GLS Law Journal

Collapse of Education and Conflict-driven States in South Asia: A Detailed Analysis of Role of MDGs and SDGs

2025-12-31T09:20:14+00:00

We live in an age where education is considered as a universally recognised fundamental right and an important objective of the development of the world and yet millions of children living in certain conflict-driven countries are stuck in an educational distress that alarms to put them in an infinite loop of conflict, instability and poverty. This paper targets the examination of the issues which has led to the disconnection between multiple international educational commitments like Millennium Development Goals and Sustainable Development Goals from the brutal realities of different countries in the South Asian region like Afghanistan, Bangladesh and Sri Lanka. These nations have been not only been experiencing their own unique issues of political instability and corruption but also economic disasters, natural calamities, institutional failure and many more, which ultimately explains how this fragility has demolished the educational infrastructure, leading to total collapse of hopes for the future generations to enjoy their fundamental right to learn and grow. This paper seeks to demonstrate by the analysis of these three states that although the international community has produced thorough and detailed frameworks for addressing educational difficulties by these governments, there is still a significant implementation gap. The paper finally calls for a fundamental reconstruction of how education is protected and provided in contexts of complete failure and fragility, arguing that current approaches, despite the evolution from MDGs to SDGs, fail to adequately address the complex interrelation between political instability, security threats, economic collapse and educational access.

Virtual Stage, Real Work: Child Influencers and Universal Human Rights Norms

2025-12-31T09:41:03+00:00

With the rapidly changing socio-political and technological landscape, the definition and manifestation of child labor are also shifting beyond traditional industries. The discourse of child labor has traditionally focused on employment of children in physical spaces such as factories, fields and domestic work. Previously, global efforts have been made for putting an end to child labor, however, with rapid development of digital economy, a new form of child labor is emerging, though less visible but equally concerning. In the recent years, world has witnessed the rapid emergence of child influencers, often achieving celebrity status and substantial financial gains. While this new form of digital engagement provides ample opportunities for income and creativity, it also brings to the light serious implications about welfare of children, including risk of exposure to public scrutiny, psychological stress, absence of legal framework and most importantly financial exploitation in the hands of parents or guardians of such children. This article examines the phenomenon of child influencers on social media platforms like, YouTube and Instagram, where children often create monetized content that may erase the difference between creative expression and exploitative labor. This study then proceeds to critically analyze the ethical, psychological and legal aspects of digital participation of children, asking whether such activities violate the principles of International Human Rights outlined in frameworks like, Universal Declaration of Human Rights and United Nations Convention on the Rights of the Child. It further highlights the gaps in existing legal framework and protection of children from digital exploitation especially in countries like India, where the intricacies between technology, tradition and economic aspiration complicates regulatory oversight.

Space Mining and Environmental Hazards: Assessing India’s Legal and Institutional Preparedness

2025-12-31T09:41:00+00:00

Humanity has developed space mining into both a technological advancement frontier and an economic opportunity because it provides critical mineral resources beyond Earth together with water reserves and energy supplies. The pursuit of space resources creates multiple environmental risks which involve both orbital debris accumulation and the damage caused to celestial bodies and permanent destruction of outer space life systems. This paper examines environmental difficulties through India’s institutional and legal system while using an environmental lens. Despite the rising space exploration capability of the Indian Space Research Organisation (ISRO) India lacks detailed regulatory measures to handle ecological threats stemming from space mining operations. Indian space mining enterprises operate under broad guidelines from the Draft Space Activities Bill (2017) and the regulatory oversight of IN-SPACe due to minimal specific regulations. The Outer Space Treaty (1967) has India as a member though the country has not yet adopted the Moon Agreement (1979) which sets regulations for lunar resource extraction and environmental protection. Indifference in legal interpretation and void environmental standards about space protection exposes India to lack of preparedness for fulfilling its space environmental obligations. India’s strategic goals remain distant from its regulatory structures because they require urgent institutional changes. The research supports developing an active structured legal structure which combines space governance and environmental protection for India’s program. The researchers draw policy suggestions from US and Luxembourgian international legal models to advance India’s compliance with international environmental and ethical norms. The research delves into how India can contribute to developing sustainable space mining methods that benefit the Global South. The research demonstrates that India must implement regulations for environmental protection during space mining operations to preserve its ecological equilibrium and prove its responsibility as a nation engaging in space exploration.

Women and Healthcare in India: A Socio-Legal Analysis of the Contraceptive Burden on Women

2025-12-31T09:41:23+00:00

Healthcare is an unending and integral part of everyone’s life- from birth to death. Sickness doesn't discriminate, but man does. Every patient expects a diagnosis from a doctor who they believe prescribes what is in their best interest. But, when the system is patriarchal, the institution it establishes, the education it imparts, and the treatment it provides are all tainted with gender, biased towards one and ignorant of the other. The present article uses MacKinnon’s Social Construction to dissect the evolution of contraceptive burden on women. It begins by understanding how the burden of contraception fell on women using theoretical evidence. The second part of the article focuses on the materialization of the patriarchal structure in education and family unit. From exclusion of women as test-subjects and women specific maladies to construction of “appropriate feminine behaviour”, patriarchy digs its roots deeper. The third part of the article explains how aptly social construction is successful in building a discourse that meets its purpose. The author concludes by suggesting a way to change the discourse and poison the roots of patriarchy. Thus, the present article discusses the how the burden of contraceptive care falls on women from a socio-legal perspective and suggests measures to change the status-quo.

Rehabilitation v. Punishment: Evaluating Effectiveness in reducing Recidivism

2025-12-31T09:41:21+00:00

The study titled “Rehabilitation v. Punishment: Evaluating Effectiveness in Reducing Recidivism” critically analyzes the continuous conflict between punitive and rehabilitative measures within the criminal justice system. It traces the historical development of imprisonment from retaliation to correctional reform, examining the theoretical and conceptual foundations of punishment, rehabilitation, and recidivism. Under the Bharatiya Nyaya Sanhita, 2023, the study examines India’s current legal system, emphasizing both reformative measures like probation, parole, open prisons, and vocational training as well as punishment-based measures like imprisonment, fines, and the death penalty. The study also highlights the shortcomings of strictly punitive approaches in reducing reoffending through a comparative analysis and promotes a well-rounded, integrated strategy that include opportunities for reformation and reintegration with discipline. A paradigm shift towards restorative justice is reflected in recent legislative changes, such as the formal inclusion of community service as a punishment. The study concludes that in order to effectively lower recidivism and foster long-term social harmony and justice, offenders must be treated as reformable individuals who receive education, counseling, and skill development.

E-Governance: A Glimpse in The Northeastern States of Assam

2025-12-31T09:41:18+00:00

“E- Governance” has emerged as an integral instrument for attaining efficiency, accountability, and transparency in governance as a result of the quick development of information technologies (ICT), which has completely changed the government’s operational environment. With an emphasis on the State of Assam and the Northeastern area, this piece of literature examines the conceptual underpinnings, implementation frameworks, and real- world applications of e-governance in India. It investigates at how national programs like the National e- Government Plan and the Digital India campaign have improved service delivery through e- District, Sadhbhavana, Kritagyata and Darpan and enabled the digital transformation of government institutions.

The research study identifies enduring issues such as poor ICT infrastructure, digital illiteracy, and connectivity gaps in rural and distant locations, while also highlighting the benefits of e-governance, such as increased accessibility, public participation and administrative efficiency. This study highlights the significance of capacity- building, infrastructure investment and inclusive policy design in achieving the full potential of e- governance by examining Assam’s advancements and technological limitations. In the culmination, the study concludes that in Northeast India, efficient e-governance can act as a stimulant for long- term socioeconomic growth and democratic participation.

Behind the Closed Doors: The Crime of Marital Rape

2025-12-31T09:41:41+00:00

They say women are equal in society, but even after 76 years of India’s independence, the old notions of male supremacy, men being the head of the family and women being subservient to men, prevails. This is perhaps one of the major reasons for men committing crime on women.

Amongst the category of crimes, Rape is one of the most henious crimes committed on women as it not only affects her physically but leaves a scar to her soul. The Indian Penal Code, 1860 defines rape in section 375 and section 376 makes it punishable with imprisonment upto life. The problematic area which the researcher will be examining is exception (2) to section 375. The exception does not bring within its ambit the sexual acts committed by husband on his wife, thereby excluding rape happening in marriage and not recognising it as an offence. The Indian Penal Code does not recognise the requirement of ‘consent’ for wife and believes that wife upon marrying loses her right to say yes or no to sexual acts. In the present paper, the researcher would examine the prevailing criminal statutes of the country and suggest changes required in Indian Penal Code, 1860, Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973, now repealed with Bharatiya Nyay Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023 and Nagarik Suraksha Sanhita, 2023 respectively. In the process, the researcher will make use of doctrinal method.

Access to Justice in India and the Privatization of Legal Knowledge

2025-12-31T09:41:39+00:00

This paper explores how legal knowledge is a prerequisite for “Access to Justice” in India. I begin by grounding the idea of access to justice in global definitions and discuss literature wherein this correlation has been established. The Paper goes on to argue that justice is not only about courts or lawyers. It also requires that people understand the rights they hold and the duties that bind them. A person cannot seek a remedy if they do not know that a remedy exists. This simple truth drives the core claim of the paper: knowledge is a precondition to justice, not a luxury. The Paper examines how lack of legal awareness, weak civic education, and high dependence on private legal resources restrict public participation in law. The Paper highlights gaps in school education, limited government legal outreach, and the dominance of private publishers and legal databases. These systems create invisible barriers for ordinary citizens. They reward those who already understand law and push others to the margins. The paper reviews state programmes and digital reforms, but notes that most efforts focus on numerical outreach, not meaningful empowerment. The recommends stronger public legal education, open-access legal platforms, and community learning structures. The paper concludes that a democratic society must treat legal knowledge as a public good. Only then can access to justice become real, equal, and lasting.

Administrative Overreach: Challenges to Judicial Independence and the Constitutional Framework

2025-12-31T09:53:09+00:00

The relationship between the judiciary and the administrative bodies that exercise quasi-judicial powers have long been the subject of debate in India. While bodies such as regulatory commissions and tribunals play a crucial role in dispute adjudication and enforcement of statutory obligations, there still exist an overlapping of powers and irregularities in procedure, and instances of bias which have raised serious concerns regarding the independence and the sanctity of the judiciary. This paper undertakes a critical examination of whether the limitation of administrative powers is necessary to preserve the judicial autonomy within the constitutional framework of India. The paper further examines the historical evolution of the administrative law commencing with the early systems of governance, establishment of tribunals during the colonial era, and their extensive expansion in post-independence India. Various tribunals and institutions such as the Securities and Exchange Board of India, the National Green Tribunal, and the Income Tax Appellate Tribunal have developed their own parallel internal structures which is intended to ensure speedy disposal of cases. However, these bodies have created challenges which concern accountability, adherence, and transparency which often result in judicial scrutiny. Furthermore, constitutional safeguards against administrative actions have also been examined under Article 31, 136, and 226 which highlight the judiciary’s role in maintaining oversight. The study further concludes with the proposition of enhanced judicial oversight, transparent tribunal procedures, independent appointment mechanisms, and uniformity in procedural standards to ensure that administrative efficiency can coexist with judicial independence under the modern implications of the constitutional framework.

The Agricultural Remnant of Patriarchy: Analysis of the State-Level Non-Uniformity in Women’s Rights Over Agricultural Land in India

2025-12-31T09:55:55+00:00

A significant contribution of the 2005 Amendment lay in the deletion of Section 4(2) of the Hindu Succession Act, 1956, which restricted the Act from making laws related to succession upon the proponents of agricultural land. With the deletion of this provision, agricultural land became subject to this Act. However, this durational gap paved way for various state-level patriarchal laws related to emerge, which promulgated a blanket ban on the succession rights of women over agricultural land. Such laws are still upheld, regardless of the deletion of Section 4(2) of the Hindu Succession Act, 1956, since the main contention often brought up by the pleaders in defence is the constitutional overlap of agricultural land under the State list and succession under Concurrent list. Hence, rather than framing the rightful succession of a woman over agricultural land on the basis of her personal right, this subjugation becomes a contravention under the Constitutional matter. Such a lacuna is still persistent, since some states such as Himachal Pradesh, Uttar Pradesh and Punjab still uphold their state laws, while others have paved the way for the central Act to heed. This has become a heated discourse for judiciary with no plausible definitive direction. Hence, there lies a need to discern such state-level ambiguities and characterise women’s inheritance over agricultural land in a uniform manner.