power generation account for a significant portion of the country’s emissions. The Indian Carbon Market (ICM) framework, created by the Energy Conservation (Amendment) Act of 2022, studies the empirical data and management consequences related to carbon credit trading. It examines the effectiveness of market mechanisms like the Perform, Achieve, and Trade (PAT) plan, which shows significant reductions in emissions and energy consumption, and compares them to global models like the European Union Emissions Trading System (EU ETS). This study aims to provide insights into how strong legislative frameworks and aggressive business practices can propel India’s low-carbon transition by assessing the financial and environmental advantages of carbon trading as well as its practical difficulties. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 463-481. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

CARBON CREDIT TRADING IN INDIA: LEGAL FRAMEWORK AND ENVIRONMENTAL JUSTICE Read More »

DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY

Volume III Issue I /

DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY Kavya Singh, 10th Semester, B.A.LL.B Student at Amity Law School Lucknow, Amity University Uttar Pradesh Dr. Rajeev Kumar Singh, Assistant Professor at Amity Law School Lucknow, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.20 The notion of absolute liability replaced the English concept of strict responsibility following the landmark decision in M.C. Mehta v. Union of India in 1987, which is a distinctive development of Indian law. Even in cases where reasonable precaution is taken, this theory holds hazardous companies liable without any exclusions or defences. This dissertation’s main goals are to examine the doctrine’s conceptual development, evaluate its legal underpinnings, and examine its real-world applications to Indian companies, especially with regard to industrial and environmental catastrophe management. The paper uses a doctrinal and analytical approach, critically evaluating the effects of absolute liability on public safety and industrial growth by consulting secondary sources, legislative requirements, and court rulings. It explores the conflict between environmental preservation and economic advancement, paying special attention to incidents like the Oleum Gas Leak and the Bhopal Gas Tragedy, which were pivotal in the development of industrial responsibility in India. The dissertation also looks at how this philosophy affects the operation of Pollution Control Boards and regulatory tools like the Environment Protection Act of 1986. The United States and the United Kingdom, two countries with quite distinct liability systems, are used in a comparison study. The study comes to the conclusion that although the concept of absolute accountability is crucial for safeguarding citizens from industrial dangers in developing nations like India, its implementation frequently suffers from uneven enforcement and postponed justice. In order to improve regulatory compliance and encourage a balance between industrial expansion and sustainable development, the research makes proposals for legal reforms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 445-462. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY Read More »

EVALUATING THE RELEVANCE OF CAPITAL PUNISHMENT: A CRITICAL ANALYSIS OF JUDICIAL PRONOUNCEMENTS IN INDIA

Volume III Issue I /

EVALUATING THE RELEVANCE OF CAPITAL PUNISHMENT: A CRITICAL ANALYSIS OF JUDICIAL PRONOUNCEMENTS IN INDIA Kaifi Khan, 10th Semester, B.A.LL.B Student at Amity Law School Lucknow, Amity University Uttar Pradesh Abhishek Mishra, Assistant Professor at Amity Law School Lucknow, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.19 This research paper critically evaluates the relevance of capital punishment in India by examining constitutional provisions, statutory frameworks, judicial precedents, and international perspectives. It analyses the evolution of the “rarest of rare” doctrine and explores the judicial inconsistencies in death sentencing. The paper highlights how procedural safeguards under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita aim to restrict arbitrary imposition of the death penalty. It examines arguments both supporting and opposing capital punishment, drawing attention to the disproportionate impact on the poor and marginalised, the psychological trauma of prolonged death row incarceration, and the global trend towards abolition. The study underscores the shift in judicial thinking from retributive to reformative justice, favouring life imprisonment without remission as a constitutionally sustainable alternative. Drawing from comparative jurisprudence and human rights standards, the research concludes that capital punishment, while legally permitted, is increasingly seen as morally and pragmatically redundant. It proposes reforms aimed at structured sentencing, better legal aid, and a reconsideration of the death penalty’s place within a democratic and rights-based legal framework committed to dignity and justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 418-444. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

EVALUATING THE RELEVANCE OF CAPITAL PUNISHMENT: A CRITICAL ANALYSIS OF JUDICIAL PRONOUNCEMENTS IN INDIA Read More »

REGULATION OF BID-RIGGING IN GOVERNMENT TENDERS UNDER THE COMPETITION ACT, 2002

Volume III Issue I /

REGULATION OF BID-RIGGING IN GOVERNMENT TENDERS UNDER THE COMPETITION ACT, 2002 Sophia Satapathy, LL.M. (Corporate Banking & Insurance), Amity Law School, Noida (U.P.) Dr Shefali Raizada, Director & Joint Head, Amity Law School, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.18 This paper examines the regulation of bid-rigging in government tenders under the Competition Act, 2002. Bid-rigging represents a particularly harmful anticompetitive practice that undermines the integrity of public procurement processes in India. The research analyzes the statutory framework established by Section 3(3)(d) of the Competition Act, which creates a rebuttable presumption of appreciable adverse effect on competition for bid-rigging arrangements. The paper explores various forms of bid-rigging including cover bidding, bid suppression, bid rotation, and market allocation. It examines landmark cases establishing jurisprudential standards for detection, proof, and penalties in bid-rigging enforcement. The Competition Commission of India’s evolving role in both enforcement and advocacy is critically assessed, highlighting investigative techniques and remedial approaches. Despite significant regulatory progress, challenges persist including detection difficulties, evidentiary hurdles, and resource constraints. The paper compares India’s approach with international best practices, identifying opportunities for enhancing regulatory effectiveness through criminal sanctions, specialized detection systems, and enhanced prevention mechanisms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 388-417. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

REGULATION OF BID-RIGGING IN GOVERNMENT TENDERS UNDER THE COMPETITION ACT, 2002 Read More »

ALGORITHMIC TRADING AND MARKET MANIPULATION: A LEGAL PERSPECTIVE ON INSIDER TRADING REGULATIONS

Volume III Issue I /

ALGORITHMIC TRADING AND MARKET MANIPULATION: A LEGAL PERSPECTIVE ON INSIDER TRADING REGULATIONS Anurag Singh, BA.LLB, (HONS.) 5TH YEAR, MANAV RACHNA UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2024.v03.17 Algorithmic trading has revolutionized financial markets by increasing efficiency, reducing transaction costs, and enhancing liquidity. However, its rapid expansion has introduced significant concerns regarding market manipulation, insider trading, and regulatory oversight. The rise of High-Frequency Trading (HFT), which enables thousands of transactions per second, has made it increasingly difficult for regulators to detect and prevent fraudulent trading practices. In jurisdictions like India, the SEBI (Prohibition of Insider Trading) Regulations, 2015 govern securities transactions and aim to prevent the misuse of Unpublished Price-Sensitive Information (UPSI) by insiders. However, these regulations were primarily designed for traditional trading environments and may not adequately address the complexities of AI-driven trading strategies. Algorithmic trading raises unique legal challenges, such as lack of transparency, difficulty in establishing intent, and regulatory enforcement gaps. This paper critically examines whether India’s existing legal framework is sufficient to regulate algorithmic trading and prevent insider trading in automated transactions. The study further explores global regulatory approaches in jurisdictions such as the United States (SEC), United Kingdom (FCA), and the European Union (MiFID II Regulations), which have implemented sophisticated AI-based market surveillance mechanisms and real-time monitoring to curb manipulation. Comparative analysis highlights regulatory best practices that could be adapted to India’s financial markets. In light of these challenges, this paper proposes legal and policy reforms, including mandatory algorithmic audits, enhanced AI-driven surveillance mechanisms, cross-border regulatory cooperation, and clearer definitions of algorithmic insider trading. Strengthening SEBI’s oversight capacity with RegTech solutions can enhance transparency, prevent market manipulation, and ensure fair trading practices. As algorithmic trading continues to evolve, regulatory frameworks must be dynamic and adaptive to safeguard market integrity while fostering innovation in India’s financial ecosystem. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 367-387. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

ALGORITHMIC TRADING AND MARKET MANIPULATION: A LEGAL PERSPECTIVE ON INSIDER TRADING REGULATIONS Read More »

JUVENILE JUSTICE THROUGH GENDER LENS: LEGAL TREATMENT OF GIRL CHILD OFFENDERS IN INDIA

Volume III Issue I /

JUVENILE JUSTICE THROUGH GENDER LENS: LEGAL TREATMENT OF GIRL CHILD OFFENDERS IN INDIA Varda Sharma, LLM/1st Year/2nd Semester, Student at Amity University Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.16 This research paper examines the legal treatment of girl child offenders in India through a gender-sensitive lens. Despite the seemingly gender-neutral framework of juvenile justice legislation, girl offenders experience the system in fundamentally different ways than their male counterparts. The paper analyzes the constitutional and legal framework governing juvenile justice in India, highlighting the gap between formal equality and substantive justice. Through critical examination of statistical patterns, the research reveals distinct pathways through which girls enter the juvenile justice system, often involving prior victimization, status offenses, and survival crimes. The paper scrutinizes gender dynamics in police interactions, judicial attitudes, and institutional rehabilitation programs, uncovering subtle yet pervasive biases affecting outcomes for girl offenders. Drawing from international standards and comparative jurisdictions, the research identifies promising gender-responsive approaches. The analysis reveals significant challenges including inadequate infrastructure, gender-stereotyped rehabilitation programs, and insufficient specialized training for stakeholders. The paper concludes by proposing multidimensional reforms encompassing legislative amendments, enhanced institutional frameworks, and capacity building initiatives to advance a gender-responsive juvenile justice system in India that fulfills constitutional guarantees and international commitments while addressing the unique vulnerabilities of girl child offenders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 345-366. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

JUVENILE JUSTICE THROUGH GENDER LENS: LEGAL TREATMENT OF GIRL CHILD OFFENDERS IN INDIA Read More »

ADDRESSING THE GAP- LACK OF LAWS RELATED TO SEXUAL OFFENCES AGAINST MALES IN INDIA

Volume III Issue I /

ADDRESSING THE GAP- LACK OF LAWS RELATED TO SEXUAL OFFENCES AGAINST MALES IN INDIA Simran Kaliha, Student at Campus Law Centre, University of Delhi Download Manuscript doi.org/10.70183/lijdlr.2024.v03.15 Sexual offences are a grave violation of human rights, bodily autonomy, and individual dignity. Yet we see a significant gap in laws related to sexual offences against males and transgender people. In India, the legal system predominantly focuses on female victims of sexual offences, leaving a significant gap in justice for male victims. Sexual offences against males remain overlooked and underreported crimes in India due to deep-rooted patriarchal mindsets and societal biases. The Bhartiya Nyaya Sanhita continues to define rape and sexual offences in gender-specific terms and reinforces the conception that only women can be victims of sexual offences. This research paper critically analyses the absence of legal provisions for male survivors, analyzing historical, legal, and societal perspectives. A comparative analysis with legal frameworks of other countries like the United States of America, United Kingdom, Canada, etc. shows a progressive shift towards gender-neutral sexual offences laws. In contrast, Indian law still criminalizes non-consensual sexual acts primarily based on the victim’s gender. This research paper delves into the historical background, evolution, comparison with laws of other countries, theories, statistical analysis, and future implications of the lack of laws related to sexual offenses against males in India and highlights the urgent need for legislative reforms to ensure gender-neutral sexual offences laws. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 328-344. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

ADDRESSING THE GAP- LACK OF LAWS RELATED TO SEXUAL OFFENCES AGAINST MALES IN INDIA Read More »

DIGITAL VIGILANTISM IN INDIA: LEGAL FRAMEWORK AND JURISDICTIONAL CHALLENGES FOR LAW ENFORCEMENT

Volume III Issue I /

DIGITAL VIGILANTISM IN INDIA: LEGAL FRAMEWORK AND JURISDICTIONAL CHALLENGES FOR LAW ENFORCEMENT Isha Bansal, LLM (Criminal Law) Student at Amity University Noida, Batch- 2024-2025. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.14 Digital vigilantism has emerged as a complex socio-legal phenomenon in India, characterized by citizens utilizing online platforms to identify, expose, and punish perceived wrongdoers outside formal legal frameworks. This research paper examines the intricate legal and jurisdictional challenges confronting Indian law enforcement agencies when addressing digital vigilantism. The constitutional framework provides theoretical protections through Articles 19, 21, and 14, yet implementation remains problematic. The Information Technology Act and related regulations exhibit significant gaps in addressing coordinated vigilante campaigns. Jurisdictional complexities arise from the borderless nature of digital spaces, with vigilante activities frequently transcending territorial boundaries. Law enforcement faces substantial technical and procedural hurdles, including anonymity tools, encryption challenges, and electronic evidence admissibility requirements. The Indian judiciary has incrementally developed important jurisprudential principles through landmark judgments, though these often arrive too late to prevent irreparable reputational damage. International dimensions further complicate enforcement efforts, with cross-border evidence gathering mechanisms proving inadequate for time-sensitive digital cases. This paper contends that addressing digital vigilantism requires comprehensive reforms spanning legislative frameworks, procedural innovations, specialized law enforcement training, and enhanced international cooperation mechanisms to balance legitimate accountability demands with rule of law principles. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 304-327. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

DIGITAL VIGILANTISM IN INDIA: LEGAL FRAMEWORK AND JURISDICTIONAL CHALLENGES FOR LAW ENFORCEMENT Read More »

CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS

Volume III Issue I /

CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS Akanksha Priya,Pursuing LLM in Criminal Law from Amity University, Batch 2024-2025 Download Manuscript doi.org/10.70183/lijdlr.2024.v03.13 Criminal accountability for harms caused by artificial intelligence systems presents profound challenges for traditional legal frameworks. The mens rea and actus reus pillars of Indian criminal jurisprudence face conceptual strains when applied to algorithmic decision-making. AI systems lack human-like mental states and discrete physical acts that form the foundation of criminal culpability. The Bharatiya Nyaya Sanhita, 2023 and other Indian laws inadequately address these accountability gaps. This article examines the conceptual and practical obstacles to AI criminal liability under current Indian legal frameworks. It analyzes relevant provisions of the Bharatiya Nyaya Sanhita and identifies their limitations in AI contexts. The article explores comparative regulatory approaches from the European Union, United States, United Kingdom, Singapore, and other jurisdictions. The article concludes by proposing legal and policy recommendations for India to address AI criminal accountability challenges. These include establishing AI-specific legislation, incorporating risk-based obligations, mandating human oversight for high-risk applications, and developing specialized enforcement capacities. The article emphasizes the urgent need for Indian legal frameworks to evolve beyond anthropocentric paradigms and accommodate the distinctive characteristics of artificial intelligence. Only through such evolution can India establish effective and legitimate mechanisms for attributing criminal responsibility when AI systems cause harm. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 273-303. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS Read More »

THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX

Volume III Issue I /

THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX Ayush Kumar Yadav, 6th Semester BBA LLB (H) Student at Amity University Uttar Pradesh, Lucknow Campus, Lucknow. Dr. Arvind Kumar Singh, MBA, P.hd, UGC (NET), Officiating Director, Amity University Uttar Pradesh, Lucknow Campus, Lucknow. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.12 This paper explores the changes in the legal surrogacy landscape in India with the passage of the Surrogacy (Regulation) Act, 2021, which instituted a ban on commercial surrogacy, thereby paving the way for an altruistic model. The analysis chronicles regulatory developments on surrogacy in India, unravelled through some landmark judicial pronouncements, especially the Baby Manji Yamada and Jan Balaz cases which highlighted significant regulatory voids. The paper analyzes the constitutional aspects of reproductive rights under Article 21, and how they interact with some of the restrictive clauses of present legislation. A comparative analysis of regulatory efforts—from the permissive ART Bill of 2008 to the prohibitive tenor of the 2016 Bill—shows that there are basic alterations in the policy orientations. The proposed research highlights significant barriers to implementation, including definitional ambiguities, administrative infrastructure needs, and continuing constitutional challenges to eligibility restrictions. It further discusses how surrogacy regulation can fit into the larger ART regulatory system, including aspects of integration and realm conflicts. This in-depth analysis sheds light on the intricacies of balancing the competing goals of preventing exploitation and protecting reproductive autonomy that define India’s game-changing approach to surrogacy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 244-272. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX Read More »