Category: Volume 5 and Issue 1 of 2025

POLLUTER PAYS PRINCIPLE: AN EVOLVING PERSPECTIVE IN INDIA

AUTHOR – VAISHNAVI DESHPANDE, STUDENT AT SVKM’S NMIMS, INDORE

BEST CITATION – VAISHNAVI DESHPANDE, THE INTERWOVEN THREADS OF THE TELECOMMUNICATION BILL 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 176-186, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Polluter Pays Principle (PPP), a cornerstone of environmental policy, requires polluters to bear the costs of their environmental footprint. This article investigates the evolving use of PPP, particularly in India, following its evolution from international origins, such as the Trail Smelter arbitration and OECD recommendations, to its formalisation in the Rio Declaration. While PPP is widely recognised, implementation issues exist, particularly in assigning culpability and providing thorough cost coverage. Legislative initiatives such as the Water and Air Acts, as well as judicial activism, as seen in decisions such as M.C. Mehta v. Union of India, have shaped the implementation of PPPs in India. However, enforcement gaps, minimal sanctions, and limited corporate criminal responsibility make it ineffective. The article examines these issues, which include identifying polluters, insufficient incentives for smaller businesses, resource limits, and overexploitation of common pool resources. It also investigates success stories such as Sweden’s carbon price and Germany’s Energiewende, gleaning lessons for India. The essay emphasises the importance of greater enforcement, increased regulatory capacity, targeted financial support, and stronger international cooperation in realising PPP’s promise for promoting environmental sustainability and fair resource usage.

Keywords: Polluter Pay Principle (PPP), Judicial Activism, Environmental Policy, Enforcement Gaps, Sustainability

THE INTERWOVEN THREADS OF THE TELECOMMUNICATION BILL 2023

AUTHOR – K.BOWYADARSHINI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR.

BEST CITATION – K.BOWYADARSHINI, THE INTERWOVEN THREADS OF THE TELECOMMUNICATION BILL 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 171-175, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The Telecommunications Bill of 2023 is a watershed moment in the growth of telecommunications regulation, intending to update frameworks, expedite processes, and accommodate future technology. The bill’s goals include updating and unifying legislation governing the creation, expansion, and operation of telecommunications services and networks, as well as spectrum assignment, in order to stimulate innovation, competition, and investment in the industry. The bill’s contents were created after lengthy discussions and debates to achieve a balance between regulatory freedom and consumer protection, culminating in its adoption into law. The Telecommunications Bill has far-reaching repercussions for different stakeholders as well as the larger economy. The bill intends to boost investor confidence, lower bureaucratic barriers, and promote regulatory clarity, openness, and efficiency.

Furthermore, regulations pertaining to the management of spectrum are set to enhance the allocation process, address issues of scarcity, and facilitate the implementation of cutting-edge technologies. This will promote digital inclusion and spur economic growth. The approval of the Telecommunication Bill of 2023 reiterates a dedication to modernization, innovation, and inclusive development, creating a foundation for revolutionary changes in the telecommunications industry and beyond.

Key Words: Watershed, frameworks, expedite, Technology, spectrum, expansion, operation, Telecommunications, competition.

TRADE MARK DILUTION: PROTECTING THE DISTINCTIVENESS OF BRANDS IN GLOBAL MARKET

AUTHOR – K.BOWYADARSHINI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR.

BEST CITATION – K.BOWYADARSHINI, TRADE MARK DILUTION: PROTECTING THE DISTINCTIVENESS OF BRANDS IN GLOBAL MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 166-170, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

This study explores the topic of trademark dilution in relation to the Intellectual Property (IP) Act, highlighting the significance of safeguarding the uniqueness of well-known trademarks in international trade. Unlike infringement, trademark dilution happens when an iconic mark’s distinctiveness is undermined by unapproved usage, even without direct competition or consumer misunderstanding. The research focuses on two types of dilution: tarnishment, which damages a brand’s reputation by linking it to inappropriate or subpar items, and blurring, which weakens the identification of the mark with its goods or services. This article looks at the IP Act and associated laws, such as the EU Trademark Regulation and the Trademark Dilution Revision Act (TDRA) in the United States, to see how national and international legal frameworks handle the problem of dilution. Furthermore, the text delves into the function of global agreements such as the Madrid Protocol and the Paris Convention in providing a cross-jurisdictional safeguard for trademarks. The dilution issue is constant in the digital age, as cross-border trade is growing quickly, necessitating proactive legal and strategic actions from enterprises. This study emphasizes the significance of careful observation, strategic trademark registration, and enforcement efforts to prevent dilution by examining important legal provisions and case studies under the IP Act. The goal of the study is to shed light on how trademark owners, operating within the legal parameters set by the IP Act, can protect the authenticity, worth, and reputation of their brands in the context of an increasingly international market.

Keywords: Dilution, Infringement, Trademarks, Tranishment, Protocol, Digital, Cross – broader, Trade, Enterprises.

“NAVIGATING THE NEW ERA OF LABOUR SAFETY IN INDIA’S OSHWC CODE, 2020″

AUTHOR – AKSHATA THAKUR & GULISTA ANSARI, STUDENTS AT AMITY UNIVERSITY MUMBAI

BEST CITATION – AKSHATA THAKUR & GULISTA ANSARI, “NAVIGATING THE NEW ERA OF LABOUR SAFETY IN INDIA’S OSHWC CODE, 2020″, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 156-165, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The OSHWC Code, 2020 is an authoritative act regarding safety and health of the people at work places and workers shall. In other words, it aims at advancement of Indian safety and standards, policies, measures which relates to the health and working conditions at the workplace. This paper explores the code’s socio legal impact within the context of issues pertaining to gendered labour relations in the employer-employee lifestyle including stakeholder enforcements, ubiquitous domination, and indifference towards equitable distribution of the provisions restated within the context of imminent amalgamation of thirteen & other related factors.

The OSHWC, Code outlines general duties of employers outlined in section 11 of the code that includes meeting the obligations^[1] of health and safety management systems, work environment, and employment opportunities for women and other vulnerable workers.

The coded provisions of this law did revolutionary impact yet there remains imbalance between sidelined states’ understanding of the law and prevailing level of implementation resources available estimating whether it hinders its multidimensional effect.

Details associated with the study include codification^[2] history, interpretation and balance of both Sections Would be presented in Part II of the paper decoding the struggles faced by the community because of imbalance between India’s rapid transformation period and requirements from global organizations pertaining to Labour practices within the country.

Keywords: Geographical Disparities, Multidimensional Impact, OSHWC Code of 2020, Work environment demographics, Gendered Employment.

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[1] Ramesh Singh v. Larsen & Toubro (2023)

[2] https://dgfasli.gov.in/public/Admin/Cms/AllPdf/OSH_Gazette.pß

SAFEGUARDING THE FUTURE WORKFORCE: EFFECTIVE APPROACHES TO IMPROVE HEALTH AND SAFETY FOR YOUNG EMPLOYEES

AUTHOR – SNEHA JAT & KIRAN JAT, STUDENT AT AMITY UNIVERSITY MUMBAI

BEST CITATION – SNEHA JAT & KIRAN JAT, SAFEGUARDING THE FUTURE WORKFORCE: EFFECTIVE APPROACHES TO IMPROVE HEALTH AND SAFETY FOR YOUNG EMPLOYEES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 142-155, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper presents a systematic review and meta-analysis of the existing literature on the effective approaches to improve the health and safety for young employees. Through a review of literature, this paper recognizes key factors contributing to work place accidents among young employees.  It aims to evaluate work hazards; the young workers are frequently exposed to and the occupational safety and health (OSH) standard that protect young workers.

Young workers are a diverse group and are more susceptible to occupational injuries and diseases compared to adult workers. This is due to their ongoing physical, psychological, and emotional development, as well as their lack of education and job skills.; lack of experience and lack of workplace safety knowledge.

International Labour Organization (ILO) standards on OSH focuses to protect these young workers. The ILO constitution focuses on the right to safe and healthy work for all workers, including both young and adult workers. The labour laws establish essential principles that promote a safe, healthy and decent working environment. This focuses on integrating occupational safety and health (OSH) into general education and vocational training programs to create a safer and healthier generation of workers.

These protocols not only reduce the risk of workplace accidents but also foster a safe, productive and sustainable workforce. This paper contributes to occupational health and safety of young workers by providing actionable recommendations for employers, policymakers and training institutions

Keywords- OHS, Young Workers, Workplace Accidents, International Labour Organization (ILO) Standards, Vulnerable Employees, Safety Education and Training

BREAKING THE SILENCE: CRIMINALIZING MARITAL RAPE IN INDIA FOR GENDER EQUALITY AND JUSTICE

AUTHOR – BHARAT & HRISHABH, LLM SCHOLARS AT MAHARSHI DAYANAND UNIVERSITY

BEST CITATION – BHARAT & HRISHABH, SHOULD COMPANIES BE ALLOWED TO PATENT AI-GENERATED CONTENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 137-141, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape remains legal in India under Exception 2 to Section 375 IPC (now Section 63 of the Bharatiya Nyaya Sanhita, 2023), violating constitutional rights to equality, dignity, and personal autonomy. While most countries have criminalized it, India upholds outdated norms influenced by cultural and societal beliefs. This article examines the constitutional validity of the exception, its impact on women’s rights, and ongoing legal challenges, including the Supreme Court’s pending decision. Urging its repeal, the study emphasizes the need for legal reform to align India with global human rights standards and ensure justice for married women.

SHOULD COMPANIES BE ALLOWED TO PATENT AI-GENERATED CONTENT?

AUTHOR – MS RAKSHITA PANT, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS.

BEST CITATION – MS RAKSHITA PANT, SHOULD COMPANIES BE ALLOWED TO PATENT AI-GENERATED CONTENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 134-136, APIS – 3920 – 0001 & ISSN – 2583-2344.

“The advance of AI is as transformative as the Industrial Revolution, and with great change comes the responsibility to reshape our legal and ethical frameworks to align with this new reality.”

ABSTRACT

This research paper delves into the contentious issue of whether companies should be allowed to patent AI-generated content, presenting a compelling argument in favour of such rights. By analysing the legal, psychological, and economic dimensions of this debate, it is posited that permitting patents for AI-generated innovations would drive technological advancement, encourage investment, and remain consistent with established intellectual property principles. The paper further offers targeted recommendations to develop a robust legal framework capable of accommodating both human and AI contributions, thereby fostering sustainable progress in the realm of innovation.

Key Words – AI-Generated Content, Intellectual Property Rights, Patent Law, Innovation Policy.

BEYOND DECRIMINALIZATION: BRIDGING THE GAPS IN LGBTQ+ FAMILY LAW IN INDIA

AUTHOR – HARSHAVARDHAN SAYAJI NANGRE, STUDENT AT MAHARASHTRA NATIONAL LAW, MUMBAI

BEST CITATION – HARSHAVARDHAN SAYAJI NANGRE, BEYOND DECRIMINALIZATION: BRIDGING THE GAPS IN LGBTQ+ FAMILY LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 129-133, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article critically examines the systemic inadequacies in Indian family law that continue to marginalize LGBTQ+ individuals despite significant progress in LGBTQ+ rights, notably the decriminalization of homosexuality in Navtej Singh Johar v. Union of India (2018). Although decriminalization was a milestone, the Indian family law system remains deeply heteronormative and fails to legally recognize and protect LGBTQ+ families in marriage, adoption, inheritance, and surrogacy.

The article identifies the constitutional contradictions arising from excluding LGBTQ+ persons from marriage equality, adoption rights, and inheritance laws through a comparative jurisprudence analysis and landmark Indian cases. It claims that the failure to enact reforms is perpetuating inequality, societal prejudice, and legal uncertainty. It discusses the possible role global precedents from decisions such as Obergefell v. Hodges (U.S.) and X and Others v. Austria of the European Court of Human Rights could play as guidelines for legislative evolution in India. Lastly, the article underlines the imperative need of overall legislative reforms in the form of gender-neutral amendments to the Special Marriage Act, religious marriage laws, explicit recognition of LGBTQ+ adoption rights, and inheritance provisions. For this, it also advocates domestic partnership laws and expansion of surrogacy and assisted reproductive technologies to LGBTQ+ individuals and couples.

LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE

AUTHOR – PRANAV PAI, STUDENT AT JINDAL GLOBAL LAW SCHOOL

BEST CITATION – PRANAV PAI, LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 119-128, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

As guardian of the Constitution, the judiciary is one of the three organs of the State crucial for the stability and functioning of democracy in India. In protecting the fundamental tenets of the Indian Constitution over the past 50 years, the judiciary has utilised the Basic Structure Doctrine to ‘check’ the legislature’s law-making powers. While the principle of the Doctrine aligns with the broad approach of separation of powers followed in India, in practice, applying the Doctrine as a norm can compromise Parliamentary sovereignty and trigger an imbalance of power. Other problems like vagueness, subjectivity and inconsistent application also undermine its purpose and efficacy. The Doctrine must therefore be used with caution while keeping constitutional principles in mind.

While the Doctrine has emerged as a constitutional custodian, its application has often created complexities and power imbalances between the legislature and judiciary. A comprehensive analysis of the Doctrine using relevant case laws and scholarly articles reveals that it requires careful and considered application. Finally, though the Doctrine has transformed the legal landscape of India, a fine balance must be struck between judicial review and overreach, principle and practice, legislature and judiciary.

Keywords: Basic Structure Doctrine, Separation of Powers, Parliamentary Sovereignty, Amendments, Constitution, Judicial Review.

UNIFIED ELECTORAL FRAMEWORK: INDIA’S QUEST FOR SIMULTANEOUS POLLS

AUTHOR – Y.JECINTHA BENADICTA, LLM SCHOLAR AT THE CENTRAL LAW COLLEGE, SALEM

BEST CITATION – Y.JECINTHA BENADICTA, UNIFIED ELECTORAL FRAMEWORK: INDIA’S QUEST FOR SIMULTANEOUS POLLS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 113-118, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The proposal for simultaneous nationwide elections and the endorsement of the report submitted by a high-level committee headed by former President Ram Nath Kovind has given the idea of “One Nation, One Election” (ONOE) groundswell and has regained popularity in Indian political circles. Proponents of the approach argue that it could improve governance by reducing frequent disruptions due to electoral delays and allowing the government to focus on long-term policy implementation rather than short-term electoral strategies. Moreover, reducing the costs associated with holding multiple elections and streamlining the electoral process could promote a sense of stability and predictability in governance.^[1]

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[1] “‘Simultaneous Elections Were the Norm…’: Ram Nath Kovind Defends ‘One Nation, One Election,’” The Times of India, October 6, 2024, https://timesofindia.indiatimes.com/india/simultaneous-elections-were-the- norm-ram-nath-kovind-defends-one-nation-one-election/articleshow/113981126.cms.