LIJDLR

Volume III Issue IV

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

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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

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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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A COMPREHENSIVE STUDY OF THE SEBI ACT, 1992: REGULATORY FRAMEWORK, CHALLENGES, AND EMERGING REFORMS

Volume III Issue IV /

A COMPREHENSIVE STUDY OF THE SEBI ACT, 1992: REGULATORY FRAMEWORK, CHALLENGES, AND EMERGING REFORMS Radhika Kapoor, LLM Student at Amity Law School, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.179 The Securities and Exchange Board of India Act, 1992 represents a pivotal moment in the evolution of India’s capital market regulation. Enacted in response to organized market failures, insider trading scandals, and investor exploitation, the Act established SEBI as a statutory regulatory authority assigned with legislative, executive, and quasi-judicial force. Over the past three decades, SEBI has transformed the securities market by introducing reforms focused on transparency, investor protection, efficient market operations, and corporate governance. This research critically examines the legislative framework of the SEBI Act, its evolution through amendments, and SEBI’s expanding regulatory jurisdiction. The paper evaluates key mechanisms including the prohibition of fraudulent trade practices, disclosure norms, listing regulations, the takeover code, enforcement processes, and the position of adjudicating officers and Securities Appellate Tribunal. Through doctrinal analysis supported by case laws, the study assesses whether SEBI’s power adequately deals with contemporary challenges, including algorithmic trading, digital market manipulation, the rise of fintech platforms, ESG accountability, and global securities transactions. The research identifies existing gaps, such as regulatory overlapping with other authorities, limitations in authority and enforcement capabilities, and constraints posed by emerging technologies. Comparative insights from global regulatory bodies such as the SEC (United States) and FCA (United Kingdom) are used to evaluate the robustness of India’s regulatory system. Finally, the paper proposes reforms to strengthen the SEBI Act, enhance SEBI’s autonomy, modernize surveillance tools, and streamline investor grievance redressal. The study concludes that while the SEBI Act has significantly matured India’s securities regulation, dynamics and forward-looking reforms are essential to sustain market integrity in a rapidly evolving financial environment. 

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DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE

Volume III Issue IV /

DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE Sairee Ghosh, 5 YR B.A. LL.B. (Calcutta University), LL.M. (Pursuing) (Vidyasagar University) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.178 Waves of technical innovation in recent decades have greatly enhanced people’s quality of life. In the meantime, complaints about technological inequities have grown, including unequal economic distribution and racial discrimination. Experts have warned that emerging technology, such as Artificial Intelligence, might have disastrous consequences, predicting that it could spark World War III. Utilization of the internet has skyrocketed due to technological advancements, particularly after the COVID-19 pandemic, which compelled people to stay indoors. The epidemic has expedited the digital revolution. Due to restrictions on physical mobility worldwide during the pandemic, all major businesses, including education, migrated to the internet, paving the path for complete digitization. Recognizing the importance of the internet and advocating for universal access to it constitutes an urgent necessity. The courts have also highlighted the importance of the internet during the pandemic, and they have begun hearings via video conference, paving the path for the establishment of a new category of fundamental rights in the form of the right to access the internet. The legislature must recognize the importance of the internet and fulfill its obligations as a democratic government to reduce the digital gap and ensure that internet access is not restricted arbitrarily, since it is a fundamental human right. This article proposes an idea regarding a new basic Right to Technology that should be included in the Indian Constitution. Considering the vital relevance of technology to human dignity and equality, a new Constitutional Right seeks to encourage equitable sharing of technical advantages while also preventing harmful technological uses. The article begins with a discussion of the Fundamental Rights outlined in the Constitution. It then addresses the Impact of Technology on Fundamental Rights. This article discusses challenges that individuals deal with in India. It also investigates solutions for protecting the Right to Technology.

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FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS

Volume III Issue IV /

FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS Nitesh Kumar, Prof. at Vijaybhoomi University (School of Law), (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.177 Net-zero pledges have become the most important part of modern climate policy. This is because countries and businesses have agreed to cut or balance their greenhouse gas emissions by the middle of the century to meet the Paris Agreement’s temperature objectives. But the lack of instruments that can be used to enforce the rules has created a big gap in accountability between goals and actions. In response, climate litigation has developed worldwide as an effective means of transforming political climate promises into binding legal obligations. This report examines the evolution of climate litigation in enforcing net-zero commitments via local courts, regional tribunals, and international human rights institutions. It looks at important cases like “Urgenda Foundation v. State of the Netherlands,” “Milieudefensie v. Royal Dutch Shell,” “Juliana v. United States,” and “Neubauer v. Germany” to show how ideas like human rights, fairness between generations, and tort-based responsibility are now the basis for judicial efforts to force stronger action on climate change. The research further examines the matters of standing, causation, scientific ambiguity, and compliance, alongside emerging trends such as corporate fiduciary lawsuits, global enforcement, and the increasing importance of climate attribution science. In the end, it says that climate lawsuits are both a way to fix problems and a way to get things done in global climate governance. They move net-zero promises from wishful thinking into legal, scientific, and moral obligations.

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