LIJDLR

Volume III Issue III

FREEDOM OF THE PRESS IN THE SHADOW OF PRIVACY: THE RIGHT TO BE FORGOTTEN IN INDIA, EU, AND USA

Volume III Issue III /

FREEDOM OF THE PRESS IN THE SHADOW OF PRIVACY: THE RIGHT TO BE FORGOTTEN IN INDIA, EU, AND USA Jyothi Sharma, LL.M (Pursuing), Lovely Professional University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.88 “The Internet never forgets” — a characteristic that has evolved into a pressing legal problem when past information continues to shape reputations and public memory. This article offers a comparative doctrinal analysis of the so-called Right to Be Forgotten (RTBF) and its tensions with press freedom across three legal traditions: the European Union, India, and the United States. Drawing on leading judicial decisions, statutory texts (notably the GDPR and India’s DPDP Act, 2023), and regulatory practice, the paper examines how each system defines erasure, scopes public-interest exceptions, places obligations on intermediaries, and handles temporal reach and cross‑border enforcement. The EU model provides a robust delisting remedy codified in the GDPR, coupled with journalistic and public‑interest exceptions applied through balancing tests. India’s post‑Puttaswamy jurisprudence recognizes privacy as constitutionally protected and the DPDP Act introduces limited erasure, but no settled RTBF doctrine; Indian courts are developing case‑based remedies focused on anonymization and proportionality. The United States, guided by the First Amendment, resists a European‑style RTBF and confines redress to narrow torts and sectoral statutes. The paper contributes to the literature by proposing a practicable hybrid model: a narrowly scoped statutory erasure right for private individuals, explicit public‑interest carve‑outs for journalism and archives, robust process safeguards (notice, independent review, proportional remedies), and limited temporal rules to preserve historical integrity. These recommendations aim to harmonize privacy and press freedom while minimizing risks of political or commercial abuse.

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CORPORATE SOCIAL RESPONSIBILITY AS A TOOL FOR GREENWASHING: LEGAL IMPLICATIONS

Volume III Issue III /

CORPORATE SOCIAL RESPONSIBILITY AS A TOOL FOR GREENWASHING: LEGAL IMPLICATIONS Anshika Mishra, Student, United University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.87 Corporate Social Responsibility (CSR) has emerged as a powerful tool to guide businesses toward ethical and environmentally sustainable practices. However, in recent years, CSR has increasingly been misused as a strategic means of green washing where companies portray themselves as environmentally responsible without implementing meaningful changes. This paper explores how existing legal systems respond to, or fail to address, deceptive environmental claims made under the banner of CSR. It provides a critical evaluation of the legal consequences associated with the misuse of CSR and examines both international and domestic regulatory structures, alongside key legal cases that have brought greenwashing practices to light. The study underscores the urgent need for more robust legal accountability, greater clarity in sustainability standards, and stronger enforcement mechanisms. It delves into the intersection of environmental responsibility, business ethics, and legal regulation, emphasizing the importance of reinforcing legal frameworks to prevent CSR from being exploited as a façade for environmentally damaging activities.

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FIRST RESPONDERS, LAST PRIORITY: A STUDY ON FIREFIGHTER WELFARE IN INDIA

Volume III Issue III /

FIRST RESPONDERS, LAST PRIORITY: A STUDY ON FIREFIGHTER WELFARE IN INDIA Jaya Ramu. A, Final Year LLM Student, Government Law College- TRICHY Download Manuscript doi.org/10.70183/lijdlr.2025.v03.86 Firefighters, as frontline emergency responders, risk their lives to protect society from fires, disasters and industrial hazards. Yet, in India, their welfare, rights and working conditions remain severely neglected. According to the National Crime Records Bureau (NCRB), over 300 firefighters have died in the line of duty between 2015 and 2022, with thousands more injured, underscoring the dangerous nature of this profession. This paper critically examines the systemic deficiencies in legal, institutional and policy frameworks governing firefighter welfare in India. Drawing on field observations, policy analysis and international comparisons, the study highlights gaps in occupational safety, insurance coverage, mental health support and compensation mechanisms. Unlike countries such as the United States and United Kingdom, India lacks a central statute to address the unique risks faced by firefighters. As a result, they endure hazardous working environments without adequate protective gear, mental health services, or structured post trauma care. The research underscores the urgent need for legislative reform, sector specific protections and a national policy that recognizes firefighting as a hazardous occupation deserving of dignity, safety and institutional support. The findings aim to inform legal reform and policy interventions that can secure recognition, welfare and long-term resilience for Indian’s first responders.

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SEX WORK AND THE LAW: A FRAMEWORK FOR LEGAL RECOGNITION OF PROSTITUTION IN INDIA

Volume III Issue III /

SEX WORK AND THE LAW: A FRAMEWORK FOR LEGAL RECOGNITION OF PROSTITUTION IN INDIA Surabhi Uttamrao Badge, Vivekanand Education Society’s College of Law. (Affiliated with Mumbai University). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.85 “Prostitution, recognised as one of the world’s oldest professions, has undergone complex legal and social transformations.” Courtesans in ancient India were a regulated profession, as mentioned in texts such as the Kautilya Arthashastra and Vatsyayana, Kamasutra. However, colonial morality criminalised them, and the change in the profession was based on stigma rather than law. Today, the situation has been discriminated against in India because the Immoral Traffic (Prevention) Act, 1956 (Act No. 104 of 1956) has given partial criminalisation to sex work, hence, maltreatment by the police, lack of healthcare services, and institutional neglect. Sex workers play significant roles in the informal economy, but are denied an identity document, franchise, ration cards, shelter, and medical care, which further marginalises their community generationally. It is also a comparative law study of two of the largest international precedents: the New Zealand Prostitution Reform Act 2003, which completely decriminalises sex work and treats it as labour, and the German regulatory approach incorporates sex work into the formal economy by requiring licensing, taxation, and compliance with health regulations. Such models can provide useful guidance in crafting an Indian framework of law that values both the liberty of individuals and the health priorities of the population.  In Budhadev Karmakar v. State of West Bengal (2022), the Supreme Court upheld the right to dignity of sex workers under Article 21. Likewise, the case Canada v. Bedford (2013) condemned statutes that posed a threat to the security of sex workers. With the legal maxim Fiat justitia ruat caelum-let justice be done though the heavens fall – legal reform should focus on human dignity, the health of the population and participatory democracy, and sex work should therefore be a question concerning justice and not morality.

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JUDICIAL PRECEDENTS AND THE ONTOLOGY OF LAW

Volume III Issue III /

JUDICIAL PRECEDENTS AND THE ONTOLOGY OF LAW Emmanuel Iniobong Archibong, Ph.D., Department of Philosophy, University of Uyo, Uyo, Nigeria Gloria Oluchukwu Igalawuye, Department of Law, School of Law and Security Studies, Babcock University, Ilishan Remo, Nigeria Bar. Emmanuel Ekwuoba Emeka, University of Fribourg, Fribourg Switzerland, Department of Int’l Business Law (IBL) Barr. Abel Okafor-Nduka, Private Legal Practitioner and Independent Researcher, Nigeria Download Manuscript doi.org/10.70183/lijdlr.2025.v03.84 The doctrine of judicial precedent occupies a central place in legal systems based on consistency, continuity, and structured legal reasoning. However, the ontological status of precedent, which translate to “what kind of legal being it constitutes or projects” remains under-theorised. This study examined judicial precedent not simply as a doctrine of rule-following, but as an ontological construct that shapes the “being and evolution” of law. Drawing on Hans-Georg Gadamer’s legal hermeneutics, the study employs a philosophical-interpretive framework to analyse how precedents bring law into “being” and how their authority transforms across historical and normative contexts. The analysis revealed that precedent is not a neutral repository of legal knowledge but an interpretive ritual that both stabilises and reshaped law’s ontological footprint. Through a hermeneutic reading of jurisprudential texts and selective case illustrations, the study identified a dialectic between precedent’s formal binding force and its capacity for normative reconstruction. The findings challenged the view that precedent is not merely constraining but constitutive, reflective of and generative of law’s identity. This study offered a reconceptualization of precedent as a site of ontological performance, contributing to legal theory by shifting focus from doctrinal continuity to interpretive and philosophical responsibility.

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MENSTRUAL HEALTH UNDER THE EXPANSIVE CANOPY OF RIGHTS: A CRITICAL LEGAL APPRAISAL OF THE INDIAN FRAMEWORK

Volume III Issue III /

MENSTRUAL HEALTH UNDER THE EXPANSIVE CANOPY OF RIGHTS: A CRITICAL LEGAL APPRAISAL OF THE INDIAN FRAMEWORK Kritanjali Purkayastha, LL.M (Human Rights Law) (Postgraduate) Department of Law, Tezpur University, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.83 Health is a fundamental human right essential for human dignity and survival, impacting an individual’s ability to live a meaningful life. Among the various dimensions of health, menstrual health, a critical aspect of reproductive health, has historically been stigmatized and neglected in public discourse due to cultural taboos and social norms. As awareness around health rights grows, the recognition of menstrual health as a fundamental human right has become more pressing. The International Covenant on Economic, Social and Cultural Rights, Universal Declaration on Human Rights, and other international instruments explore the significance of menstruation, analyzing how it is intertwined with the broader human rights framework, particularly the right to health. Through case laws such as “CESC Ltd. v. Subhash Chandra Bose” and “Consumer Education and Research Centre v. Union of India”, the Indian judiciary has expanded the interpretation of the right to life to encompass health, including the right to medical care and a dignified life. Despite the increased awareness, there are still a lot of gaps in the laws and policies about menstrual health in India and around the world. This research also looks at issues affecting menstrual health rights, new legislative initiatives, and other relevant topics. It draws attention to the ways that systematic neglect is exacerbated by a lack of awareness, period poverty, inadequate infrastructure, and an unclear legal framework. This research highlights the pressing need for legal clarity, judicial recognition, and efficient policy execution by placing menstrual health within the larger human rights discourse. Ultimately, this paper advocates for a rights-based approach to menstrual health, which not only addresses the medical aspects but also integrates cultural, economic, and social dimensions to combat stigma, ensure equality, and protect dignity for all menstruators.

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RE-EVALUATING THE PRINCIPLE OF UTMOST GOOD FAITH IN INDIAN INSURANCE LAW: A CASE FOR LEGISLATIVE REFORM

Volume III Issue III /

RE-EVALUATING THE PRINCIPLE OF UTMOST GOOD FAITH IN INDIAN INSURANCE LAW: A CASE FOR LEGISLATIVE REFORM Adv. Lakshya Kaushish, LL.M. in Corporate & Finance (2025-26), 1st Trimester, Student at OP Jindal Global University, Sonipat, Haryana, India Adv. Plabanee Patnaik, Legal Manager at Aditya Birla Capital, Mumbai, Maharashtra, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.82 Indian insurance law is based on the legal principle of uberrimae fidei, which means “utmost good faith.” This principle was created to fix the problem of information asymmetry between the insurer and the insured. In today’s market, though, powerful insurance companies are using this doctrine more and more to deny claims based on technical non-disclosures. This creates a big power imbalance that goes against the main social goal of insurance, which is to be a safety net, and it leaves policyholders who are already vulnerable unfairly exposed. This raises important questions about consumer protection and fairness in contracts. This article critically analyses the Insurance Act of 1938, its related regulations, and the development of Supreme Court case law through a doctrinal legal framework enhanced by socio-legal and constitutional viewpoints, to assess the doctrine’s practical implications. The analysis indicates a discernible judicial trend aimed at alleviating the severity of uberrimae fidei, as the Supreme Court increasingly incorporates principles of proportionality and fairness. Even with these improvements, policyholders are still not well protected because the rules are too broad, and the enforcement is too weak. The results show that just changing the way the courts work is not enough. This article advocates for a thorough legislative reform, suggesting particular modifications to the Insurance Act of 1938 to substitute uberrimae fidei with a legal ‘duty of fair presentation’ and to establish a framework for proportional remedies. These kinds of changes would make fairness and justice a part of the system, making sure that the law helps people instead of making their lives harder.

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