LIJDLR

Volume III Issue III

FROM JUGAAD TO JURISPRUDENCE RECOMMENDATIONS FOR FOSTERING AND PROTECTING GRASSROOTS INNOVATION

Volume III Issue III /

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

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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

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

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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

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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

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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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