LIJDLR

Volume III Issue III

MULTILATERAL AND MINILATERAL PERSPECTIVES ON PIRACY AND ARMED ROBBERY AT SEA

Volume III Issue III /

MULTILATERAL AND MINILATERAL PERSPECTIVES ON PIRACY AND ARMED ROBBERY AT SEA Jyothi Sharma, L.M (Pursuing), Lovely Professional University (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.98 Piracy and armed robbery at sea remain persistent threats to international shipping and coastal security. Under international law, piracy is defined in UNCLOS Article 101 as violent acts at sea outside any State’s jurisdiction, whereas “armed robbery against ships” refers to similar crimes within a State’s waters. This paper examines how the global community (multilateral) and regional groups (minilateral) address these crimes, with an emphasis on Indian law and policy. The analysis first outlines the international legal framework (UNCLOS, IMO, UN Security Council resolutions, the Contact Group on Somali piracy) that obliges states to cooperate in suppression of piracy. It then surveys multilateral institutions and operations (UNODC, IMO codes, EU NAVFOR “Atalanta”, NATO Ocean Shield, Combined Task Forces, etc.) that implement counter-piracy measures. Next, it reviews regional/minilateral initiatives: in the Indo-Pacific (the ReCAAP information‐sharing centre in Singapore, the Malacca Straits Coordinated Patrols (MALSINDO), and the Indonesia-Malaysia-Philippines Trilateral Cooperative Arrangement), in the East African/Indian Ocean (Djibouti Code of Conduct 2009, Jeddah Amendment 2017, regional fusion centres), and in West/Central Africa (Yaoundé Code of Conduct 2013, bilateral patrols like Nigeria-Benin “Operation Prosperity”, Gulf of Guinea information-sharing centers). The paper highlights India’s role – noting that until recently Indian courts lacked jurisdiction over pirates beyond 12 NM, which led to the Maritime Anti-Piracy Act, 2022. This law criminalizes piracy on the high seas and extends Indian jurisdiction to the EEZ, aligning domestic law with UNCLOS obligations. The analysis finds that multilateral frameworks provide comprehensive legal norms and broad coordination but often lack enforcement on the ground; minilateral/regional cooperation (e.g. joint patrols, intelligence‐sharing) has been more agile in specific waters. However, gaps remain in capacity and implementation. The paper concludes with recommendations to strengthen information-sharing, harmonize national laws (as India has done), build coastal state capacity, and deepen both global and regional partnerships to suppress maritime crime effectively.

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MISALIGNED MANDATES: HARMONISING SEBI AND FEMA IN INDIA’S EVOLVING CRYPTO ECONOMY

Volume III Issue III /

MISALIGNED MANDATES: HARMONISING SEBI AND FEMA IN INDIA’S EVOLVING CRYPTO ECONOMY Siddharth Pariani, 5th Semester, Student at Symbiosis Law School, Pune (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.97 This article uncovers a profound constitutional tension afflicting India’s burgeoning crypto ecosystem, where the Securities and Exchange Board of India’s 2025 algorithmic trading rules and the Foreign Exchange Management Act (FEMA)’s capital‑control regime converge to impose untenable compliance trilemmas on corporate directors, thereby breaching their fiduciary duties of care. Drawing on never‑before‑published board minutes from penalised exchanges, whistleblower interviews, and Financial Intelligence Unit enforcement data, it demonstrates how this regulatory schizophrenia has driven compliance costs to surge, exacerbated insolvency risks, and chilled cross‑border investment. Through a three‑fold constitutional diagnosis, under Article 14’s intelligible differentia test (State of West Bengal v. Anwar Ali Sarkar), Article 19(1)(g)’s proportionality standard (Indian Medical Association v. Reserve Bank of India), and Article 21’s due process guarantees, the article situates India’s predicament within a global context of regulatory fragmentation, from MiCA to the SEC-CFTC “penalty federalism.” It then prescribes targeted legislative surgery, including clause‑level amendments to FEMA § 2(n) and the creation of a GSTN-inspired compliance portal to automate regulatory harmonisation, offering concrete mechanisms to reconcile investor protection with monetary sovereignty. By bridging corporate governance, constitutional law, and financial regulation, this work provides a definitive roadmap for resolving India’s most urgent business-law conflict.

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SHADOW BANKS AND DIRTY MONEY: INVESTIGATING THE USE OF NBFCS IN MONEY LAUNDERING AND FINANCIAL CRIMES

Volume III Issue III /

SHADOW BANKS AND DIRTY MONEY: INVESTIGATING THE USE OF NBFCS IN MONEY LAUNDERING AND FINANCIAL CRIMES Sudiksha Dhungel, B.Com. LL. B (Hons), Institute of Legal Studies and Research, GLA University (India). Suyash Upadhyay, B. Com (Hons), Shri Ram College of Commerce, University of Delhi (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.96 This paper examines how, despite their role in providing access to financial services, Non-Banking Financial Companies (NBFCs) have emerged as significant facilitators of money laundering in India. This is brought on by legal loopholes, lax enforcement of anti-money laundering regulations, and a lack of systemic openness. Using a qualitative doctrinal approach, augmented by a small amount of quantitative data, and by looking at actual instances of high-profile financial crimes like the PMC-HDIL fraud and the Chinese lending app scam, the paper dissects money laundering techniques like shell companies, round-tripping, hawala operations, and fake loans. The regulatory frameworks of banks and NBFCs are thoroughly compared, compliance with RBI and PMLA standards is assessed, and potential regulatory adjustments are delineated. The findings demonstrate that the NBFC sector is now more exposed due to inadequate monitoring, uneven enforcement of KYC/AML regulations, and a lack of agency cooperation. The study is limited, though, in that it only uses secondary sources; field interviews, direct data collecting, and access to internal compliance records are not included. The study comes to the conclusion that until India moves toward centralized risk intelligence and predictive, technology-integrated regulation, NBFCs will remain high-risk facilitators of illicit funding.

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THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES

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THE LEGISLATIVE ENSHRINEMENT OF CONSUMER PROTECTION IN TUNISIA: ANALYSIS OF THE LEGAL FOUNDATIONS AND CONTEMPORARY ADVANCES Mokili Kiamodja Esther, bachelor’s degree in Private Law, Montplaisir University of Tunis, Tunisia; master’s degree in business and Corporate Law, Central University of Tunis, Tunisia; Assistant on first term at IBTP/Kisangani Bofoe Lokangu Starmans, Doctorate in Economic and Social Law, University of Kisangani Download Manuscript doi.org/10.70183/lijdlr.2025.v03.95 This article analyses the legislative enshrinement of consumer protection in Tunisia, following the normative and institutional development from 1992 to 2024. The study is based primarily on Law No. 92-117 of 7 December 1992, considered to be the founding text of consumer protection in Tunisia. It then examines the legislative additions that have consolidated it, as well as its recent adaptations to economic and technological developments. The research is based on a multidimensional legal methodology, combining analysis of the legislative and regulatory corpus, examination of Tunisian case law, and critical study of doctrine and institutional reports. It also provides a comparative perspective with international standards, in particular European directives and certain legislation adopted in Mediterranean countries. The results highlight a well-organised legal system that protects fundamental rights such as product safety, the right to information and legal guarantees. This system is also supported by mechanisms for recourse, mediation and sanctions, as well as specialised bodies. In practice, however, its effectiveness is limited by regulatory fragmentation, low consumer awareness and procedural delays. The study concludes that significant progress has been made, while emphasising the need for comprehensive codification of consumer law, strengthening of out-of-court dispute resolution mechanisms, development of consumer legal education, and continuous adaptation of legislation to new challenges, such as cross-border disputes and the repercussions of the COVID-19 pandemic. These recommendations aim to ensure more effective, equitable and sustainable protection for Tunisian consumers in a constantly changing market environment.

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FEDERALISM IN FLUX: A CRITICAL ASSESSMENT OF THE UNION’S LEGISLATIVE DOMINANCE IN CONCURRENT LIST SUBJECTS

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FEDERALISM IN FLUX: A CRITICAL ASSESSMENT OF THE UNION’S LEGISLATIVE DOMINANCE IN CONCURRENT LIST SUBJECTS Vishal Anand, 2nd Year, Research Scholar at Department of Law, Patna University, Patna (India). Pooja Kumari, Post-graduate in Law (LL.M.) from Chanakya National Law University, Patna (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.94 Indian federalism, often described as ‘quasi-federal’ or ‘asymmetrical’, is characterized by a constitutional framework that leans towards the Union. A primary instrument of this centralizing tendency is the Concurrent List (List III) of the Seventh Schedule, which delineates subjects where both the Union and the States may legislate. This article critically assesses the functioning of legislative concurrency in India. It argues that the Concurrent List, originally envisioned as a domain for cooperative federalism and legislative harmonisation, has progressively become a mechanism for the Union to assert its legislative dominance, thereby eroding state autonomy. Through an analysis of the constitutional provisions, particularly Article 254, and its judicial interpretation, the article traces the evolution of the doctrine of repugnancy. It contends that the Union’s expansive interpretation of its powers, coupled with a judiciary that has often deferred to Parliament’s legislative intent, has tilted the federal balance significantly. The article examines specific case studies in agriculture, education, electricity, and criminal law to demonstrate how recent Union legislation has encroached upon domains traditionally managed by the states. This trend signifies a shift from cooperative to coercive federalism, raising profound concerns about the viability of India’s pluralistic governance structure. The article concludes by arguing that restoring federal balance requires specific interventions, including empowering the Inter-State Council to mediate legislative disputes, establishing a formal, non-negotiable process for state consent on key concurrent laws, and adopting a judicial review standard that presumes the validity of state autonomy, thereby ensuring the Concurrent List functions as a site of cooperation, not coercion.

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FROM JUGAAD TO JURISPRUDENCE RECOMMENDATIONS FOR FOSTERING AND PROTECTING GRASSROOTS INNOVATION

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FROM JUGAAD TO JURISPRUDENCE RECOMMENDATIONS FOR FOSTERING AND PROTECTING GRASSROOTS INNOVATION Vishal Anand, 2nd Year, Research Scholar at Department of Law, Patna University, Patna (India). Pooja Kumari, Post-graduate in Law (LL.M.) from Chanakya National Law University, Patna (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.93 Grassroots innovation, often colloquially termed ‘jugaad’ in the Indian context, represents a vast, untapped reservoir of creative problem-solving. It embodies frugal, functional, and context-specific solutions developed by individuals and communities at the periphery of formal research and development ecosystems. However, this ingenuity exists in a precarious legal and institutional vacuum. While celebrated for its resourcefulness, it is simultaneously hampered by a lack of scalability, sustainability, and legal protection. The prevailing intellectual property (IP) regime, designed for capital-intensive, formal innovation, presents significant barriers-prohibitive costs, complex procedures, and stringent patentability criteria-to grassroots innovators. This article argues that a paradigm shift is necessary, moving from attempts to shoehorn grassroots creativity into an ill-fitting IP framework towards developing a bespoke, multi-pronged jurisprudential and policy strategy. For our purposes, we can classify grassroots innovation into three broad categories which are Category 1: Improvisational Solutions (The Classic Jugaad), Category 2: Systemic Frugal Innovations, Category 3: Codified and Community-Held Traditional Knowledge. It analyses the inadequacies of the current Indian legal instruments, including patents, designs, and copyrights, in safeguarding these unique innovations. Drawing on the work of institutions like the National Innovation Foundation, it proposes a holistic framework. Key recommendations include the introduction of a second-tier ‘utility model’ patent system, the creation of decentralised ‘Gram Innovation Kendras’ for local support, the establishment of innovation promotion vouchers to defray IP costs, and the development of a sui generis framework to protect community-held traditional knowledge. Ultimately, the article posits that by transforming our legal and institutional approach, we can transition grassroots innovation from a celebrated but transient phenomenon into a sustainable engine of inclusive growth and self-reliance.

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MOB LYNCHING: A CRIMINAL INJUSTICE TOWARD HUMANITY

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MOB LYNCHING: A CRIMINAL INJUSTICE TOWARD HUMANITY Dimpal, 9th, B.A.LL.B. (H), Amity Law School, Gurugram (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.92 In India, mob lynching has become one of the most unsettling examples of mass violence in a democracy, exposing significant rifts in the country’s moral, legal, and social structures. This study examines mob lynching in India as a serious danger to human rights and constitutional democracy. Using a doctrinal and case study methodology, the study examines legal frameworks, court rulings, and events like the lynchings in Jharkhand, Palghar, and Bhiwani. The results show that cow vigilantism, communal polarisation, institutional inaction, and digital disinformation—particularly via WhatsApp—are the main causes of lynching incidents. According to statistics, there has been a notable increase in mob lynchings since 2015, with a focus on marginalised groups like Muslims, Dalits, and Adivasis. The study emphasises the urgent need for a specific anti-lynching law and the shortcomings of the current legal framework, even in light of the Bharatiya Nyaya Sanhita, 2023. In order to promote social harmony and uphold constitutional values, the paper ends with recommendations that include strict statutory penalties, mandatory victim compensation, digital regulation, law enforcement awareness-raising, and civic education.

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HAIRCUT ECONOMICS: HOW THE IBC BECAME BACKDOOR BAILOUT TOOLS FOR NBFCS

Volume III Issue III /

HAIRCUT ECONOMICS: HOW THE IBC BECAME BACKDOOR BAILOUT TOOLS FOR NBFCS Devesh Jha, Author is a 4th year B.COM LLB (Hons.) student at Institute of Law, Nirma University (India) Priyanshi Jain, Author is a 4th year B.A. LLB (Hons.) student at Institute of Law, Nirma University (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.91 The IBC was made to create creditor discipline and lead to value-maximizing resolutions within a time-bound period. But a new trend with discomfiting implications is emerging: non-banking financial companies (NBFCs) are now using the IBC not for recovering value, but for abandoning their own toxic lending exposures, however, at prices that are very low and with little accountability. NBFCs that have lent irresponsibly or without security have provoked CIRPs, have gotten rid of 80-90% bad assets, and have always gone on like this. The most worrisome is who pays for this, state-owned banks, public sector ARCs, and government-affiliated entities are frequent resolution applicants thus, they come to possess these assets through court-approved resolution plans. This article should suggest that the IBC is, unwittingly, a back door fiscal tool: where the costs of shoddy credit underwriting are socialized; where the NBFCs get to start afresh with no difficult questions asked regardless of how poor the quality of credit disbursement. Relying on case studies, regulatory analysis and comparative global architecture, the piece asks how this cycle of private risk and public loss is playing out and what reforms are required to forestall the IBC from allowing unregulated bailouts in camouflage.

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JUDICIAL ACTIVISM AS AN INSTRUMENT OF ACCOUNTABILITY IN INDIA: AN ANALYSIS THROUGH RECENT LANDMARK JUDGMENTS

Volume III Issue III /

JUDICIAL ACTIVISM AS AN INSTRUMENT OF ACCOUNTABILITY IN INDIA: AN ANALYSIS THROUGH RECENT LANDMARK JUDGMENTS Vikash Kumar Das, LLM Student at Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2025.v03.90 The recent landmark judgment in The State of Tamil Nadu vs. Governor of Tamil Nadu & Anr., 2025, wherein the Hon’ble Supreme Court set a deadline for the President and Governors to act upon Bills within a prescribed timeline, has sparked intense debates on the separation of powers and judicial overreach. Judicial activism and the doctrine of separation of powers in India have been subjects of intense debate for decades. Through judicial activism, the Judiciary safeguards the constitutional framework and the rights of the people from the arbitrary exercise of power by the other branches of government. Hence, its role becomes imperative, although it often faces critical remarks and power struggles from the Legislature and the Executive. This Research Article examines the concept of Judicial Activism through the lens of recent landmark judgments. It discusses the constitutional perspective of judicial activism and the separation of powers. It delves into how judicial activism is an instrument for safeguarding constitutional values and helps establish good governance. This research paper highlights the role of judicial activism in laying the foundation for accountable government, safeguarding the rights of the people, and upholding constitutional values in this modern era through the lens of Constitutional Provisions and recent landmark judgments. It further highlights how it led to the formulation of welfare-oriented policies and legislation aimed at advocating the common good and fostering good governance, irrespective of the criticism it faces. The research article employed doctrinal and secondary legal databases to conduct this research.

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SEBI & RBI OVERHAUL OF AIF REGULATIONS IN 2025: BALANCING TRANSPARENCY, RISK, AND GROWTH IN INDIA’S FUND ECOSYSTEM

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SEBI & RBI OVERHAUL OF AIF REGULATIONS IN 2025: BALANCING TRANSPARENCY, RISK, AND GROWTH IN INDIA’S FUND ECOSYSTEM Vidushi Dubey, B.A LL.B (Hons.), 5th Year, 10th Semester, Student at Amity Law School, Amity University, Uttar Pradesh Dr. Axita Srivastava, Assistant Professor, Amity Law School, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2025.v03.89 The regulatory landscape of Alternative Investment Funds (AIFs) in India has undergone significant transformation since the enactment of the SEBI (Alternative Investment Funds) Regulations, 2012. Despite rapid industry growth, challenges persisted in transparency, taxation, and systemic oversight, prompting a comprehensive overhaul by the Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) in 2025. This paper examines the structural, supervisory, and policy changes introduced through the reforms and analyzes their implications for India’s fund ecosystem. The study highlights five key areas of reform: restructuring of fund categorization to prevent regulatory arbitrage, enhanced disclosure and transparency norms, robust risk-management and investor protection mechanisms, stringent cross-border capital flow regulations, and adoption of digital compliance frameworks. Judicial precedents from the Supreme Court and High Courts of India, alongside global regulatory models such as the EU AIFMD and the U.S. Investment Advisers Act, inform the analysis and establish the comparative dimension of the reforms. The findings suggest that while the overhaul strengthens investor protection, improves systemic resilience, and aligns Indian AIF regulation with international standards, it also raises concerns of compliance burdens, dual regulatory overlaps, and incomplete taxation reforms. The paper concludes with policy recommendations advocating harmonization of SEBI and RBI mandates, uniform tax treatment across fund categories, expansion of technology-driven supervision, and integration of ESG obligations. These reforms are positioned not only to consolidate India’s domestic market but also to enhance its credibility as a global hub for private equity, venture capital, and alternative investments.

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