Panjab University Law Review is a half yearly publication of the Department of Laws, Panjab University, Chandigarh since 1951 having circulation in India and abroad. It is a refereed and a peer reviewed journal. This Journal publishes research papers/articles/book reviews/case comments etc., which are duly assessed and reviewed by a panel of experts and is exclusively devoted to the publication of original research papers/articles/reviews/Case Comments of a very high standard. Besides Law, this journal also invites original articles from different fields of Social Sciences like Commerce, Economics, Political Science, Sociology etc. The vision of this academic journal is to provide a platform to academicians, professionals and students to express their views in a manner which would be conducive to educating readers about various dimensions of the law as it stands and the law as it should be. Throughout the years, the editorial boards have attempted to maintain the threshold quality while ensuring that the frequency of issues is consistent. The Panjab University Law Review also seeks to sustain and support legal excellence through its continued standards of publication. It is worth mentioning that the Department of Laws, Panjab University have seen a steady increase in readership, article submissions, and citations to our published articles. Our reputation and visibility in the academic community continues to broaden, and our editorial board constantly reassesses and revises the editorial process to ensure the most efficient and satisfying experience for both the authors and our worthy readers. It is due to the support of our advisory board, the hard work of our editorial board, and the interest of our readers that we are able to come up with this new issue, and we hope that this tripartite support continues in the future. On a final Note, as always, we would like to thank our steadfast Advisory Board as their guidance and support made our journal possible, and we are deeply indebted to them for the time and effort that they put into our journal. Last but not the Least, we give our special thanks to the immense contribution of the Editorial Board who have worked with full dedication and always strives to improve the Panjab University Law Review, thereby continuing its tradition of academic excellence.
CONSTITUTIONAL LIMITS ON ORDINANCE-MAKING: RE-PROMULGATION AND EXECUTIVE OVERREACH IN INDIA
India has a parliamentary democracy, where the main job of making laws is given to Parliament and to the State Legislatures. But the Union Government and the State Governments are also given the power to issue something called an ordinance when the legislature is not in session, so that they can act in a real emergency (Articles 123 and 213). This paper looks at the constitutional rules on ordinance-making, how the courts have reacted over time, and the recent developments in this area. When the Constitution was being drafted, the idea was simply to fill the gap when Parliament was not sitting. But looking at the case law over the years, this power is increasingly being used by the executive to claim more authority for itself. Using a doctrinal method, this paper studies how the idea of executive necessity and legislative supremacy has developed, using Supreme Court judgments and recent developments from 2025 to 2026, such as the “Supreme Court (Number of Judges) Amendment Ordinance, 2026”. The main argument of this paper is that re-promulgating ordinances again and again, without any checks, amounts to a fraud on the Constitution. This is against the basic structure idea of separation of powers. The paper concludes that the ordinance-making power does serve a constitutional purpose, but that using it again and again is an unconstitutional encroachment on the powers of the legislature. Finally, the paper suggests some institutional safeguards to bring back the primacy of the legislature and protect India's constitutional democracy. KEYWORDS: Executive Overreach, Judicial Review, Ordinance, Re-promulgation, Separation of Powers.
Copyright (c) 2026 Panjab University Law Review
POPULATION EXPLOSION TO POPULATION STABILIZATION: ROAD TO SUSTAINABLE DEVELOPMENT
Population growth remains one of the most significant factors influencing economic development, social welfare, and environmental sustainability. While a balanced population can serve as a national asset, uncontrolled growth places immense pressure on food security, employment, housing, healthcare, education, and natural resources. This paper examines India’s transition from concerns of population explosion to the contemporary goal of population stabilization as a pathway toward sustainable development. It traces global and Indian demographic trends, highlighting how declining mortality rates, rising life expectancy, inadequate education, poverty, and gender inequality historically contributed to rapid population growth. The study explores India’s historical policy responses, beginning with pre-independence committees and the launch of the world’s first state-sponsored family planning programme in 1952. The role of the judiciary is also discussed in balancing state interests with constitutional rights relating to dignity, privacy, and reproductive autonomy. The paper further highlights the strong relationship between women’s empowerment, education, and fertility decline. Educated women are more likely to marry later, participate in the workforce, and make informed reproductive choices, thereby contributing to healthier families and lower fertility rates. Recent declines in India’s total fertility rate indicate gradual demographic maturity and the success of socio-economic development over coercive measures. The findings suggest that sustainable population stabilization is best achieved through education, healthcare access, gender equality, and economic opportunity rather than compulsion. The paper concludes that India’s large population, if supported by human development and inclusive policies, can become a source of demographic dividend and sustainable national growth. KEYWORDS: - Population, Sustainable, Education, women, Development etc.
THE RIGHT TO CLEAN AIR AND STUBBLE BURNING: EVALUATING STATE ACCOUNTABILITY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION
Air pollution in northern India, particularly during the winter months (October-December), has become a persistent environmental and public health crisis. The deterioration in air quality during this period is the result of a complex interaction of multiple factors, including industrial emissions, vehicular pollution, construction activity, biomass burning, unfavourable meteorological conditions, and seasonal agricultural practices. Among these, stubble burning in many north indian states such as Punjab, Haryana, Uttar Pradesh and Madhya Pradesh has attracted significant legal, administrative, and judicial attention due to its temporal concentration and trans-boundary impact. However, it would be analytically incomplete and normatively unsound to attribute the entirety of winter air pollution to agricultural residue burning alone. This paper contends that the persistence of stubble burning must be examined within the wider context of multi-source air pollution and fragmented regulatory responses. While agricultural residue burning constitutes only one component of the problem, its predictable recurrence and known environmental impact imposes a heightened duty on the State to act in a constitutionally compliant manner. By analysing the right to clean air under Article 21, the paper evaluates whether State action and inaction, across agricultural, industrial, and environmental governance frameworks meet the standards of accountability required for the effective protection of fundamental rights. In doing so, the study reframes stubble burning not as the sole cause of winter pollution, but as a critical test case for assessing the State’s capacity to address environmental harm through holistic, data driven and integrated approach towards rights-oriented governance. KEYWORDS: Air Pollution, Right to Life, Clean Air, Stubble Burning, Environmental Governance.
STRICT LIABILITY VS. NEGLIGENCE IN ENVIRONMENTAL OFFENCES: EVALUATING BHARTIYA NYAYA SANHITA, 2023’S APPROACH
Environmental degradation represents an existential crisis demanding robust legal accountability frameworks. Indian jurisprudence has historically oscillated between negligence-based liability and judicial innovations in strict liability, particularly following landmark rulings like M.C. Mehta v. Union of India. The Bhartiya Nyaya Sanhita, 2023 (BNS), which replaces the Indian Penal Code, 1860, offers a critical juncture to evaluate legislative approaches to criminal liability for environmental harm. This paper employs doctrinal methodology to analyze primary legal sources including BNS provisions, judicial precedents, and comparative frameworks assessing whether the new code adopts the judiciary's strict liability principles for hazardous activities. The study reveals that while the BNS enhances penalties and clarifies corporate liability, it retains a negligence-based core ("rash or negligent act") without codifying absolute liability for environmentally hazardous enterprises. This represents a significant missed opportunity to align criminal law with ecological imperatives, potentially undermining deterrence and environmental justice. KEYWORDS: Absolute Liability, Bhartiya Nyaya Sanhita 2023, Environmental Crimes, Negligence, Strict Liability etc.
EMERGENCY POWERS, PUBLIC HEALTH & CONSTITUTIONAL CONVENTIONS IN THE POST-PANDEMIC WORLD: A STUDY
The lockdown due to the COVID-19 pandemic has made governance of public health one of the most urgent constitutional issues of the time. In an attempt to protect citizens' lives, governments in most jurisdictions have been forced to address the issue through lockdowns, curfews, quarantines, and high-speed vaccination campaigns. Although these actions were essential through the prism of public health, they could not help but raise questions about legality, responsibility, and the safeguarding of fundamental rights. The research paper discusses the ways in which constitutional systems have sought to reconcile the crisis demands of executive power with the constitutional demands of constitutional democracy. The research paper presents a comparative analysis of how different jurisdictions, viz., the USA, the United Kingdom (UK), India, Australia, New Zealand, Canada, and South Africa, have responded to the pandemic, with reference to the European human rights framework. Laws/Acts like the UK Coronavirus Act 2020, India Disaster Management Act 2005, and Canada Quarantine Act 2005 gave legal authority to far-reaching powers. These measures were then reviewed by the courts, where proportionality, rationality or strict scrutiny was used depending on the circumstances. Some decisions were left to executive discretion, while others were invalidated for lack of legal authority, insufficient evidence, and other reasons. Constitutional conventions are also discussed in the research paper. The critical but weak pillars were parliamentary scrutiny, ministerial responsibility, cooperative federalism, and disclosure of scientific advice. Some conventions were adjusted to the circumstances of crisis, and some were killed by the executive domination. The paper finds that social health crises should be handled as constitutional incidents. They are not an exception to the rule of law. Instead, they demand that it should be strengthened by clear statutory authority, proportional structures to the restriction of rights, institutionalised structures of openness, and formal constructs to foster collaboration amid the various government levels. These safeguards have enabled governments to act effectively and legitimately in the event of an emergency. Meanwhile, they ensure that the key values of constitutional democracy will not be compromised in favour of expediency. By instilling these safeguards early, states are able to enter into future crises in a resilient manner that supports robust public health safeguards and remain loyal to the law, accountability, and fundamental rights protection. KEYWORDS: Emergency Powers, Constitutional Conventions, Public Health, Pandemic.
JUDICIAL REVIEW OF THE LEGISLATIVE PROCESS: A COMPARATIVE OVERVIEW
Judicial review of the legislative process is a longstanding and often debated feature of constitutional democracies. Traditionally, courts have used judicial review to determine whether legislation complies with constitutional requirements. Over time, however, judicial review has come to involve closer scrutiny of how legislation is made, the purposes it seeks to achieve, and its practical effects. This paper examines the role of judicial review in the legislative process, focusing on how courts uphold constitutional principles, democratic accountability, and the protection of rights. It considers whether, in reviewing legislation, courts engage in post-legislative scrutiny by examining the implementation and impact of laws. The paper also explores how courts assess legislative outcomes while remaining mindful of the limits of their constitutional role. Further, the paper examines the circumstances under which judicial intervention to encourage legislative reconsideration, amendment, or repeal may be justified. It argues that judicial review of the legislative process serves as an essential constitutional safeguard, helping to maintain constitutional standards while respecting the institutional relationship between courts and legislatures. The paper concludes that although judicial review should be exercised with restraint, its involvement in legislative matters is both necessary and unavoidable to uphold constitutional supremacy and the rule of law. KEYWORDS: Legislative Process, Judicial Review, Rule of Law, Accountability, Rights, etc.
WOMEN'S RIGHTS, AND SURROGACY: THE EXPLOITATION OF FAIR SEX CONTINUES
The scientific age, marked by advancements in reproductive technologies, has significantly impacted the discourse on women's rights, particularly in the context of surrogacy. This practice, where a woman carries and gives birth to a child for another person or couple, raises complex ethical, legal, and social questions. While surrogacy offers a solution for couples facing infertility, it also raises concerns about the potential exploitation and commodification of women's bodies. This paper explores the intricate relationship between scientific advancements, women's rights, and surrogacy. It explores the varying legal frameworks across different jurisdictions, highlighting the disparities in protection offered to surrogate mothers. It delves into the positive aspects of surrogacy, such as addressing infertility and improving reproductive outcomes, while also critically examining the potential for exploitation and the commodification of women. The paper also shed a light on the Commercial surrogacy, which a contentious issue and banned by many countries such as in India The Surrogacy (Regulation)Act, 2021 section 4(ii) (c) which allowed the altruistic form of surrogacy and prohibits the commercial surrogacy similarly, The European Union, Article 3 of the Charter of Fundamental Rights of the European Union also makes commercial surrogacy illegal but where permitted as in some states of USA(California), it offers numerous benefits such as it allows single people and others who traditionally been unable to produce children, such as LGBTQ community, to do so. Further, it also pushes the society boundaries and can be seen as an empowering choice for women by allowing them to make choices after informed consent about their reproductive capabilities and earn financial compensation for their services. Author/s by analysing relevant case studies and legal frameworks and comprehensively review of academic articles, books, and legal documents related to surrogacy, women's rights, and reproductive health this research aims to illuminate the ethical dilemmas and challenges associated with surrogacy and its commercialization. Ultimately, this paper advocates for a balanced approach that prioritizes the well-being of both surrogate mothers and intended parents, while upholding women's rights and ensuring the ethical practice of surrogacy by giving priority to fair sex. KEYWORDS: Reproductive technologies, Commercial, Surrogacy, Women Rights, Scientific Advancements, Legal Framework.
EMERGING ISSUES AND CHALLENGES IN ESG DISCLOSURE IN INDIA
Today throughout the globe climate change, increasing inequalities, the needs of society, and transparency in corporate practices are becoming debatable issues. Due to the increase in industrialised development and thereby, the emission of harmful gases to the environment, pollution of water, soil, and land is increasing the challenge for the existence of human life. On the other side, the payment of inadequate salaries, unhealthy workplaces, sub-standard goods, and increasing gaps in societies are also raising an alarming situation for humanity. Frauds, particularly corporate frauds, have a profound effect on the people as a whole rather than just one person's life. In the light of these alarming situations, it has become important that the corporates must comply with not only laws and provide the financial disclosures but also provide the non-financial disclosures. It is important to mention that the rising debate about business of business which shifted from maximization of shareholders wealth to the protection of stakeholders’ interests, has changed the functioning of the Companies. Currently, the stakeholders are pressing the Companies to balance the profitmaking and become a responsible pillar of sustainable development. Post COVID-19 pandemic, the concept of stakeholder capitalism and long-term value creation is gaining popularity. On the other hand, although investors need good returns on investment but their investment decisions are also based on information provided by companies regarding the performance of their responsibilities towards the environment and society at large It is pertinent to mention that the long-term value created of the company depends upon its sincere initiatives towards the environment protection, social measures undertaken by it and a transparent reporting mechanism. To balance all the conflicting interests, Environment, Social and Governance (ESG) reporting is a possible solution. ESG reporting is the disclosures of the information to explain the impact of business in the areas of environment, social perspective and governance. ESG covers the capturing of non-financial information including risks and opportunities in day-to-day affairs of the company. .KEYWORDS: Environmental, Social, and Governance (ESG), Business Responsibility and Sustainability Reporting (BRSR), Greenwashing, Sustainable Investment etc.
THE TREATMENT OF FEMALE INMATES: CHALLENGES AND REFORMS
The plight of female inmates in India remains a pressing human rights concern, revealing deep gaps between legal promises and ground realities. Despite constitutional guarantees and evolving statutory frameworks, women in custody continue to face challenges that are inherently gendered ranging from inadequate healthcare and overcrowded facilities to exposure to abuse and neglect of their psychological needs. This paper critically examines the treatment of female prisoners within India’s legal and institutional architecture, analysing how national laws, judicial interventions, and international norms particularly the United Nations Bangkok Rules. Through doctrinal analysis and comparative insights, the study highlights persistent deficiencies in gender-sensitive infrastructure, reproductive and mental healthcare, and vocational rehabilitation. It further explores the impact of imprisonment on mothers and children, underscoring the social cost of ignoring non-custodial alternatives. By assessing reforms like the Model Prison Manual and the roles played by NGOs and legal aid initiatives, this paper underscores both progress and persistent inertia in translating gender equity into prison practice. Ultimately, the research calls for a holistic, rights-based approach that goes beyond token compliance, urging policymakers to adopt globally informed, humane, and rehabilitative measures that respect the dignity and specific needs of women behind bars. In advocating these reforms, the study aspires to contribute to a more equitable and just criminal justice system for India’s most overlooked inmates. KEYWORDS: Female prisoners, prison reforms, gender-sensitive justice, reproductive health, non-custodial measures
CRIMINAL JUSTICE AND CASTE: STRUCTURAL BIASES IN DALIT ATROCITY CASES
This study examines the legal and structural barriers that continue to restrict access to justice for Scheduled Castes (SCs) and Scheduled Tribes (STs) in India. Despite constitutional guarantees of equality and dignity, caste-based discrimination and social exclusion remain deeply embedded within society and continue to influence the functioning of the criminal justice system. The introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 has renewed debate on whether recent criminal law reforms can meaningfully strengthen the protection of marginalized communities and improve access to justice. Using a doctrinal research methodology, the study analyses constitutional provisions, statutory frameworks, judicial decisions, government reports, and relevant scholarly literature relating to caste-based atrocities. The findings indicate that although India possesses a comprehensive legal framework, significant gaps remain between legal protections and their implementation in practice. Delays in investigation and trial, procedural shortcomings, weak enforcement, and inadequate victim support continue to undermine the effective delivery of justice. These challenges reflect not only administrative inefficiencies but also deeper structural barriers within the criminal justice system. The study highlights the need for stronger institutional accountability, improved implementation of existing safeguards, and a more victim-centred approach to justice. It concludes that while recent legal reforms offer opportunities for improvement, their effectiveness will ultimately depend on consistent enforcement and sensitivity to the lived realities of historically marginalized communities. Achieving meaningful justice requires not only legal reform but also sustained institutional and social transformation. KEYWORDS: Access to justice; Caste-based atrocities; Criminal justice system; Dalit rights; Bharatiya Nyaya Sanhita; Structural bias.
ETHICAL INTEGRATION OF ARTIFICIAL INTELLIGENCE IN FORENSIC SCIENCE: PROSPECTS AND CHALLENGES
Forensic science has evolved significantly in pursuing justice due to technological advancements and the emergence of artificial intelligence (AI). This paper explores how forensic science, AI, and legal processes intersect, discussing the challenges and benefits of modern deception detection techniques (DDTs) and their impact on delivering justice. As criminals use technology to avoid detection, law enforcement must integrate AI-driven analysis for effective crime prevention. Using advanced software like IBM Watson, Microsoft Azure and Google Cloud, forensic experts could help study the digital traces individuals leave behind, identifying patterns and unusual activities that are hard for humans to detect. These tools can suggest an understanding of behaviour patterns, emotional analysis, and sentiment detection, transforming how investigations are conducted and improving the delivery of justice in the digital era. However, integrating AI into legal proceedings presents challenges related to regulations and ethics. Concerns over bias, misuse, and privacy violations necessitate the establishment of robust governance mechanisms to govern the use of AI in forensic analysis. Collaboration among legal, forensic, psychological, and AI experts is vital to handle these challenges and responsibly integrate AI into legal processes. Additionally, this paper explores the difficulties Indian courts encounter in accepting forensic psychological tests like polygraph and narcoanalysis after the significant ruling in Selvi's Case. Although the ruling bans forcing truth serum tests, it does not per se ban how AI-based forensic tools can improve the reliability and usefulness of psychological evidence in legal cases. The paper highlights how AI-driven forensic analysis can uncover hidden truths and ensure fair justice administration, inspired by Locard's exchange principle. Researchers can bring about a new era of forensic science by adopting AI technologies and collaborating across disciplines, improving justice systems worldwide. KEYWORDS: Scientific Evidence, Deception Detective Techniques, Self-Incrimination, AI, Digital Footprint, Locard’s Principle
BALANCING PROTECTION AND PERSECUTION: THE DILEMMA OF FALSE CASES UNDER SC/ST ACT
In Indian society, the most marginalized groups are Dalits and Tribals, who have historically endured numerous acts of violence against them. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was established to safeguard marginalized communities from past oppression and discrimination. Nonetheless, the Act cannot be deemed effective legislation owing to escalating worries regarding its misuse through false cases. This research paper examines the dilemma of balancing the Act’s protective purpose with the growing trend of false accusations. The Act establishes rigorous protections for victims but also presents difficulties for individuals falsely accused, resulting in possible exploitation. This paper conducts a doctrinal analysis of essential legal provisions and significant rulings to investigate the judicial response to false cases under the S.C./S.T. Act, as well as the repercussions of these cases on the legal system and authentic victims. The research paper examines the wider societal consequences of false allegations, such as the deterioration of trust in the legal system and the stigmatization of genuine victims. The research paper examines legal protections and judicial interpretations to recommend improvements that balance the safeguarding of vulnerable populations with the prevention of wrongful prosecution. The paper emphasizes the necessity of legal and procedural modifications to guarantee justice for vulnerable communities and individuals wrongfully accused, maintaining the Act's purpose while ensuring equity in the judicial process. This balanced approach is essential for sustaining the S.C./S.T. Act’s legitimacy and fostering trust in the legal system. KEYWORDS: Atrocity, Caste System, False Accusation, Scheduled Castes, Scheduled Tribes.
REDUCING JUDICIAL BACKLOGS THROUGH LOK ADALATS IN INDIA: A CRITICAL APPRAISAL
The well-known legal principle “Justice delayed is Justice denied” resonates strongly within the context of the Indian legal system, where even minor disputes can take years to resolve. Going through the court process can be a daunting, costly, and lengthy ordeal, largely due to the substantial backlog faced by the judiciary. In this context, Alternative Dispute Resolution (ADR) mechanisms have emerged as a viable solution for achieving timely justice. ADR methods have significantly contributed to reducing the burden on the judiciary by providing faster and more flexible avenues for dispute settlement. Among these mechanisms, Lok Adalats represent India's unique approach to alternative dispute resolution. These people's courts are widely appreciated for their efficiency, accessibility, flexibility, and speedy disposal of cases. Many litigants have chosen to resolve their disputes through Lok Adalats, finding them more cost-effective and user-friendly than conventional court proceedings. Lok Adalats have emerged as an important mechanism for addressing judicial delays and promoting access to justice. The paper evaluates the effectiveness of Lok Adalats in reducing judicial backlogs in India by analysing their operational framework, impact on case disposal, and the challenges they face. The study employs a mixed-methods approach incorporating empirical data from the latest NALSA statistics. The analysis reveals that only 34% of eligible cases are referred to Lok Adalats, indicating significant implementation gaps. The paper concludes that while Lok Adalats have made significant contributions to dispute resolution and backlog reduction, substantial barriers remain to their wider acceptance and implementation. KEYWORDS: Alternative Dispute Resolution (ADR), Lok Adalat, National Legal Services Authority (NALSA), Judicial backlogs and Speedy disposal.
BRIDGING GAPS IN CHILD PROTECTION: NATIONAL AND INTERNATIONAL LEGAL STANDARDS AND JUDICIAL TRENDS IN INDIA
T This paper critically examines the legal framework governing the rights and welfare of children, particularly orphaned children, in India through the lens of national and international laws and judicial decisions. The analysis begins by exploring India's legal obligations under the Constitution, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, alongside other child welfare laws. It further assesses India's commitment to international conventions, such as the United Nations Convention on the Rights of the Child (UNCRC), focusing on how these standards are reflected in national legislation. A review of landmark judicial decisions in India highlights the judiciary’s proactive role in safeguarding children's rights, particularly orphaned and vulnerable children, through constitutional remedies like Public Interest Litigation (PIL) and directives on child welfare policies. Cases related to child labor, adoption, education, and protection from exploitation are critically analyzed to understand the evolving judicial interpretation of child rights.The paper also identifies gaps between legislative intent and on-ground implementation, especially concerning orphaned children's access to education, healthcare, and protection from trafficking and abuse. Furthermore, it examines India's adherence to international standards, pointing out areas where national policies fall short of global benchmarks. In conclusion, the analysis underscores the need for stronger enforcement mechanisms, improved rehabilitation programs, and increased collaboration between national and international bodies to better protect children, particularly orphans, in India. The paper calls for reforms in the existing legal structures and more robust judicial interventions to ensure that the rights of children, especially the most vulnerable, are fully realized in line with both national aspirations and international commitments. KEYWORDS: Orphan Children, Child Rights, Juvenile Justice Act 2015, POCSO Act 2012, UNCRC, Public Interest Litigation, Child Welfare, Adoption, Child Labour, Trafficking, Judicial Intervention.
EXPLORING THE INTERSECTION OF TRADEMARK AND COPYRIGHT IN INDIA: A CRITICAL ANALYSIS OF OVERLAPPING INTELLECTUAL PROPERTY PROTECTION
The increasing convergence between trademark and copyright law has generated significant legal concerns regarding the scope and duration of intellectual property protection in India. The paper proceeds on the assumption that overlapping protection, though beneficial for rights holders, may create uncertainties relating to ownership, enforcement, public domain access and competition. Adopting a doctrinal research methodology, the study analyses statutory provisions, judicial precedents and scholarly writings dealing with the interaction between trademark and copyright law. The article first examines the nature and extent of overlap between the two regimes and subsequently analyses the benefits arising from such coexistence. It further discusses the legal issues associated with parallel importation, comparative advertising and the artificial extension of copyright protection through trademark rights. On the basis of Indian and comparative jurisprudence, the paper argues that excessive overlap may upset the balance between private rights and public interest. The study concludes by recommending legislative clarification, harmonisation of standards and the development of judicial guidelines to ensure greater certainty in the administration of overlapping intellectual property rights in India. KEYWORDS: Trademark, Copyright, Overlapping Protection, Intellectual Property Rights, India, Parallel Importation, Comparative Advertising.
PSYCHOLOGY OF SERIAL KILLER VIS-À-VIS THE PLEA OF PSYCHOLOGICAL DEFECT
In order to understand a serial killer, reference should be made to the biological, psychological and socio cultural elements which contributed to the heinous and violent crimes they ultimately committed. As that such behavioural deviation if spotted at an early stage then psychological counseling could help a child in such a way that they could even refrain from committing crimes in adulthood; as many of the violent ideas stems from issues faced at a young age. Not much stress is laid on the fact that serial killers act in such gruesome manners due to mixture of their nature and nurture. The plea of psychological defect would offer an opportunity to such criminals who are the victim of their own mind to reform and rehabilitate. Thus, the study proposes on reformation of such offenders and not considering incarceration as the only form of punishment. The research paper relied mainly on doctrinal method whereby the researcher referred to primary sources such as books, case laws, relevant publications and literature. KEYWORDS: Serial Killer; Legal Insanity; Medical Insanity; Psychological Defect; Death Penalty.
THE WORKING OF FAMILY COURTS IN INDIA: A STUDY
The family courts in India serve as specialised judicial bodies established to address legal matters pertaining to familial and matrimonial disputes. Rooted in the principle of providing efficient and expeditious resolution to family-related conflicts, these courts play a crucial role in upholding justice and preserving the sanctity of familial relationships within the Indian legal framework. The inception of family courts in India traces back to the enactment of the Family Courts Act of 1984, which aimed to provide a comprehensive mechanism for resolving disputes related to marriage, divorce, guardianship, custody, maintenance, and other allied matters. These courts operate with a distinct focus on promoting conciliation and reconciliation, thereby emphasising the preservation of family unity and the betterment of all parties involved, especially children. The functioning of family courts is guided by principles of fairness, impartiality, and sensitivity to the unique dynamics of familial relationships. They adopt a holistic approach to dispute resolution, considering not only legal aspects but also social and psychological factors influencing the parties' lives. Through mediation, counseling, and judicial intervention, family courts strive to facilitate amicable settlements while ensuring equitable outcomes for all parties. The jurisdiction of family courts extends across the entire spectrum of family-related disputes, encompassing diverse cultural, religious, and socio-economic contexts prevalent in Indian society. In an era marked by evolving societal norms and legislative reforms, it is imperative to assess the responsiveness of these courts to emerging challenges and changing needs. Therefore, this research paper endeavors to contribute to the discourse on understanding the structure of family courts in India, challenges and reforms needed in family courts, advocating for measures that promote inclusivity, fairness, and efficiency within the legal system. KEYWORDS: Challenges; Dispute resolution; Family courts; Jurisdiction.
Copyright (c) 2024 Panjab University Law Review
COMPACT URBAN DEVELOPMENT AND SUSTAINABLE DEVELOPMENT: A LEGAL STUDY
Compact urban development has emerged as a crucial strategy in the pursuit of environmental sustainability amidst the backdrop of rapid urbanisation. Urbanisation stands as a defining trend of the 21st century, with more than half of the global population now residing in urban areas. While cities offer economic opportunities and social amenities, they concurrently exert significant strains on the environment, contributing to pollution, resource depletion, and climate change. In response to these pressing challenges, the concept of compact urban development has ascended as a salient strategy to reconcile urban expansion with environmental sustainability. This research endeavour delves into the intricate relationship between compact urban development and environmental sustainability. Leveraging a comprehensive synthesis of literature this study scrutinises the environmental advantages, hurdles, and policy ramifications associated with compact urban development. Through an interdisciplinary approach, the study elucidates the potential of compact urban development to mitigate environmental degradation, curtail resource consumption, and fortify cities against the impacts of climate change. This research endeavour seeks to interrogate the role of compact urban development in advancing environmental sustainability. By scrutinising the environmental advantages, challenges, and policy implications entailed by compact urban development, this study endeavours to elucidate its potential as a transformative paradigm in urban planning and design.
BIOCULTURAL RIGHTS OF INDIGENOUS PEOPLES IN INDIA AND UNITED STATES OF AMERICA: AN ANALYSIS
The indigenous people are the most vulnerable and excluded groups in the economic development process. The biocultural rights are the bundles of rights that protecting, recognising, welcoming, emphasising, considering, bearing, believing and solemnly declaring certain traditional practices, knowledge and values in order to bring the indigenous peoples, tribals and other distinct local communities into the mainstream of the development process. The right to development and right to self-determination is core of the biocultural rights of the indigenous people. Their traditional system of knowledge, biocultural heritage and traditional authorities needs to be protected. The development is inclusive only when it is participatory in the decision-making process at local, regional and national level. This research study is an attempt to find out the impacts and implications of various conventions and UN Declaration on the indigenous people under the international law. It will remind always that indigenous people were subject to historical injustices, colonial exploitation and impacts of human rights violation and dispossession of the forest land in the development process. It provides the permanent forum for resolving indigenous issues through the specialised national, international and UN agencies.
LAW RELATING TO WOMEN AMID ARMED CONFLICTS: INSIGHTS FROM INTERNATIONAL HUMANITARIAN LAW WITH SPECIAL REFERENCE TO INDIA
Armed conflicts have profound impacts on women, leaving them more vulnerable to gender-based violence within societal and structural contexts. These conflicts lead to shifts in gender dynamics, affecting women's roles, attitudes, identities, legal frameworks, and beliefs. International humanitarian law offers a legal framework to protect women during armed conflicts, ensuring their human rights are respected. These protective measures are widely disseminated and enforced in conflict settings, applying to all parties engaged in armed conflict and UN peacekeeping missions. To address the issue of violence against women in armed conflicts, various experts, scholars, and organisations, including the UN, have generated extensive literature like books, articles, and papers, exploring the legal implications of armed conflict on women before and after such events. This study aims to comprehensively investigate the legal landscape and the challenges women encounter in armed conflicts. Keywords: armed; conflict; violence; war; women
ARCHEOLOGICAL MONUMENTS AND SITES: ROLE OF INDIAN JUDICIARY
India is home to a large number of archeological monuments and sites. Every archaeological monument and site tells a different, exquisite history from the past, which distinguishes the country. India is home to a large number of archaeological monuments and sites. Because these structures are valuable from an artistic, historical, and archaeological standpoint, it is now important to preserve them. The Ancient Monuments and Archaeological Sites and Remains Act, 1958, is the major piece of legislation governing archaeological monuments and sites in India. Recognizing the cultural and historical significance of ancient monuments and archaeological sites, this Act was passed with the intention of protecting and maintaining them. In India, the judiciary serves as the guardian of the people’s fundamental rights and the Constitution. This article aims to examine the laws that oversee archaeological monuments and sites in India, with a particular emphasis on the role of the Indian court through a discussion of significant rulings. The researchers have attempted to divide the paper into distinct sections. An overview of India’s archaeological monuments and sites is provided in the first section, along with a brief explanation of the laws pertaining to these sites and monuments. An extensive discussion of the judiciary’s contribution to safeguarding India’s archaeological monuments and sites is presented in the following portion of this article. In the last, conclusion and some suggestive measures for the protection of archeological monuments and sites have been given. Keywords: Archeological Monuments, Conservation, Preservation, Judiciary
CASE COMMENT - REVANASIDDAPPA AND ANR. V. MALLIKARJUN AND ORS. (CIVIL APPEAL NO. 2844 OF 2011)
Stigmatization around children born out of invalid marriages has existed in our society for a long time now. Even when the law grants legitimacy status to such children, still society treats them differently and they are often subject to discrimination. They are not given the due respect in their own family as well as the society. Not just on the social level, but they have been facing discrimination with respect to claiming rights in their parental property. As an evolving society, we must understand that children born out of such marriages are innocent and they should not be made the subject of discrimination, that too with respect to the rights that ideally should be theirs because of their parents. This topic has been a debatable issue not only with respect to the social sphere but also in the legal sense. The present case analysis will look into the recent judgement passed by the Supreme Court of India in this regard which grants such children the right to their parents’ property. Keywords: Legitimacy, coparcener, invalid marriages, Hindu law, etc.
ARTIFICIAL INTELLIGENCE AND PATENT LAW: ANALYZING PATENTABILITY OF AI-GENERATED WORKS
Industry 4.0 era has changed the dimension of the manufacturing sector with the integration of AI technologies into its domain. This has created an opportunity for the development of the Intellectual Property domain to adopt AI technology for the development of the nation economically. This research work analyses the existing patent regime and explores the idea of granting AI the inventorship for AI-generated inventions. Based on the analysis, this study identifies the different AI technologies including Artificial Neural Networks (ANN), Convolutional Neural Networks (CNN), and Fuzzy logic technology that can be used in the patent domain for creating an AI-generated invention. This study outlines the existing legal implications relating to the inventorship of AI-generated inventions in the U.S. and India and this research suggests a shift from the traditional view of the courts relating to recognising AI as an inventor of a patent. A model has been proposed relating to the assignability of patents and provides the categories of persons to whom such invention may be assigned by the patent office. Based on the analysis future framework has been recommended. Keywords: Artificial Intelligence (AI), Artificial Neural Networks (ANN), AI-Generated Invention, Inventorship, Patent
GENETIC JURISPRUDENCE: REIMAGINING INDIAN LEGAL SYSTEM'S APPROACH TO DNA EVIDENCE AND PRIVACY PROTECTIONS
Within the area of justice delivery system all over the globe, incorporation of DNA information has emerged as a crucial instrument in establishing truth, guaranteeing fairness, and preserving the ideals of justice. In India use of DNA information in criminal justice system has sparked extensive deliberation regarding its potential, as well as ethical, human rights, privacy concerns it entails. This research paper explores the complex terrain of DNA technology deployment, with a particular focus on delicate balance between individual rights and societal welfare. It shall examine two key legislative initiatives i.e., the DNA Technology (Use and Application) Regulation Bill, 2019 and the Criminal Procedure (Identification) Act, 2022. It shall delve into the implications of these laws on the judicial system's handling of criminal offenses, analysing the potential impact on due process, privacy, and the fundamental rights of citizens. The deliberation on this topic is significant to evaluate legislative intent, scope of DNA data collection, usage, and safeguards (or lack thereof) incorporated to protect individual liberties. By examining the Indian context within the broader global discourse on the use of DNA evidence in the justice system, this paper seeks to contribute to the ongoing dialogue on redefining the boundaries of genetic governance and striking a delicate balance between the imperatives of national security, public welfare, and individual rights in the face of an ever-evolving technological landscape. KEYWORDS: DNA, Privacy, DNA Bill, the Criminal Procedure (Identification) Act of 2022.
RETHINKING GOVERNANCE FOR SOCIETAL PROGRESS: A LEGAL STUDY FOR REFORMS IN INDIAN ADMINISTRATIVE LAW
The study of administrative jurisprudence is crucial to rethinking administrative law for societal progress in India. Understanding the legal framework that governs administrative law and its societal impact is essential to ensure that administrative law is fair and just for all. By conducting a legal study of administrative jurisprudence in India, we can identify the areas that need improvement and work towards creating a fair and equitable system. The research quarries into the challenges within India's administrative law framework, aiming to recognize and analyse flawed concepts leading to inefficiencies and legal inconsistencies. Through qualitative analysis of case law, statutes, and administrative procedures, outdated doctrines hindering effective governance are scrutinized. Employing doctrinal research, judicial interpretations, and legislative enactments perpetuating these flaws are critically evaluated, alongside comparative analysis with other jurisdictions. Beginning with a historical overview, the study highlights non-justiciability, excessive delegation, and procedural complexities as the main issues. Findings reveal unchecked administrative discretion, vague legislative guidelines, and opaque decision-making, eroding public trust and undermining the “Rule of Law”. The socio-legal implications are profound, impacting fairness, accountability, and economic evolution. Proposed reforms include judicial, legislative, procedural, and substantive measures to modernise administrative law. This research underscores the necessity of these reforms for a fair, efficient, and accountable administrative system, urging collective action from policymakers, practitioners, and academicians.
SARFARAZ ALAM V. UNION OF INDIA & OTHERS VIZ-A-VIZ PREVENTIVE DETENTION
Sarfaraz Alam v. Union of India and Others[1] is a Special Leave Petition filed under Article 136 of the Indian Constitution dealing with the preventive detention. The SLP has been filed by the brother in law of the detenue questioning the detention. The case was decided on 4 January 2024 by the Apex Court of the country. The decision was given by the Honorable Bench of Justice Aravind Kumar and Justice M.M. Sundresh. The present matter dealt with the requirement for detention as provided by the Article 22(5) of the Indian Constitution. The Court at length has discussed how serving the grounds times and effectively are the sine qua non of the right of the detenue to make a representation to object the order of the detention. Article 22(5) bounds detaining authority to make sure that the communication whether verbal or written in the language understandable by the detenue is of paramount importance and the failure to do so would lead the court to bend in favour towards the detenue. The court has emphasized on communication as being the first step to ensure that the detaining authority does not work in a manner that would blur the rights of the detenue. Sarfaraz Alam v. Union of India and Others[1] is a Special Leave Petition filed under Article 136 of the Indian Constitution dealing with the preventive detention. The SLP has been filed by the brother in law of the detenue questioning the detention. The case was decided on 4 January 2024 by the Apex Court of the country. The decision was given by the Honorable Bench of Justice Aravind Kumar and Justice M.M. Sundresh. The present matter dealt with the requirement for detention as provided by the Article 22(5) of the Indian Constitution. The Court at length has discussed how serving the grounds times and effectively are the sine qua non of the right of the detenue to make a representation to object the order of the detention. Article 22(5) bounds detaining authority to make sure that the communication whether verbal or written in the language understandable by the detenue is of paramount importance and the failure to do so would lead the court to bend in favour towards the detenue. The court has emphasized on communication as being the first step to ensure that the detaining authority does not work in a manner that would blur the rights of the detenue.
A CRITICAL ANALYSIS OF ISSUES AND CHALLENGES IN FREEDOM OF SPEECH AND EXPRESSION VIS-A-VIS CONTEMPT OF COURT IN INDIA
Although words break no bones yet freedom of speech needs regulation because unrestricted freedom of speech can have far reaching destructive and negative consequences. But the question is to what extent, one can exercise his freedom of speech especially when the speech right is exercised against the judiciary? Human power not only vests in his speech but also in its expression through which he has the potential to even bring a revolution; for good or for bad. Law therefore imposes restrictions on speech but only reasonable restrictions have given the sword to the judiciary for its protection and maintenance of dignity. But then why criminal contempt cases are mounting day by day? Is the law inadequate? Whether the restrictions which were considered reasonable earlier have become unreasonable in contemporary times? There are many unanswered questions that need to be delved upon and find out the solution failing which chaos will gradually lead to darkness. The paper is an attempt to study the legislative and judicial perspective towards the contempt law and analyse the imbalance between criticism and contempt power of court through the prism of freedom of speech and how the imbalance can be mitigated in an amicable and harmonious manner.
ISSUANCE OF PROCLAMATION TO ENSURE PRESENCE OF ACCUSED AT TRIAL: AN EMPTY RHETORIC
The author in this article shall be discussing proclamation as a mode for ensuring the accused presence at trial and the effects of issuing proclamation. A person’s right to liberty is seriously undermined by issuance of proclamation against him. The author shall discuss the Court’s duty before issuing a proclamation. Once proclamation is issued, the follow up procedure is sluggish. The Legislature in the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 has enacted far reaching reforms with respect to proclaimed offenders. The Courts have also played an active role in trying to plug the loopholes of the mechanism. The author shall discuss the follow up procedure that shall be undertaken in order to ensure the efficacy of proclamation as a tool to ensure accused presence. In the end, the author explores the possibility of conducting trials of proclaimed offenders in absentia so that the rule of law is not undermined and there is no secondary victimisation of the victim who helplessly stares the criminal justice system where the accused takes the system for ransom by absconding himself and rendering the case infructuous. The author in the last part shall discuss the suggestions which shall be undertaken by the law enforcement agencies to ensure that proclamation does not become a mere formality but a robust tool to ensure accused presence at the trial. KEYWORDS: Absconding; Accused; Presence; Proclamation; Trial
SUPREME COURT’S LINKAGE OF CLIMATE CHANGE AND FUNDAMENTAL RIGHTS: A STEP IN THE RIGHT DIRECTION
Dr. B.R. Ambedkar was inevitably accurate and unerring in saying that, “Constitution is not mere a lawyer’s document, it is a vehicle of life and its Spirit is always the spirit of the age.” This invariably, lucidly, and unambiguously means that a constitution cannot be caged in the webbing or plexus of time and interpretations, thinking and ideologies, past and present or future, stillness or motion, correctness or fallaciousness, sorrow or happiness, originalism or living constitutionalism, textualism or contextualism, intentions or understandings, public meanings, or opinions of the framers; and lifelessness or submissiveness. This postulates that Constitution and the dynamics that are associated with it, should keep changing with the time, according to the needs of the society and legal morality as well. Recently, the Supreme Court of India has been giving out judgments and ratios that are in line with a progressive society, seeped deep into the constitutional morality that we seek to uphold. A lot of rights of the people have been recognised since a long time and today as well. So, when on April 7, 2024, the Indian national dailies, and a number of international news articles published that the Apex Court has recognised the rights of the persons (not just citizens), against the adverse impacts of climate change under articles 14, 21, 48A, 51A (g)- the Constitution of India once again became alive in sentience and rejoiced in happiness as well as zest. Keywords: Constitution; Fundamental rights; Citizens; Climate change; Supreme Court
FEMINIST LEGAL THEORY WITH SPECIAL REFERNCE TO INDIAN PERSPECTIVE
Feminist legal theory, also referred to as feminist jurisprudence, is rooted in the belief that the law has historically played a significant role in the subordination of women. Feminists assert that traditional laws and practices, which have been shaped predominantly from a male perspective, fail to adequately represent the viewpoint of women and acknowledge their historical contributions. This paper aims to explore feminist jurisprudence from an Indian perspective, delving into the history of the feminist movement in India and its transformative journey. Feminist jurisprudence challenges the notion that law constructs, maintains, reinforces, and perpetuates patriarchy. The ultimate aim of the feminists is to pull apart patriarchy by questioning the present societal principles and establishments. They believe that by eliminating patriarchy, everyone will be liberated from an unjust society. Feminist jurisprudence requires examining its connections with other disciplines, as it cannot be viewed in isolation. This paper seeks to commemorate the significant milestones achieved through the influence of feminist jurisprudence, both globally and in India, while also exploring the extent to which society has embraced these changes. It traces the evolution of feminism in India from 1915 to the present, analyzing the changing ideas and roles of women within society. The paper also addresses the various obstacles encountered by feminist jurisprudence and the growth of feminism through statutes and judicial interpretation. Additionally, it highlights the impact of post-independence efforts and sheds light on the progress made thus far.