LIJDLR

Volume III Issue IV

RECONCILING TRADE AND SDG 14: STRIKING A BALANCE BETWEEN TRADE COMMITMENTS AND THE WTO FISHERIES SUBSIDIES AGREEMENT

Volume III Issue IV /

RECONCILING TRADE AND SDG 14: STRIKING A BALANCE BETWEEN TRADE COMMITMENTS AND THE WTO FISHERIES SUBSIDIES AGREEMENT Saptashwa Banerjee, BBA.LLB, 2nd Year, Semester 4, Student at Symbiosis Law School, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.220 The members of the World Trade Organisation (WTO) came to a historic agreement on fisheries subsidies during the 12th Ministerial Conference in June 2022. The purpose of this agreement is to make a contribution to the Sustainable Development Goals that have been established by the United Nations Security Council. The required background information for the Agreement is provided in this article, which also offers a brief history of the talks between the parties. With the help of this study, we want to get a deeper understanding of how the World Trade Organisation Agreement on Fisheries Subsidies should be interpreted and how it should be implemented in the future. In this paper, the legislative process of the WTO Agreement on Fisheries Subsidies is reviewed, five main controversial issues are analysed, and the conflicts of interests of different countries during the discussion are explored. The status quo of international and regional fishery governance legal systems and management regimes in the regulation of IUU fishing is used as the basis for this study. Increasing collaboration between coastal states, flag states, port states, and relevant RFMOs is something that states should do in the future in order to encourage the transformation of the fisheries industry. This may be accomplished by removing damaging subsidies for illegal, unreported, and unregulated fishing. In the conclusion, the remaining challenges that have not yet been resolved by the World Trade Organisation are underlined.

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AN ANALYSIS ON THE EFFECTIVENESS OF THE POLLUTER PAYS PRINCIPLE IN PROMOTING SUSTAINABLE DEVELOPMENT

Volume III Issue IV /

AN ANALYSIS ON THE EFFECTIVENESS OF THE POLLUTER PAYS PRINCIPLE IN PROMOTING SUSTAINABLE DEVELOPMENT S. Keerthana, B.COM LLB (hons) 4th year at Tamil Nadu Dr Ambedkar Law University, SOEL (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.219 The Polluter Pays Principle has become one of the important elements in both domestic and International Environmental Governance. The Polluter Pays Principle was first referred to by the members of the Organisation for Economic Co-operation and Development (OECD), which defines the Polluter Pays Principle as ‘allocating costs of pollution prevention and control measures’ in 1972, and it was also referred to in principle 16 of the Rio Declaration of 1992. Even though it was not explicitly mentioned in any legislation relating to Environmental law in India, they have been constantly recognised by the Indian Supreme Court, and one such landmark case is the Indian Council for Enviro-legal  Action v Union of India  In this case, it has been held that the Polluter Pays principle establishes absolute liability of the Polluter not only to compensate the victim but also to bear the cost of restoration of environmental damages caused by him. So basically, the Polluter Pays Principle means that if any person causes pollution to the Environment, they are liable to pay damages and restore the environment. This paper examines the effectiveness of the Polluter Pays Principle in promoting sustainable development among individuals, corporations and the Government, and further assesses how the polluter pays principle acts as a regulatory tool in controlling environmental degradation and maintaining ecological balance through international instruments. This paper proposes that strong polluter liability, transparency in holding polluters liable for pollution, global cooperation, and industrial policy to regulate industries will help achieve sustainable development. 

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ROLE OF INDIAN JUDICIARY IN ELECTORAL REFORMS: THE PENDING CHAPTER IN THE HISTORY OF INDIA

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ROLE OF INDIAN JUDICIARY IN ELECTORAL REFORMS: THE PENDING CHAPTER IN THE HISTORY OF INDIA Dr. Bhavana Dhoundiyal, LLM (IPR), IILM University, Greater Noida (India) Ms. Babita Rawat, LLM (IPR), IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.218 A robust democracy requires more than just regular elections; it must be fair, transparent, and institutionally credible. Money power, politicizing crime and finance are among the issues plaguing India’s election system. While there are constitutional provisions to ensure Parliament and Election Commission of India (ECI) to ensure free and fair elections, political inaction has left loopholes. Consequently, the Supreme Court has played the role of a guardian of electoral integrity through its landmark decisions like ADR, PUCL and Lily Thomas, enhancing transparency and accountability. The recent striking down of the Electoral Bonds Scheme gave another financial openness ahead. Despite the worries about judicial overreach, the proactive role of the judiciary has ensured the sanctity of democracy. This paper argues that lasting reform necessitates joint efforts of the synergy of Parliament, ECI and the judiciary towards securing and protecting the electoral process as the lifeline of Indian democracy.

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PORN IN POCKET: “RAPE ON ROAD” A CRITICAL ANALYSIS OF THE RELATION AMONG MOBILE PHONES, PORNOGRAPHY, AND RAPE

Volume III Issue IV /

PORN IN POCKET: “RAPE ON ROAD” A CRITICAL ANALYSIS OF THE RELATION AMONG MOBILE PHONES, PORNOGRAPHY, AND RAPE Vijay Jangra, M.A. (English), B.Ed., LL.B., PGDCBM, Independent Researcher Download Manuscript doi.org/10.70183/lijdlr.2025.v03.217 This study aims to help readers understand the relationship among mobile phones, pornography, and rape with special reference to India. It seeks to analyze the social conditions in which we are living and the manner in which mobile phones are misused, sometimes leading individuals towards criminal behavior. India is not only the second most populous country in the world but also has one of the largest populations of mobile and internet users. The internet has contracted the world into a small village, and people increasingly depend upon it for a wide range of activities. Earlier, internet access was largely limited to computers, which were not easily approachable for everyone. Mobile phones have not only brought the internet into every pocket but have also made pornographic content easily accessible. A large number of teenagers in India who use mobile phones have been exposed to pornographic material. Ethically and morally, watching pornography is often considered unacceptable, but an important question arises as to whether it is legal in India. Another crucial question is whether watching pornography contributes to an increase in rape cases. These issues came into sharp focus after the Nirbhya rape case in Delhi, which generated widespread public outrage and compelled the government to amend rape laws, resulting in the Criminal Law Amendment Act, 2013. Despite such legal reforms, the number of rape cases has not declined significantly, and reports of sexual violence continue to appear almost daily in newspapers. Various reasons have been suggested by politicians and social commentators for such crimes, including westernization, short skirts, dating culture, and films. However, these explanations appear superficial. What is required is a fundamental change in social mentality towards women, recognizing them as equal human beings with the same dignity and status as men. This paper concludes by examining the relationship among mobile phones, pornography, and rape in an impartial manner and by suggesting possible solutions to the problem.

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VICTIMS OF ALGORITHMIC HARM IN INDIA’S WELFARE SYSTEM: ARTICLES 14 & 21 REMEDIES

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VICTIMS OF ALGORITHMIC HARM IN INDIA’S WELFARE SYSTEM: ARTICLES 14 & 21 REMEDIES Wasif Rahman Khan, Research Scholar, Chanakya National Law University, Patna, Bihar, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.216 India’s welfare delivery increasingly relies on digital and automated systems for identification, eligibility verification, record linkage, and benefit disbursal. While these tools promise efficiency, they can also cause wrongful exclusions at scale due to data mismatches, opaque backend processing, and automated classifications treated as final. This paper conceptualizes those affected as victims of algorithmic harm in the welfare state and argues that constitutional enforcement under Articles 14 and 21 can supply an effective remedy framework even in the absence of a dedicated AI statute. Article 14’s anti-arbitrariness and equality principles support enforceable duties of intelligible reasons, reviewability, and non-discriminatory impact in automated welfare administration. Article 21’s dignity-linked procedural fairness requires notice, meaningful opportunity to contest, and time-bound access to correction and redress because welfare exclusion can threaten subsistence and health. The paper proposes a constitutional minimum for high-impact welfare automation: notice of automated action, intelligible reasons, access to relevant personal data used, practical correction pathways, meaningful human review with override power, and interim relief pending review. It then outlines judicial and policy remedies: speaking-order requirements, disclosure directions, auditability and record-keeping standards, independent impact assessments, procurement controls to prevent black-box outsourcing, and specialized grievance mechanisms. Data connectivity and proprietary obstacles can impede transparency and successful redress, as demonstrated by a case study of Telangana’s Samagra Vedika “entity resolution” system. In order to increase delivery through automation without turning poverty into a compliance failure or welfare rights become unquestionable database outputs, the article ends with a Victim Remedy Framework specifically designed for welfare situations.

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PROTECTING DIGNITY IN CYBERSPACE: A CRITICAL ANALYSIS OF JUDICIAL RESPONSES TO DIGITAL SEXUAL EXPLOITATION IN INDIA

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PROTECTING DIGNITY IN CYBERSPACE: A CRITICAL ANALYSIS OF JUDICIAL RESPONSES TO DIGITAL SEXUAL EXPLOITATION IN INDIA Ankit Yadav, Ph.D. (Law) – Research Scholar, University School of Law & Legal Studies (USLLS), Guru Gobind Singh Indraprastha University (GGSIPU), Delhi (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.215 The advent of digital technologies has transformed communication and access to information, but it has also given rise to a disturbing increase in cyber-enabled crimes, disproportionately affecting women and children. Online sexual harassment, cyberbullying, image morphing, and the circulation of child sexual exploitative and abuse material (CSEAM) are becoming alarmingly widespread, often slipping through the cracks of traditional legal mechanisms. In response to these emerging harms, the Indian judiciary has assumed a crucial role in safeguarding constitutional values, particularly dignity, privacy, and personal security, within the digital sphere. This paper critically examines judicial responses in India to the growing threat of digital sexual exploitation, with particular reference to significant judicial interventions and landmark decisions, including Shreya Singhal v. Union of India, In Re: Prajwala Letter and Just Right for Children Alliance v. S. Harish, among others. These decisions collectively reflect the evolving approach of the judiciary towards enhancing platform accountability, compelling state action, and strengthening protections against online sexual abuse, especially in relation to the criminalisation, circulation, and consumption of CSEAM. Through judicial directions on content regulation, technological safeguards, and preventive mechanisms, courts have contributed to shaping a responsive legal framework aimed at victim protection and digital safety. Drawing on a doctrinal analysis of Articles 21 and 19(2) of the Indian Constitution, this study explores how the judiciary has sought to balance freedom of speech with the pressing necessity of curbing online sexual offences, particularly those involving CSEAM. It further evaluates the broader implications of judicial interventions on regulatory and institutional frameworks, positioning the Indian judiciary as a pivotal force in fostering a safer, dignity-centered, and constitutionally compliant digital environment for women and children in India.

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ARTIFICIAL INTELLIGENCE: AN EFFECTIVE WAY TO STREAMLINE LITIGATIONS IN INDIA

Volume III Issue IV /

ARTIFICIAL INTELLIGENCE: AN EFFECTIVE WAY TO STREAMLINE LITIGATIONS IN INDIA Balaji N, PhD Scholar, Reva University, Bangalore (India) Dr. Nagaraja V, Professor, Reva University, Bangalore (India) Dr. Praneetha B S, Principal, Seshadripuram Law College, Bangalore (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.214 Artificial Intelligence has become key tool in today’s technologically driven world. It may be science, technology, space, medicine, commerce or accounts AI has become indispensible. This technology has indeed reduced burden on many sectors and also streamlined the procedure and helps in uniform documentation. The Courts in India have been facing the challenge with respect to over- loading of cases, burden on the Judges, under-staff and mainly documentation. Hence technology especially the AI as a tool can be a boon in reduction of these issues. The paper identifies the gaps in the procedure of the Court and tries to find ways to remove the gap by use of artificial Intelligence. The paper highlights why delays are caused and how the technology can support in easy functioning by reducing the burden on the stakeholders. The paper also analyses the laws relating to AI and its lacuna if any because in all over the world, the cases in the courts against the AI is increasing day by day, especially in the United States, Europe and now even in India. Increase in the cases in the courts also increases the concerns for the privacy of the individuals.

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GENDER IDENTITY IN THE METAVERSE: LEGAL GAPS AND SOCIETAL BARRIERS IN VIRTUAL SPACES

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GENDER IDENTITY IN THE METAVERSE: LEGAL GAPS AND SOCIETAL BARRIERS IN VIRTUAL SPACES Annie Sharon Lloyd, 4th Year BBA LLB student at Kristu Jayanti College of Law(India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.213 This article is a product of the intersection of digital sociology, law, ethics, and gender studies and discusses gender identity in the metaverse with a focus on the current legal loopholes and social obstacles that disproportionately impact non-cisgender people. First, we explain how interaction and avatar technology builds identity expression on platforms such as ZEPETO and VRChat. Research indicates that sophisticated avatar customization and applications such as voice changers enable users to navigate and validate their gender identities offline. However, most mainstream virtual environments limit gender choices, constrain subtle expression, and expose the users, especially women and gender-diverse people, to virtual harms such as misgendering, harassment, and virtual sexual assault. These harms, although digital, often have real psychological effects, but fall into grey zones of jurisdiction and enforcement. Second, we evaluate shortcomings of existing legal and regulatory structures, from tort law and data protection laws to intellectual property norms and their insufficiency in tackling the specific varieties of harm in virtual environments. The findings reveal grave inconsistencies in the application of privacy, consent, and responsibility in immersive environments. Most users complain that they have few remedies through ineffective internal complaint mechanisms or the unavailability of a court remedy. In light of these insights, the research proposes certain legal reforms and international policy coordination, as well as platform inclusive design guidelines, including varying gender options for avatars, voice and identity-sensitive options, safety-by-design mediated tools, and public education. These efforts seek to ultimately develop digital realms that recognize gender identity as a class protected by the law and foster and advance equality and safety across the metaverse. 

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BEYOND WESTERN PARADIGMS: THE KAUTILYAN TEMPLATE FOR CONTEMPORARY INDIAN STRATEGIC STATECRAFT

Volume III Issue IV /

BEYOND WESTERN PARADIGMS: THE KAUTILYAN TEMPLATE FOR CONTEMPORARY INDIAN STRATEGIC STATECRAFT Siddaroodh Gururaj Ravi, BBA LLB, 1st year student at Symbiosis Law School (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.212 This study fills a critical gap in International Relations (IR) scholarship by empirically testing an ancient, indigenous strategic framework derived from Kautilya’s Arthashastra, specifically the Four Upayas (Sama, Dama, Danda, Bheda). Moving beyond normative appeals for the inclusion of non-Western theories, the research rigorously operationalizes these classical strategies as observable, testable variables to provide a systematic explanation of India’s diplomatic choices. Using a structured, focused comparative case study methodology, the paper examines India’s foreign policy behavior towards two archetypal relational contexts: Bhutan (the Mitra or ally) and Pakistan (the Ari or enemy). It explicitly tests whether the Kautilyan framework offers superior explanatory and predictive power relative to Neoclassical Realism (NCR), a leading Western theory that integrates systemic and domestic variables. Findings underscore the continued relevance and distinctiveness of Kautilyan statecraft, revealing a relational and sequential logic that shapes India’s strategic toolkit, which is often obscured in dominant Western models. The paper contributes significantly to IR theory, strategic cultural studies, and practical foreign policy analysis by advocating greater methodological rigor in employing indigenous frameworks for understanding complex contemporary geopolitics.

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FROM INDEPENDENCE TO ACCOUNTABILITY: REFORMING JUDICIAL APPOINTMENTS

Volume III Issue IV /

FROM INDEPENDENCE TO ACCOUNTABILITY: REFORMING JUDICIAL APPOINTMENTS Mayur Mahajan, B.B.A. LL.B.(H) 2nd Year, Jaipur National University, Jaipur (India) Labdhi Tervecha, B.B.A. LL.B.(H) 2nd Year, Jaipur National University, Jaipur (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.211 Judicial appointments represent a vital democratic mechanism, balancing judicial independence with public duty and transparency. This paper examines appointment systems throughout a couple of jurisdictions, reading how democracies navigate tensions among protective judicial impartiality and making sure democratic legitimacy in selection methods. Through comparative constitutional analysis of govt appointments, legislative confirmations, judicial carrier commissions, and hybrid fashions, this study identifies key demanding situations: political interference, inadequate range, opaque selection criteria, and declining public believe in judicial institutions. examining reforms in India, the UK, South Africa, Canada, and America, the have a look at evaluates high-quality practices in advantage-primarily based choice, time period limits as opposed to lifestyles tenure, and citizen participation mechanisms. The studies argue in opposition to the fake dichotomy of independence as opposed to accountability, featuring instead an included framework wherein both ideas support each different. This evaluative model emphasizes transparency, inclusiveness, merit evaluation, and institutional safeguards in opposition to political manipulation and judicial insularity. The observe contributes empirical evidence and normative arguments for reimagining appointment approaches that preserve judicial legitimacy amid cutting-edge democratic challenges.

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