Countries borrow, and sometimes they cannot pay back. When that happens, there is no bankruptcy court to step in, no single law to follow and no neutral referee. What exists instead is a mix of bond contracts, creditor clubs, policies of international institutions and a small number of court decisions. This article explains how that mix works, where it helps and where it fails. It looks at collective action clauses, the pari passu clause, the Paris Club, the IMF, the G20 Common Framework, national courts and investment arbitration, and it uses real cases from Argentina, Greece, Zambia, Ethiopia and others to test them. The article argues that the system is too slow, too scattered and too easy for a few creditors to disturb, and that ordinary people in debtor countries pay the price. It ends by weighing the main reform ideas and suggests a step-by-step approach that is realistic rather than perfect.
Arbitration is based on the twin pillars of independence and impartiality. Yet, as arbitration becomes more professionalized and commercialized, there are legitimate concerns about whether these values are being adhered to in practice. This paper explores the "neutrality paradox" of arbitration, i.e., the balance between impartial adjudication and the systemic pressures of a model where participation is far from equal. An important feature of the model is the "repeat player problem," where corporations, state entities, and institutions are regular participants, while individuals or small entities are sporadic participants at best. Such a model creates systemic pressures, especially in relation to the choice of arbitrators, where parties have influence over appointments. What are the implications of an arbitration market where reputation and the chances of reappointment are critical? What are the implications of "double hatting"? What are the differences between actual bias and perceived bias? Can the appearance of partiality negate the legitimacy of the arbitration process? What are the implications of recent institutional innovations in relation to disclosure of arbitrator appointments?
The Right to Information Act, 2005 gives an Indian citizen a legal route to documents that can explain why an office has delayed, refused or ignored a public duty. Whether this amounts to power over administrative inaction is a different question. The Act grants access to existing records and creates appeals, compensation and personal penalties for obstruction. It does not ordinarily permit an information commission to order an authority to issue a licence, complete a welfare payment or decide a pending representation. This article examines that separation by reading the statutory text alongside Supreme Court decisions and published evidence on the working of information commissions. It argues that the Act supplies an evidential and procedural form of accountability: it can make inaction visible, identify officials, expose departure from recorded rules and support proceedings under other laws. Its effectiveness is weakened where records are poorly maintained, proactive disclosure is neglected or appeals remain unheard. Recent changes to the personal-information exemption add a further question about the reach of scrutiny. The resulting account is conditional rather than celebratory: information can help citizens challenge administrative silence, but the legal duty to act must usually come from elsewhere.
#Right To Information Act#Administrative Inaction#Accountability
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Constitutional Law·Volume 2·Issue 1
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Hohfeld's Theory of Jural Relations and Its Relevance to Modern Legal Rights
Wesley Hohfeld's breakdown of legal rights into eight essential concepts has persisted for more than a hundred years, yet there is debate about its relevance in explaining contemporary rights. This article inquires if the framework continues to be analytically valuable for determining what current constitutional and statutory rights provide, to what extent the power & liability and immunity & disability relationships clarify protections that the terminology of right and duty may obscure, and where the framework encounters its limitations. Through an examination of legal principles and case law concerning Indian constitutional rulings and legislations, such as the Right to Information Act 2005, and notable cases including Navtej Singh Johar, Supriyo, Shayara Bano, Kesavananda Bharati, Puttaswamy, and the Digital Personal Data Protection Act 2023, while contrasting these with the will-interest debate, Halpin's critical simplifications, and MacDonald's recent institutional analysis, this study posits that Hohfeld's framework is most effectively viewed as a diagnostic grammar of rights rather than a theory that provides justification. It reveals the underlying structure of combined rights, demonstrates that a significant number of constitutional guarantees act as immunities safeguarded by disabilities, and recognizes consent-driven systems as exercises of legal authority. It is least effective for positive rights that do not have a clearly defined duty-bearer and provides no insight into the rationale for the existence of rights. The article concludes by offering measured suggestions for legislative drafting and judicial reasoning.
#Hohfeldian Analysis#Legal Rights#Constitutional Law
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Technology & Law·Volume 2·Issue 1
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Deepfake and Personality Rights: An Emerging Cyber-IPR Conflict
Compassionate Appointment in Public Employment in India: Balancing Social Welfare and Equality of Opportunity under Articles 14 and 16 of the Constitution
Compassionate appointment occupies an uneasy position in Indian public service law. Conceived as an exceptional measure to relieve the immediate financial distress of families of government employees who die in harness or are medically incapacitated, it departs from the general rule of open, merit-based recruitment under Articles 14 and 16 of the Constitution of India. This paper examines whether, and on what conditions, that departure is constitutionally defensible. Using a doctrinal methodology, it analyses constitutional provisions, service rules and judicial decisions, taking the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, as amended in 2025, as a state-level illustration. It argues that the courts treat compassionate appointment as a limited, scheme-based welfare exception grounded in need, and not as a vested right. It shows, however, that the insistence on immediacy sits uneasily with administrative delay, that need is assessed through inconsistent proxies, that the authorities disagree on which version of a scheme governs a claim, and that the Supreme Court's two decisions of late 2025 are best read as addressing different claims and not as conflicting. The paper concludes that the exception can be reconciled with equality of opportunity only under clear, uniform and time-bound criteria, with reasoned decisions and consistent judicial scrutiny, and it offers nine reform recommendations.
#Compassionate Appointment#Public Employment#Articles 14 And 16
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Constitutional Law·Volume 2·Issue 1
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Between Cure and Confiscation: Constitutional Boundaries of Retrospective Taxation and the Evolution of the 'Vested Rights' Doctrine in India
India's relationship with retrospective taxation is an enduring constitutional puzzle. Parliament and State legislatures indisputably possess the power to tax retrospectively, and the Supreme Court has, since the 1960s, treated the objection that a tax law 'operates in the past' as insufficient, in itself, to invalidate it. Yet the 2012 amendments that reversed Vodafone International Holdings BV v Union of India, the subsequent international arbitral awards against India, the statutory retreat of 2021, the 2025 legislative override of the Court's decision on input tax credit for 'plant or machinery' under the GST law, and the Supreme Court's 2026 decisions in Gameskraft and Asia Sugar all show that the doctrinal line between a legitimate 'clarificatory' or 'curative' amendment and an arbitrary, confiscatory re-writing of the past remains blurred. This paper reconstructs the evolution of the jurisprudence from its plenary-power origins through the validation cases, the reasonableness-of-retrospectivity cases, and the post-Shayara Bano doctrine of manifest arbitrariness. It examines, in particular, the intersection of retrospective fiscal clarifications with article 14 (equality and arbitrariness) and article 19(1) (g) (the freedom to practise any profession or carry on any trade), highlighting a neglected threshold problem: article 19(1)(g) is available only to citizens, so that foreign investors, and companies as such, must ordinarily rely on article 14, article 300A and the rule-of-law dimension of article 265. Drawing on comparative materials (the United States, Germany, the European Convention system and investment-treaty arbitration) and on the economic literature on legal transitions, the paper proposes a structured, six-stage Curative– Expropriatory Test: (1) genuineness of the defect or ambiguity; (2) removal of the juridical basis of any contrary judgment; (3) contemporaneous evidence of legislative intent; (4) weight 1 Fifth-semester law student, Dr Babasaheb Ambedkar School of Law, Rashtrasant Tukadoji Maharaj Nagpur University (RTMNU), Nagpur. and legitimacy of reliance interests; (5) proportionality of temporal reach, quantum and collateral consequences; and (6) a remedial principle of moderated retrospectivity, which severs punitive consequences and interest while upholding the principal levy. The test is applied to the 2012 amendments, to the 2025 GST override, and to the 2026 decisions, and a model statutory restraint is offered as institutional complement.
#Retrospective Taxation#Vested Rights Doctrine#Constitutional Law
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Human Rights·Volume 2·Issue 1
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Women's Awareness of Property Rights and Available Legal Remedies
Artificial intelligence (AI) is rapidly transforming education through generative AI, adaptive learning systems, automated assessment, learning analytics and algorithmic decision-making. These technologies offer significant opportunities to expand access to educational resources, personalise learning and support teachers. However, their integration into education also raises fundamental human-rights concerns relating to equality, non-discrimination, privacy, human dignity, autonomy, accountability and meaningful participation. This article examines AI in education through the contemporary international human-rights regime, with particular emphasis on the right to education. It argues that the traditional digital divide is evolving into an AI divide: inequality increasingly concerns not only access to electricity, devices and internet connectivity, but also access to capable AI systems, digital and AI literacy, quality data, local-language resources and the institutional capacity to participate in and challenge AI-mediated decisions. Drawing upon international human-rights instruments, United Nations and UNESCO materials, African regional policy and recent scholarship, the article applies the availability, accessibility, acceptability and adaptability framework to AI-enabled education. It examines algorithmic discrimination, educational data, children's rights, human agency, teachers' roles, transparency and linguistic inequality. It proposes an eight-principle human-rights framework based on meaningful universal access, equality and non-discrimination, inclusion and accessibility, privacy and data protection, human agency and oversight, transparency and explainability, accountability and effective remedy, and participation. The article concludes that the legitimacy of AI in education should not be measured by technological sophistication or efficiency alone. Rather, AI should be governed as a means of advancing the right to education while preserving human dignity, equality and agency.
#Ai In Education#Right To Education#Algorithmic Discrimination
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Constitutional Law·Volume 2·Issue 1
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Santhara Beyond Suicide: Constitutional Autonomy, Religious Freedom and the Limits of Essential Religious Practices
Indian courts addressing the Jain practice of Santhara (Sallekhana) have asked whether it is suicide, which Article 21 does not protect, or passive euthanasia, which Common Cause v Union of India protects under strict medical safeguards. This article argues that neither category fits. Both were built for clinical futility. Santhara is usually undertaken by people who are not yet dying and who are not under a clinician's care when the vow begins. The article traces the case law from Maruti Shripati Dubal to Harish Rana v Union of India (2026). It examines the stayed Rajasthan High Court decision in Nikhil Soni v Union of India. It separates Santhara from suicide, passive euthanasia, active euthanasia and physician-assisted dying. It also asks whether Santhara meets the elements of suicide under sections 107 and 108 of the Bharatiya Nyaya Sanhita 2023. The article then argues that the Essential Religious Practices doctrine should not decide individual cases. That doctrine asks whether a practice is theologically essential. The state's legitimate concern is capacity and coercion. Building on this point, the article proposes a capacity-and-coercion framework as a legislative option. The framework rests on capacity, voluntariness, reversibility and independent verification. It borrows procedural safeguards, and only those, from the Dutch and Californian assisted-dying statutes. The article tests the proposal against its strongest objections, including the 2025 death of a three-year-old child in Indore. It concludes that Indian law offers no adequate answer for the elderly, competent Jain adult who chooses Santhara. The article does not claim that the Constitution compels a specific outcome. Existing doctrine leaves the question open. The legislature, and eventually the Supreme Court in the pending Nikhil Soni appeal, should resolve it.
#Santhara#Sallekhana#Religious Freedom
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Human Rights·Volume 2·Issue 1
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The Shrinking Public Sphere: Human Rights, Digital Citizenship & Mobility in Times of Crisis
The world is undergoing a significant crisis in the overall human rights landscape, marked by an alarming shrinking of civic space, where civil society organizations and those who hold dissenting views face an ever-increasing degree of repression, monitoring, and legalistic attempts at containment. As democratic backsliding gathers momentum worldwide, governments are using highly sophisticated measures, including everything from funding regulations to digital monitoring and harassment of human rights activists, to restrict freedom of association, assembly, and expression. This overall shrinking of civic space is an effort to silence any form of critical inquiry, accountability, and political opposition. This study will examine the complex relationship between the attempts by governments to restrict dissent and civil society's attempts at protecting human rights, with the overall thesis that the preservation of civic space is essential to the maintenance of democratic integrity and the attempts by governments to restrict dissent and civil society's attempts at protecting human rights, with the overall thesis that the preservation of civic space is essential to the maintenance of democratic integrity and the upholding of international human rights standards.
#Civic Space#Digital Citizenship#Human Rights
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Human Rights·Volume 2·Issue 1
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A Critical Analysis on the Ethics of Biopiracy and Its Impact on Indigenous Communities
Leaving behind is indispensable for moving forward. It mainly applies to technological developments. To promote and achieve creativity and innovation, especially in the scientific field, the complete exclusion of damage may not be possible, but sustainable development is feasible. The resources of the future are guarded by sustainable development, thereby preventing the exploitation of natural resources and the environment. Both IPR and sustainable development are interconnected as they mutually support innovation. Economic growth is aided and challenges are addressed globally. IP assists research essential for sustainable development in fields like health and agriculture. Green technology promotes the mitigation of climate change and aids in the research of renewable energy. IPR offers protection against biopiracy and protects traditional knowledge. Indigenous communities often possess measures and suggestions for sustainable development. IPR makes sure that no developing country is exploited by a developed nation that has all the means to extract monetary benefits through knowledge of the developing nations. IPR offers coverage globally over products of innovation and creativity. It also facilitates the use of those products all across the world. It aims to uphold the concept of the "greater good." IPR acknowledges and distributes technology that supports sustainable development, but it condemns biopiracy. The indigenous communities that are victims of Biopiracy are exploited and left with no credit, authority, or monetary compensation. The WIPO supports the usage of IP in the public domain, but it also protects traditional knowledge through patents, copyrights, et cetera. This paper aims to discuss the persistent discourse between the goals of intellectual property and sustainable development. It also elaborates on how the theft of traditional knowledge affects people who possess concerned cultural and spiritual identities.
#Biopiracy#Indigenous Knowledge#Intellectual Property Rights
The path of transgender individuals from societal marginalization to political leadership highlights their growing representation and impact in governance. Transgender people are not just a part of the fabric of society, they are the fabric of society. Historically, transgender people have encountered structural obstacles to engaging in political affairs, such as prejudice, inadequate legal safeguards and widespread social bias. The rights of transgender individuals are safeguarded by various international and regional frameworks. However, discriminatory national laws, policies, and practices that target transgender people, such as burdensome procedures for altering identification documents, undermine their rights and hinder their access to justice. This leads to severe human rights violations by both state actors and society at large. Globally transgender people face profound social exclusion, which heightens their vulnerability to HIV, other health issues, including limited access to education and employment, and diminished opportunities for economic and social mobility. Furthermore, animosity and hostility toward those who challenge conventional gender norms often result in violent attacks against them. However, recent strides in legal reforms, human rights advocacy, and increased visibility have paved the way for transgender individuals to not only challenge these barriers but also step into leadership roles. This paper examines the challenges and opportunities in the inclusion of transgender voices in governance, highlighting case studies of transgender politicians and activists who have broken barriers to leadership. By analyzing the role of legal reforms, social movements and public awareness campaigns, it focuses on the inclusion of transgender individuals in governance as not only a matter of justice but also enriches democratic processes. In conclusion, the paper emphasizes the critical need for sustained legal, social, and cultural initiatives to ensure transgender individuals have equal access to political positions and leadership opportunities.
Generative artificial intelligence has changed how people prepare and share digital content. A user can now create or edit text, images, voices and videos within a very short time. These tools are useful in education, business, entertainment and many other areas. However, they can also be misused. For example, a person may use AI to imitate another person's voice, prepare a fake intimate image, spread a false video or support an online fraud. Such incidents raise an important question: who should be held criminally responsible when AI-generated content is used to harm someone?
The answer depends on the facts of each case. The person who gives the prompt, the developer who designs the tool, the organisation that uses it and the platform that shares the content may have different roles. This paper examines whether traditional principles of criminal law, including actus reus, mens rea, causation and individual responsibility, can deal with these situations. It follows a doctrinal and comparative method and considers selected legal developments in the European Union, the United States, the United Kingdom and the Council of Europe. A qualitative comparative matrix is used to examine the legal materials. The study finds that existing criminal laws can cover many forms of deliberate misuse, but practical difficulties remain in identifying offenders, proving intention, collecting digital evidence and investigating cases across borders. The paper argues that a balanced legal response should focus on the conduct and responsibility of each actor. It should protect victims without treating every error made by an AI system as a crime.
In India, the effects of a development project on nature and on people are judged in different rooms. Environmental Impact Assessment (EIA) is carried out under the EIA Notification, 2006, by environmental regulators, for projects of a listed type and size. Social Impact Assessment (SIA) is carried out under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by land acquisition authorities, and only when land is compulsorily acquired. This article examines what that separation costs. It identifies three problems: social harms that escape assessment altogether, consultation that is split across several forums, and decisions taken without a full view of a project's consequences. It reviews signals from the Supreme Court and the National Green Tribunal that environmental and social questions cannot be kept apart, and draws on the World Bank, the European Union and South Africa for workable models. It concludes by proposing five reforms that can be introduced within India's present constitutional and statutory framework, beginning with amendments to the EIA Notification that the Union can make on its own.
Suicide is a complex issue that continues to exist in Indian society even today. Some individuals may feel that ending their lives is the only way to escape the difficulties and challenges they are facing. When such an attempt does not result in death, it is considered an attempt to commit suicide. Over time, the law relating to attempt to commit suicide in India has changed considerably. Earlier, under Section 309 of the Indian Penal Code, 1860, an attempt to commit suicide was made a punishable offence, and this approach was often criticised because a person who survives a suicide attempt may already be facing serious emotional, social or personal difficulties and may require support and care rather than punishment. The Mental Healthcare Act, 2017 brought an important change by recognising the severe stress faced by persons attempting suicide and emphasising care, treatment and rehabilitation. Subsequently, the Bharatiya Nyaya Sanhita, 2023 removed the general offence of attempt to suicide while retaining criminal liability only where the act is done with the intention of compelling or restraining a public servant from discharging official duties. This provision of BNS is particularly relevant to hunger strikes, which have historically been used in India as a method of protest to address grievances and demand governmental action. This article examines the changing legal approach towards attempted suicide and the legal position of hunger strikes in the context of criminal law and constitutional freedoms. It argues that a hunger strike should not automatically be treated as criminal offence and highlights the importance of examining the intention of the person and the circumstances of each case before applying Section 226 of the BNS.
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Technology & Law·Volume 2·Issue 1
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Liability for Damage Caused by Private Space Activities: A Critical Analysis of the Private Autonomous Space Agency
Commercial space activity has shifted from state-led exploration to a mixed ecosystem of private launch providers, satellite operators, constellation managers, space-tourism ventures and increasingly autonomous systems. These actors create public benefits, but also expose people, property, aircraft, spacecraft and the orbital environment to risks crossing territorial boundaries. The legal difficulty is that the entity controlling an operational risk may be a corporation, while international responsibility and treaty claims attach principally to States. An individual whose property is damaged by debris cannot independently initiate a Liability Convention claim. This creates a gap between international responsibility, operator-level fault and access to compensation.
#Space Law#Private Space Activities#Liability
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Technology & Law·Volume 2·Issue 1
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Trade-Based Money Laundering in International Finance: Legal Loopholes, Regulatory Challenges and the Role of Trade Finance
Trade-Based Money Laundering (TBML) disguises the proceeds of crime through legitimate cross-border trade by employing techniques such as over-invoicing, under-invoicing, multiple invoicing, phantom shipments, and misdescription of goods. Opaque corporate structures and divergent national regulatory frameworks further complicate its detection. Adopting a doctrinal approach, this article critically examines India's legal framework for combating TBML under the Prevention of Money Laundering Act, 2002, the Foreign Exchange Management Act, 1999, the Customs Act, 1962, and applicable banking regulations, with reference to relevant Financial Action Task Force (FATF) standards. It identifies key regulatory weaknesses, including fragmented institutional oversight, difficulties in tracing ultimate beneficial ownership, reliance on trade documentation, and limitations in cross-border enforcement. The article also examines the dual role of trade finance instruments, particularly letters of credit and documentary collections, which facilitate international commerce but may also be exploited to legitimise suspicious transactions. It argues that statutory provisions alone are insufficient to address TBML effectively. An integrated, risk-based regulatory approach is necessary, incorporating coordinated enforcement, improved inter-agency information sharing, technology-assisted trade monitoring, greater corporate transparency, and stronger international cooperation.
The Right to Publicity has emerged as a significant legal concept in the protection of an individual’s identity against unauthorised commercial exploitation. An individual’s name, image, voice, likeness, and other distinctive attributes may possess substantial commercial value, yet their use without consent raises serious concerns regarding privacy, dignity, autonomy, and intellectual property. This paper examines the evolution and legal recognition of the Right to Publicity, with particular emphasis on the Indian legal framework and its comparative development in the United States and the European Union. In India, the right has primarily developed through judicial interpretation as an extension of the Right to Privacy under Article 21 of the Constitution, supported by principles of intellectual property protection and the common law of passing off. Landmark judicial decisions, including ICC Development (International) Ltd. v. Arvee Enterprises, D.M. Entertainment Pvt. Ltd. v. Baby Gift House, and Titan Industries Ltd. v. M/s Ramkumar Jewellers, illustrate the judiciary’s efforts to prevent the unauthorised commercial appropriation of personal identity. The paper further analyses emerging challenges arising from social media, artificial intelligence, deepfakes, digital avatars, and virtual platforms, which have made the reproduction and commercial exploitation of personal identity increasingly accessible and difficult to regulate. It also examines the tension between publicity rights and constitutionally protected freedoms of speech and expression, artistic creativity, satire, and legitimate public discourse. Adopting a doctrinal and comparative approach, the study argues that India’s existing fragmented legal framework requires greater clarity and consistency. It recommends the enactment of dedicated legislation defining the scope of publicity rights, establishing effective remedies, and incorporating appropriate safeguards for freedom of expression. The paper ultimately emphasises the need to balance commercial interests with individual dignity, technological innovation, and the fundamental principle that every person should retain meaningful control over the commercial use of their identity.
#Right To Publicity#Personality Rights#Commercial Exploitation
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Technology & Law·Volume 2·Issue 1
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Promotion and Regulation of Online Gaming Act, 2025: A Legal, Constitutional, Social and Comparative Study
The transformation of entertainment through digital technologies has created a complex regulatory challenge for contemporary legal systems. Online gaming has emerged as an important component of India's digital economy, generating opportunities in software development, electronic sports, creative industries, digital entrepreneurship and technological innovation. Simultaneously, the expansion of online money gaming has raised serious concerns regarding financial vulnerability, compulsive gaming behaviour, consumer deception, data protection, cybercrime and the protection of minors. The conflict between economic innovation and social protection has consequently become a significant issue in Indian constitutional and regulatory law.
Against this background, Parliament enacted the Promotion and Regulation of Online Gaming Act, 2025, which establishes a national legislative framework for the development of electronic sports and online social games while prohibiting the offering, facilitation, advertising and financial processing of online money games. The Promotion and Regulation of Online Gaming Rules, 2026, which came into force on 1 May 2026, provide an implementation framework for the statutory scheme. The legislation represents a substantial departure from earlier approaches that frequently relied upon distinctions between games of skill and games of chance, as well as a fragmented combination of state gambling laws and general information technology regulations.
This paper critically examines the legislative objectives, institutional arrangements, prohibitions and enforcement mechanisms of the Act. Particular attention is given to the constitutional distribution of legislative powers under Articles 245, 246 and 248 and the Seventh Schedule; the relationship between Entry 34 of the State List and Entry 31 of the Union List; the freedoms guaranteed under Article 19(1)(g); the equality principle under Article 14; personal liberty under Article 21; and the implications of digital surveillance and search powers for informational privacy. The analysis also evaluates the relevance of leading Indian judicial decisions concerning gambling, games of skill, commercial freedom and proportionality.
A comparative assessment of the United States and the United Kingdom illustrates the different ways in which legal systems respond to online gaming risks. Whereas the United States combines federal restrictions with substantial state-level regulatory autonomy, the United Kingdom employs a licensing-oriented framework under the Gambling Act 2005. These approaches provide useful, although not directly interchangeable, models for evaluating India's prohibition-centred strategy.
The paper argues that protecting vulnerable users is a legitimate and important legislative objective, but the effectiveness and constitutional sustainability of regulation depend upon precise definitions, transparent classification, proportionate enforcement, procedural safeguards and independent review. It recommends a comprehensive regulatory approach incorporating evidence-based policymaking, safeguards against unlawful offshore operations, effective grievance redressal, privacy-preserving age verification, consumer education and periodic legislative evaluation. The central conclusion is that digital gaming governance must reconcile public welfare with constitutional accountability and technological development.
#Online Gaming Regulation#Digital Economy#Constitutional Law
