LIJDLR

Volume III Issue II

FROM CUSTOM TO CODEX – HOW LAW RECONFIGURES SOCIAL CONSTRUCTS OF MARRIAGE AND KINSHIP

Volume III Issue II /

FROM CUSTOM TO CODEX – HOW LAW RECONFIGURES SOCIAL CONSTRUCTS OF MARRIAGE AND KINSHIP Sweksha Kumari, 1st year BALLB Student at Mumbai University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.67 The research paper examines the changing nature of the interrelationship existing between customary social practices and codified legal frameworks in India as far as the institution of marriage and kinship are concerned. Its key government inquiries are: What has been the effect of conventional precepts on the contemporary Indian calculations of marriage and family as law? And how far do the statutory laws resonate with or clash with the customary law, more so in the rural and diversely socio-cultural environments? It involves the analysis of a doctrine of law, additional to the case law research, review of the statutory interpretations, and sociological implications through the information provided in the census and ethnographic reports. The discussion on the translation of customary norms into enforceable legal rights within the constitutional and statutory regime of India is put in the light of the Latin legal maxim ubi jus ibi remedium which, being translated into English, states where there is a right, there is a remedy. The Indian marriage was celebrated as a holy life-long bond. This is no longer the case however, as it is controlled today by a dual religion or personal laws (e.g., the Muslim Personal Law (Shariat) Application Act, 1937) and secular statutory laws (e.g., the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954). The paper focuses on the tension between norms not stated in the letter of the law and normative democratic rules, particularly when traditional caste, religion, gender, or sexuality discourses add to legal interpretation and enforcement difficulties. In the findings, it is seen that patriarchal ideas of kinship are gradually being reconstituted through courts, especially in such aspects of life as adoption, inheritance and guardianship. It can be summarized in the paper that a balanced legal practice, one that reconciles the traditional legitimacy with constitutional value, is of essence to the provision of justice, which is inclusive yet culturally echoed within a pluralistic society such as India.

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ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH

Volume III Issue II /

ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH Rachana Mishra, B.A.LL.B.(Hons) 5th year, SS Khanna Girls’ Degree College, Prayagraj Mustafa Khan, LLB, Integral University, Lucknow Download Manuscript doi.org/10.70183/lijdlr.2025.v03.66 This article analyses the transformative impact of artificial intelligence on contract analysis, legal research, and all aspects of legal practice in India. In this article, we applied a qualitative methodology and, apart from it also include a literature review and statutory interpretation, so it examines how AI helps in enhancing efficiency, accuracy, and access to justice while also addressing some challenges such as data privacy, algorithmic bias, and ethical dilemmas. Now, essential takeaways highlight AI’s role in different places, like in automating routine tasks, reducing costs and advancing access to justice and risks like job displacement and regulatory gaps. The article cites many statutory frameworks which including the Information Technology Act, 2000, and the Indian Evidence Act, 1872, acknowledging the Indian legal regime’s limited engagement with AI-specific issues. It asserts that the Bar Council of India should work on AI ethical guidelines, mandate training, and include legal technology into law school academic programs to align innovation with ethical obligations.

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FROM CYBERSQUATTING TO META TAGGING – THE EXPANDING SCOPE OF TRADEMARK INFRINGEMENT IN THE DIGITAL SPHERE

Volume III Issue II /

FROM CYBERSQUATTING TO META TAGGING – THE EXPANDING SCOPE OF TRADEMARK INFRINGEMENT IN THE DIGITAL SPHERE Priya Dharshini A, LLM Student, Government Law College, Trichy. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.65 With the rapid expansion of digital commerce, trademark infringement in the digital sphere has grown in complexity and scale. In 2024, trademark owners from 133 countries filed 6,168 domain name complaints under the UDRP marking the second highest annual figure, highlighting the global rise in cybersquatting and related online violations. This paper examines how traditional trademark protection has evolved to address online issues such as cybersquatting, meta-tagging, keyword advertising and impersonation on social media. These tactics divert consumer attention thereby misleading them, exploit brands image and diminish market credibility. The paper offers an analysis of Indian and international frameworks including the Trade Marks Act, 1999, the INDRP, and the UDRP and identifies enforcement obstacles such as digital anonymity, cross border jurisdiction and weak platform accountability. Further, it addresses new threats from NFTs, block-chain domains, and AI-generated misuse. A 2024 study of NFT marketplaces found 8,000+ infringing collections, linked to $59 million in consumer deception and economic harm. Decentralized domain systems and AI-driven keyword tools pose enforcement challenges that often evade traditional legal remedies. The paper recommends extending trademark protection to virtual goods, defining AI-related liability, enforcing stricter rules for digital platforms, and implementing faster dispute resolution processes. By integrating case law, data trends and statutory gaps, this paper will strengthen the legal understanding of online trademark risks and equips practitioners with strategies to navigate and address infringement in evolving digital marketplaces.

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FLUID TRADEMARKS IN INTELLECTUAL PROPERTY: THE VERSATILE NATURE OF BRAND IDENTITY

Volume III Issue II /

FLUID TRADEMARKS IN INTELLECTUAL PROPERTY: THE VERSATILE NATURE OF BRAND IDENTITY Palak P Kumar, B.A LL. B(H), Amity University Haryana Download Manuscript doi.org/10.70183/lijdlr.2025.v03.64 In the constantly evolving realm of global commerce, brands are perpetually searching for innovative methods to remain applicable and engage with their audiences. Traditional Trademarks, which were formerly immobile and unchanging, are now being replaced by a more dynamic and adaptable approach – Fluid Trademarks. This idea acknowledges that brand identity is not fixed; rather, it is a living, breathing reality that transforms in response to market trends, consumer preferences and cultural contexts. Fluid Trademarks signify a major shift in how brands perceive their identity which is important for brand protection.  The era of rigid, unchanging ensigns and symbols is over. Brands are now espousing flexibility and rigidity, enabling them to remain material in a fleetly changing environment. This strategy recognises that brand identity is not a static motion but a dynamic and evolving reality that can manifest in colourful forms. While fluid trademarks deliver multitudinous advantages, they also introduce challenges. A primary concern is the preservation of brand recognition and consistency. With a fluid trademark, icing that the brand’s identity remains invariant across all touch points can be grueling. Likewise fluid trademarks complicate the protection of brand identity under the Indian Indian Trademark Law as the brand’s identity is in a state of constant progression. As the global marketplace continues to change it is apparent that fluid trademarks will impact brand identity. By embracing flexibility and adaptability, brands can remain relevant, connect with new audiences and sustain a robust relationship with their customers. Looking ahead, it is clear that the most successful brands will be those that can strike a balance between consistency and creativity while navigating the complexities of the Indian Trademark Law. By comprehending the benefits and challenges associated with fluid trademarks, brands can leverage this approach to shape their identity and achieve success in the global business.

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UNDERSTANDING THE DISTINCTION BETWEEN ASSAULT AND BATTERY IN CRIMINAL LAW

Volume III Issue II /

UNDERSTANDING THE DISTINCTION BETWEEN ASSAULT AND BATTERY IN CRIMINAL LAW Nikita Nijjar, BALLB (H), 2024-2029, 3rd Semester, IILM University, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2025.v03.63 The present research paper explores the differences between assault and criminal force (consistent with battery) under Indian criminal law, including historical development, statutory definitions, types, legal framework, and penalties. This research used doctrinal legal research methodology to examine provisions of the Indian Penal Code (IPC) and the recent Bhartiya Nyaya Sanhita (BNS), 2023, as well as judicial law included in relevant cases. Important findings include that assault (Section 351 IPC/BNS) requires some act or preparation that causes a reasonable apprehension that the defendant will cause the plaintiff injury without any physical contact, while criminal force (Section 350 IPC/BNS) involves the defendant intentionally making physical contact with the plaintiff without any consent, causing injury, fear or annoyance. This paper further analyzes two landmark rulings, including Rupavati v. Shyama (1958) as case law to illustrate judicial interpretations. Overall, the paper concludes that this important distinction is vital for classifying and relying on laws that evolve properly and must continually evolve to keep pace with modern issues, such as cyber threats.

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SAFEGUARDING HERITAGE: BASMATI RICE DISPUTE (INDIA V. RICETEC INC. 1997)

Volume III Issue II /

SAFEGUARDING HERITAGE: BASMATI RICE DISPUTE (INDIA V. RICETEC INC. 1997) Pavithra. K, 5th semester, BBA LLB (Hons.), School of Legal Studies, CUSAT Download Manuscript doi.org/10.70183/lijdlr.2025.v03.62 A legal battle over intellectual property between two countries that shook the whole global market stands as a cornerstone in the evolution of intellectual property law in India. The Basmati Rice Dispute (India v. RiceTec Inc., 1997) became an influential case that pressed for the protection of traditional knowledge and geographical indications, setting a legal precedent. India’s rich biodiversity has served as a magnet, attracting foreign countries. Since time immemorial, rice has been a staple food in most Asian countries, with India being a major exporter of Basmati rice. The US patent claim on Basmati, which infringed India’s traditional knowledge rights, disregarded the cultural, agricultural, and geographic origins of Basmati rice. RiceTec’s attempt to deceptively capture the global market for Basmati rice was strategically defeated by India. As a result, RiceTec withdrew 15 claims out of 20 claims they asserted in the patent application and the title was amended to “Rice Lines Bas867, RT 1117 and RT1121”, thereby safeguarding the distinct identity of Basmati rice. Even though RiceTec retained certain claims, it was not permitted to use the term “Basmati,” which marked India’s success in the legal battle. The major outcome of the dispute was the introduction of Geographical Indications of Goods (Registration and Protection) Act, 1999, a legal reform that removed the lacunae in addressing the geographic origin of varieties. It also accelerated global awareness of biopiracy and need for the protection of traditional knowledge. This article seeks to analyse the Basmati rice dispute and its economic, cultural, and legal impact through the FILAC methodology, a structured legal analysis framework. This case holds greater global significance, as developing countries are still facing challenges in protecting their traditional knowledge and indigenous products.

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CONSENT MECHANISMS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A COMPARATIVE LEGAL ANALYSIS WITH GDPR AND CCPA/CPRA

Volume III Issue II /

CONSENT MECHANISMS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023: A COMPARATIVE LEGAL ANALYSIS WITH GDPR AND CCPA/CPRA Vedant Raj Chaurasiya,BBA LLB (Final Year – X Sem.), Amity Law School, Amity University Madhya Pradesh Download Manuscript doi.org/10.70183/lijdlr.2025.v03.61 Consent remains a foundational pillar in contemporary data protection frameworks, yet its normative basis, scope, and enforceability vary significantly across jurisdictions. India’s enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) signals a shift towards a consent-centric model, but this framework departs in meaningful ways from the paradigms established under the European Union’s General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA), as enhanced by the California Privacy Rights Act (CPRA). This paper conducts a structured comparative and doctrinal analysis to examine how each of these regimes conceptualizes consent, the role of enforcement mechanisms, and the degree of autonomy afforded to individuals. The GDPR situates consent within a rights-based approach, requiring it to be freely given, informed, specific, and revocable—supported by institutional safeguards like independent data protection authorities and mandatory risk assessments. Conversely, the CCPA/CPRA reflects a consumer-choice model where transparency and opt-out functionality dominate, with consent obligations emerging only in limited scenarios. The DPDP Act, though framed around consent, weakens its efficacy by introducing expansive “deemed consent” provisions and lacking critical oversight tools such as mandatory Data Protection Impact Assessments (DPIAs) or a fully independent regulatory authority. The analysis further explores the consequences of this design on India’s cross-border data transfer capability, especially its divergence from GDPR adequacy standards. Arguing for the evolution of a consent-plus architecture, this paper recommends enhancements such as fiduciary accountability, dynamic and context-sensitive consent models, and user interfaces tailored to India’s socio-linguistic diversity. These interventions are imperative for strengthening user autonomy, enhancing legal coherence, and enabling India’s data regime to stand alongside global best practices in digital rights governance.

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RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS

Volume III Issue II /

RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS Dr. S. Vijayalakshmi,HOD, Bharat Institute of Law, Chennai Sai Prarthana M, 4th Year Student, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.60 With the global growth of gig platforms, a non-standard form of employment has now emerged. The traditional employer-employee relationship and its permanence are absent. This economy has created a new form of workers. They are considered freelance workers who work as and when the demand arises from the consumers. The essential aspect of this economy is the work on digital platforms. In gig work, the consumers would demand labour digitally through apps. These digital platforms would create millions of jobs around the world. Recently, in June 2022, the NITI AYOG released its latest report, ‘India’s Booming Gig and Platform Economy – Perspectives and Recommendations of the Future of Work’ – which exhibited a detailed analysis of the economy’s growing significance in India. Further, the report has outlined the road map to achieve especially 8th Goal of SDG for Decent work and Employment Growth to all. Though India has interfaced with gig–platform work to boost the economy with greater fervour during the Corona period, yet, the policy and legislations are at an infant stage and yet to be formulated and finalized. Meanwhile, the age-old labour legislations are undergoing a sea change in the name of simplifying them. The new codes on Wages, Industrial Relations, Social Security, and Occupational Safety and Health have yet to be appropriately enacted, and rules need to be established by the Central and State governments for the protection of the rights of employees. Ultimately, the goal is to achieve the Sustainable Development Goals, by the UN and the ILO for better and sustainable legislations pertaining to labour law. India has already outlined the road map to the 8th Goal of SDG. The SDGs do matter in developing sustainable communities when focused on their achievement in India. We are at the earliest stage towards making in policy for gig/platform workers as they are going to occupy the Indian economy at a greater level.

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GST ON ONLINE GAMING AND DIGITAL SERVICES: A COMPREHENSIVE ANALYSIS

Volume III Issue II /

GST ON ONLINE GAMING AND DIGITAL SERVICES: A COMPREHENSIVE ANALYSIS Neha, SYMBIOSIS LAW SCHOOL, NOIDA Vaibhav Garg,SYMBIOSIS LAW SCHOOL, NOIDA Download Manuscript doi.org/10.70183/lijdlr.2025.v03.59 The rapid advancement of the digital era has significantly elevated the role of online gaming and digital services in India’s economy. With the introduction of the Goods and Services Tax (GST) on July 1, 2017, the Indian government aimed to establish a unified indirect tax regime. However, its application to the digital economy especially to online gaming has sparked intense legal and policy debates. The adoption of GST has brought substantial changes to the tax landscape for digital and online gaming sectors. A major turning point came with the 28% GST imposed on the full-face value of bets, equating skill-based gaming with gambling and betting. This decision, based on Rule 31A (3) of the CGST Rules, 2017 and recent October 2023 legislative amendments, led to a 412% surge in tax revenue, reaching ₹6,909 crore in just six months. [1]The constitutional validity of this framework is currently under scrutiny in GST Intelligence Directorate v. Games kraft Technologies (P) Ltd., 2023 SCC OnLine SC 1254[2]. This paper explores the effects of GST on these industries by analysing its evolution, regulatory structure, key challenges, supporting legal provisions, economic implications, stakeholder perspectives, and potential future developments.

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M/S V.S. PRODUCTS VS. UNION OF INDIA [2022 (1) TMI 380 (KARNATAKA HIGH COURT)]

Volume III Issue II /

M/S V.S. PRODUCTS VS. UNION OF INDIA [2022 (1) TMI 380 (KARNATAKA HIGH COURT)] Akshara Gupta, SCHOOL OF LAW, GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2025.v03.58 This case comment examines the Karnataka High Court’s decision in M/S V.S. Products v. Union of India, considering the constitutional validity of charging Central Excise Duty along with Goods and Services Tax (GST) on tobacco products after the adoption of the GST regime in India. The petition, by a manufacturer of tobacco, objected to the twin levy as being contrary to Articles 14, 19(1)(g), and 265 of the Constitution on the ground that GST had absorbed excise duty on goods. The Union of India justified the twin levy, contending that excise duty is levied on manufacture, whereas GST is on supply, hence different taxable events. The court supported the viability of both levies, underlining that the 101st Constitutional Amendment and Article 246A don’t repeal Parliament’s power under Entry 84 of the Union List to continue imposing excise duty on some commodities, like tobacco. The ruling reiterates the principle that several taxes can coexist if they rest upon different taxable events and legislative authority. It also makes it clear that double taxation is not in and of itself unconstitutional unless arbitrary or discriminatory treatment is the result. The decision has far-reaching implications for India’s constitutional structure of indirect taxation, particularly in balancing new GST powers and reserved taxation jurisdiction under the old entries of the Union List.

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