LIJDLR

Volume III Issue IV

A REVIEW ON JUDICIAL AND LEGAL ASPECTS OF UNIFORM CIVIL CODE

Volume III Issue IV /

A REVIEW ON JUDICIAL AND LEGAL ASPECTS OF UNIFORM CIVIL CODE Nandini Joshi, PHD Scholar, Maharaj Vinayak Global University Jaipur (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.188 Policy Directives are delineated in Part IV of the Constitution of India. Although these principles lack legal enforceability, they are vital for the governance of the country. Article 44 of the Constitution mandates the state to implement a Uniform Civil Code as a guiding principle. The Supreme Court has issued several orders for its execution; nonetheless, the highly political environment of our nation has rendered it seemingly unattainable. Diverse religious communities in our nation are governed by various personal laws, as there is no singular legislation regulating personal matters such as marriage, divorce, and adoption. These laws legitimate gender discrimination in all its forms, deriving their authority from religious texts and practices, often exhibiting a bias favoring males over females. This article suggests delineating “essential religious practices” from “secular activities” as a means to reconcile the conflicting rights of religious freedom and equality. It is unequivocally evident that a Uniform Civil Code is urgently required. Nonetheless, it should be executed incrementally once the people, especially minorities, are educated about their stipulations and their entitlements.

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STRIKING A BALANCE BETWEEN INNOVATION AND ACCESS: AN ANALYSIS OF THE FAIR DEALING PROVISIONS UNDER INDIAN COPYRIGHT LAW

Volume III Issue IV /

STRIKING A BALANCE BETWEEN INNOVATION AND ACCESS: AN ANALYSIS OF THE FAIR DEALING PROVISIONS UNDER INDIAN COPYRIGHT LAW Sohini Seal, BBA-LLB(H) 5th Year Student at Techno India University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.187 Fair dealing operates as a statutory limitation on the exclusive rights of copyright holders, seeking to reconcile the protection of creative expression with the public’s right to access knowledge. In India, this balance is embodied in Section 52 of the Copyright Act, 1957, which adopts a closed-list approach by enumerating specific permissible purposes such as private use, research, education, criticism, review, and reporting of current events. Unlike the open-ended fair use doctrine in the United States, India’s framework affords limited judicial discretion, thereby prioritising legal certainty over flexibility. This paper analyses the scope and evolution of India’s fair dealing provisions through doctrinal and comparative perspectives, with particular emphasis on judicial interpretation in the context of education, research, and free expression. Landmark decisions, including The Chancellor, Masters & Scholars of the University of Oxford v. Rameshwari Photocopy Services, underscore the judiciary’s recognition of access to education as a paramount public interest in a developing economy. While Indian courts do not formally apply a multi-factor test akin to U.S. fair use, they have increasingly considered purpose, proportionality, and market impact to ensure that fair dealing does not undermine the legitimate interests of copyright holders. By situating India’s fair dealing regime within global copyright discourse, this paper argues that although the Indian approach remains narrower than that of the United States and less flexible than models adopted in jurisdictions such as the United Kingdom and Canada, it reflects a context-sensitive legal framework. The study concludes that judicially guided evolution, rather than wholesale statutory reform, has enabled Indian fair dealing to balance innovation with access while responding cautiously to emerging digital and educational challenges.

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A CRITICAL ANALYSIS OF JOINDER OF NON-SIGNATORIES IN INTERNATIONAL ARBITRATION

Volume III Issue IV /

A CRITICAL ANALYSIS OF JOINDER OF NON-SIGNATORIES IN INTERNATIONAL ARBITRATION Apeksha Devaraju, Advocate at Cads Legal, Bengaluru (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.186 Arbitration has always been viewed as a preferable method of dispute resolution in cross-border trade, due to its effectiveness, privacy and enforceability. Yet, one issue that persists in arbitration law is the treatment of parties who are directly involved in the ‐underlying transaction, even if they are not signatories to the arbitration agreement. This paper is driven by the important question of whether it is legally legitimate and practically useful to permit such non-signatories to join in the arbitral process. What ultimately occupies the heart of this dissertation is the “Group of Companies” doctrine – itself a big debate in arbitration law. It is a seemingly flexible way to bind non-signatory affiliates in the right circumstances; however, its application is not consistently recognized throughout every jurisdiction. Most recently, Indian courts, particularly in Cox and Kings Ltd. v. SAP India Pvt. Ltd, adopted the “Group of Companies” doctrine opening up the door for a more adaptable and realistic framework to apply in arbitration. But with the significant caveat of the continued questions regarding the “Group of Companies” doctrine’s declaratory element and its enforceability with consideration to international conventions. This article aims to provide a comprehensive and comparative analysis of the joinder of non-signatories in international arbitration, with a particular focus on the Indian legal landscape.

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ALGORITHMIC IMPACT ASSESSMENT (AIA) AND THE FUTURE OF AI REGULATION IN BANGLADESH: CHALLENGES, GLOBAL MODELS, AND LEGAL REFORMS

Volume III Issue IV /

ALGORITHMIC IMPACT ASSESSMENT (AIA) AND THE FUTURE OF AI REGULATION IN BANGLADESH: CHALLENGES, GLOBAL MODELS, AND LEGAL REFORMS Nabiur Rahman zisan, Green university of Bangladesh, department of law 3rd year Student, (Bangladesh) Mobashir Akbar Khan, Student Department of Law Green University 3rd years ongoing, (Bangladesh) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.185 The application of artificial intelligence (AI) has revolutionised the healthcare sector, finances, and even the police, yet it also leads to numerous risks, including discrimination, breach of privacy, and biased judgment. Algorithmic Impact Assessment (AIA) is one of the tools that is used to manage these risks. AIA is an approach that contributes to assessing and reducing the possible damages of AI systems in advance and after their activation as well. This research paper delves into the issue of AIA in the regulatory setup of Bangladesh. Bangladesh, similarly, to other nations, has experienced more of the usage of AI, but it does not have a formal framework through which the technologies may be controlled. The paper will use global models of regulation over AI, as exemplified by the European Union (EU), the United Kingdom (UK), and Canada, to suggest a framework that could be used to implement AIA in Bangladesh. The study reveals that embracing AIA in Bangladesh has the potential to minimise the risks that AI has on the rights of citizens and encourages equity in decision-making. The paper has a conclusion where it suggests that it is necessary to establish a National AI Regulatory Authority, create a standardised AIA framework, and establish public-private collaboration to ensure ethical development of AI in Bangladesh.

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MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS

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MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS Sholanki Bhowmik, Assistant Professor of Law, Saroj International University, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.184 This study explores the growing phenomenon of media trials in India and its complex relationship with the justice system. Although the media is often celebrated as the “fourth pillar of democracy,” its conduct in high-profile criminal cases has raised difficult questions about fairness, ethics, and the limits of press freedom. Over the years, news reporting has moved beyond its traditional role of informing the public and has, at times, taken the shape of parallel investigations that frame narratives long before courts begin their work. This paper critically examines how such premature conclusions and sensational coverage can influence public opinion, affect the rights of the accused, and indirectly place pressure on judges, lawyers, and investigators. Drawing on doctrinal research, case laws, and statutory developments, the study traces the evolution of Indian media regulations and discusses the tension between the freedom of speech under Article 19(1)(a) and the fundamental right to a fair trial. It also evaluates the impact of media trials on privacy, the presumption of innocence, and the administration of justice through an analysis of landmark cases such as the Jessica Lall trial, the Nirbhaya case, the Aarushi Talwar case, and recent incidents like the Aryan Khan and RG Kar matters. The paper concludes that while media trials can promote accountability and social awareness, unchecked sensationalism poses serious risks to judicial independence. It argues for stronger regulatory mechanisms, ethical guidelines, and public awareness to ensure that media freedom and fair trial rights coexist without undermining each other.

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GAUTAM NAVLAKHA VS. NATIONAL INVESTIGATION AGENCY, CRIMINAL APPEAL NO. 510 OF 2021

Volume III Issue IV /

GAUTAM NAVLAKHA VS. NATIONAL INVESTIGATION AGENCY, CRIMINAL APPEAL NO. 510 OF 2021 Tharun R, Advocate (Criminal Law Practitioner) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.183 A prominent case that has drawn a lot of attention and stirred a lot of controversy in India is Gautam Navlakha v. NIA. It centres on the National Investigation Agency’s (NIA) detention of journalist and human rights activist Gautam Navlakha on suspicion of taking part in the Bhima Koregaon violence case. Questions about human rights, free expression, and the ability of the state to muzzle dissident voices have all been raised by this case. Concerns have also been expressed concerning the growing practise of designating activists as “urban naxals” and putting them at risk of prosecution under harsh laws like the Unlawful Activities (Prevention) Act (UAPA). The matter made it to the Supreme Court, which had to determine whether the petitioner’s 34 days of house arrest could be added to the 90 days needed to request default bail under Section 167 of the Code of Criminal Procedure (CrPC). The ruling established multiple precedents, including a new level of police and court custody, and offered instructions for making Section 167 home arrest orders.

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PERSONAL LAWS VS. CONSTITUTIONAL RIGHTS: THE ROLE OF JUDICIAL PROCESS IN ADVANCING GENDER JUSTICE

Volume III Issue IV /

PERSONAL LAWS VS. CONSTITUTIONAL RIGHTS: THE ROLE OF JUDICIAL PROCESS IN ADVANCING GENDER JUSTICE Dhriti Kochhar, LL.M. (Criminology), IILM University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.182 Indian courts face a difficult challenge: how to balance religious personal laws with the Constitution’s promise of equality and justice for all citizens. This conflict is most visible in women’s rights cases, where religious traditions often deny women equal treatment. Important cases like Mohd. Ahmed Khan v. Shah Bano Begum (1985), Danial Latifi v. Union of India (2001), Shayara Bano v. Union of India (2017), and ongoing cases like Sameena Begum v. Union of India on polygamy and nikah halala show how courts are trying to protect women’s rights while respecting religious freedom. This research uses three methods. First, it studies laws and court judgments to see how judges have dealt with this problem. Second, it compares India with other countries like Islamic nations and the United Kingdom to learn how they handle similar issues. Third, it analyzes whether court decisions actually help women or go beyond what courts should do. The research also looks at the Kesavananda Bharati v. State of Kerala (1973) case, which says courts must protect the Constitution’s basic principles. The paper argues that while court decisions have pushed for social change and helped women, real progress needs three things working together: courts protecting rights, Parliament making new laws, and society accepting these changes.

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ENVIRONMENTAL ACTIVISM AND PILS IN INDIA

Volume III Issue IV /

ENVIRONMENTAL ACTIVISM AND PILS IN INDIA T. JEBA VASANTH, BA.LLB(HONS) Student Download Manuscript doi.org/10.70183/lijdlr.2025.v03.181 In India’s ecological defines landscape, Public Interest Litigation (PIL) has become a game-changing legal tool that has radically changed the way environmental justice is sought and attained. PIL has enabled individuals, groups, and environmental activists to directly petition the court on behalf of public issues since the 1980s, eschewing the conventional legal standing criteria that hitherto impeded environmental campaigning. Through historic cases like Vellore Citizens Welfare Forum v. Union of India, T.N. Goda Varman Thirumulpad v. Union of India, and M.C. Mehta v. Union of India (Ganga Pollution Case), the Indian judiciary especially the Supreme Court and High Courts has used PIL to broaden environmental jurisprudence. These rulings interpreted Article 21 of the Constitution to include the basic right to a clean and healthy environment, and they developed important environmental doctrines such as the Polluter Pays Principle, Precautionary Principle, and Public Trust Doctrine. Courts may now issue comprehensive directives for pollution control, forest conservation, and sustainable development because to PIL’s facilitation of judicial activism in environmental protection. The system, which frequently fills in where the legislative and executive institutions have failed, has proven crucial in resolving issues such as industrial pollution, deforestation, mining infractions, and wildlife preservation. But there are issues with environmental PIL, including as a lack of enforcement, the possibility of abuse, and the need to strike a balance between ecological preservation and growth. Notwithstanding these drawbacks, PIL continues to be a vital component of environmental governance in India, offering easily accessible justice for rights to the environment and encouraging responsibility from government officials and polluting corporations.

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THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN PROMOTING GREEN TECHNOLOGIES

Volume III Issue IV /

THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN PROMOTING GREEN TECHNOLOGIES M. David Ziegan Paul, BA.,LLB., (Hons) Student at Bharath Institute of Law, Chennai, Tamil Nadu (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.180 Climate change has emerged as one of the most pressing global challenges, requiring immediate and innovative solutions. In this context, green technologies those designed to reduce environmental harm and promote sustainability play a crucial role. The protection and promotion of these technologies largely depend on the legal framework of Intellectual Property Rights (IPR). IPR not only safeguards the interests of inventors but also encourages innovation by granting exclusive rights, thereby stimulating research and development in eco-friendly technologies. This paper examines the vital relationship between IPR and environmental sustainability from a legal perspective. It explores how patents, copyrights, and technology licensing contribute to the development and diffusion of green technologies. The study further analyzes how international agreements such as the TRIPS Agreement and the Paris Agreement influence technology transfer between developed and developing nations. While IPR serves as a key incentive for innovation, it also creates barriers when excessive patent control limits access to affordable sustainable solutions. Through critical legal analysis, the paper highlights the need for a balanced approach, one that protects innovators while ensuring that environmentally beneficial technologies are mainly accessible for global use. The discussion also covers India’s efforts in aligning its patent laws and environmental policies with sustainable development goals. Finally, the paper suggests legal reforms and collaborative mechanisms that can promote equitable access to green innovations, ensuring that intellectual property serves as a tool for both innovation and environmental justice.

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