GLS Law Journal

From Restraint to Reform: The Role of Judicial Activism in Addressing Contemporary Legal and Social Challenges

2025-07-09T08:28:07+00:00

India's legal and contemporary jurisprudential landscape has been profoundly shaped by judicial activism, particularly in addressing pressing social, political, and economic challenges. Over the decades, the Indian judiciary has transitioned from a phase of judicial restraint to one of assertive participation, significantly expanding the interpretation of fundamental rights to respond to evolving societal needs. Judicial activism has played a pivotal role in shaping the legal contours of modern democracies, including India, the United States, and South Africa. In the Indian context, this transformation is evident in landmark decisions such as Justice K.S. Puttaswamy v. Union of India and Vishaka v. State of Rajasthan, which illustrate the judiciary’s shift from a formalistic to a progressive jurisprudence committed to gender equality, privacy, and social justice. Comparatively, in the United States, Roe v. Wade (1973) epitomized judicial intervention in safeguarding reproductive rights, while its reversal in Dobbs v. Jackson Women’s Health Organization (2022) underscored the volatile nature of judicial interpretation. Similarly, South Africa’s Constitutional Court has employed judicial activism to redress historical injustices and enforce socioeconomic rights, as seen in Minister of Finance v. Van Heerden (2004) and Grootboom v. Government of South Africa (2000).

As India confronts emerging issues such as digital privacy, environmental degradation, and the rights of marginalized communities, judicial activism will continue to serve as a crucial instrument for advancing justice, liberty, and equality. Nonetheless, it remains imperative that such judicial interventions uphold the principles of constitutionalism, legislative supremacy, and democratic accountability.

Water for Food: Legal and Environmental Dimensions of Agricultural Water Trade in South Asia

2025-07-09T08:28:07+00:00

This paper provides a comprehensive legal analysis of water trade agreements in South Asia, focusing on their challenges, opportunities, and future directions, particularly in relation to agriculture. South Asia, home to several transboundary rivers, has long faced complexities in managing shared water resources. The legal frameworks governing water trade between countries like India, Pakistan, Nepal, and Bangladesh often face disputes due to competing demands, political tensions, and climate variability. These agreements are critical for the region's agricultural sector, which relies heavily on consistent water supply for irrigation and food production. The study highlights the challenges arising from existing agreements, such as inadequate dispute resolution mechanisms, lack of environmental safeguards, and insufficient consideration of the agricultural impact. It also explores opportunities for improved regional cooperation, sustainable water resource management, and better alignment of water trade agreements with climate adaptation strategies. Further, the paper discusses the need for future reforms that address the changing needs of agriculture, as the region faces increased water scarcity due to climate change. The research emphasizes the importance of integrating legal, environmental, and agricultural perspectives to ensure that water trade agreements foster long-term sustainability and food security in South Asia.

Jus In Rem and Jus In Personam – Whose Right Is It Anyway? A Deeper Dive into the Application of Judicial Precedents to Similarly Situated Persons in India in the context of the Supreme Court Judgement in The Director (Admn&HR) vs C.P. Mundinamani

2025-07-09T08:28:07+00:00

The Supreme Court’s decision in Director (Admn & HR), KPTCL v. C.P. Mundinamani has reignited debate around the doctrines of jus in rem and jus in personam, particularly regarding whether judicial precedents should automatically extend benefits to similarly situated individuals. The case involved denial of an earned annual increment to employees who retired a day before the increment’s effective date, prompting widespread litigation. While the Supreme Court upheld employees’ entitlement, authorities have since treated the judgment as binding only on the litigants, sparking further disputes. This article analyses the historical and jurisprudential foundations of jus in rem and jus in personam, the doctrine of stare decisis, and their interplay in Indian service law. It argues that narrowly categorising judgments as jus in personam undermines constitutional principles of equality, fuels repetitive litigation, and burdens the judiciary. A principled, proactive extension of judgments with broader implications is essential for fairness and administrative efficiency.

From Crime Scene to Courtroom: Recent Innovations in Fingerprint Analysis and the Shifting Landscape of Admissibility

2025-07-09T08:28:07+00:00

The field of fingerprint analysis has undergone significant changes in recent years, reshaping its role in forensic science and the courtroom. Traditionally regarded as a cornerstone of criminal identification, Recent advancements in technology, including enhance imaging techniques and automated fingerprint identification system, have improved the accuracy of fingerprint analysis. However, these innovations also highlight the challenges associated with human error and the complexities of matching latent prints, which can be affected by factors such as quality and clarity. The shifting landscape of admissibility is influenced by a growing demand for rigorous scientific validation of forensic methods. Courts are increasingly requiring that fingerprint evidence be supported by empirical data and standardized protocols, such as the ACE-V (Analysis, Comparison, Evaluation, and Verification) process. This shift reflects a broader trend in the legal system towards a more evidence-based approach, where the reliability of forensic techniques is critically assessed. Moreover, ongoing validation studies and collaborative efforts between forensic experts and legal professionals aim to establish clearer guidelines for the presentation of fingerprint evidence in court. These initiatives seek to enhance the credibility of fingerprint analysis while addressing concerns about error rates and wrongful convictions. As the legal landscape evolves, the integration of scientific rigor into fingerprint analysis will be essential for maintaining its integrity and ensuring justice in the courtroom.

Reframing Punishment: Buddhist and Jain Perspectives on Crime, Karma and Restorative Justice

2025-07-09T08:28:07+00:00

This paper examines how Buddhist and Jain philosophical traditions offer transformative perspectives on criminal justice, emphasizing healing, restoration, and moral development over retributive punishment. Through an analysis of karmic principles, the doctrine of interdependence, and the centrality of compassion in both traditions, this study demonstrates how ancient wisdom can inform contemporary restorative justice practices. The research reveals that both Buddhism and Jainism conceptualize crime not as isolated acts deserving punishment, but as manifestations of suffering and ignorance requiring compassionate intervention. By integrating these perspectives with modern restorative justice frameworks, criminal justice systems can shift from cycles of harm to processes of healing, accountability, and community restoration.

From Tradition to Trade: The Evolving Landscape of Geographical Indications Law

2025-07-09T08:29:19+00:00

Geographical Indications (GIs) play a crucial role in preserving traditional knowledge, promoting economic growth, and ensuring fair trade practices. Over the years, GI laws have evolved to address contemporary challenges in domestic and international markets. This article explores the transformation of GI protection from a tool for safeguarding regional heritage to a powerful mechanism for economic development and global trade. It examines recent legal advancements, policy changes, and landmark cases that have influenced GI registration and enforcement.

Global Approaches to Intellectual Property (IP) Protection in Digital Realm and Cyberspace Governance

2025-07-09T08:29:19+00:00

Globally, there have been several issues, problems and obstacles that have been labelled as “current hot topics”, “most discussed topics” and “burning issues” amongst which the most challenging one is the intellectual property (IP) protection in cyberspace in today’s era of technological advancement. Usually, the study of research is narrowed down to particular jurisdictions (countries/areas/regions) but this particular study is focused on studying the global approaches altogether to understand how various countries are working on protecting the intellectual properties in the cyberspace where they are most vulnerable to cyber attacks as well as theft. There are several approaches adopted by various countries be it the developed countries like U.S.A., and the developing countries like India. This study from a global perspective will be an insightful one as it’ll shed light on all the hidden as well as the least explored aspects of intellectual property protection in cyberspace as well as cyberspace governance. This paper will be a great way to understand how various nations work on protecting intellectual properties in the digital realm and cyberspace governance.

Safeguards or Symbolism? The Enforcement Crisis of Women’s and Children’s Rights in India

2025-07-09T08:29:19+00:00

Protection and empowerment of women and children remain at the forefront of the Indian Constitution framework by giving equality, justice, and dignity to the relationships and marginalized families. Despite an established Constitutional and legislative framework, the reality of lived experiences manifests systemic indifference and persistent socio-legal disparities. While the Indian Constitution enshrines provisions such as equality, prohibits exploitation, child labor, and affirmative actions for the empowerment of women and children, bureaucratic inefficiencies, cultural and institutional barriers hinder its effectiveness. The paper critically explores the disconnect between constitutional ideas and their limited realization through legislative safeguards. Additionally, the study considers whether the provisions effectively address children’s and women's vulnerabilities, and whether the intended purpose amounts to results. The paper uses a mixed-methods approach by combining doctrinal analysis with empirical research to assess whether rights-based safeguards for women and children are adequate. The paper comprehensively discusses the statutory law, the government reports, the NCRB, the NFHS data, and real-world case scenarios to explore the real-world implementation effectively. The Findings reveal stark disparities between legal mandates and their ground-level enforcement, including a 4% increase in violence against women and overwhelming judicial backlogs (95% case pendency). While judicial activism has expanded, these protection failures, such as inadequate victim support, infrastructure, and gender-insensitive law, undermine its efficiency. The paper underscores collaborative multidimensional reforms from all stakeholders, such as judicial capacity building, accountability, and targeted grassroots-level programmes to combat these challenges. The research indicates that going from constitutional commitments to social action entails legal reform and conscious and transformational change to protect the rights of women and children in India.

The Socioeconomic Implications of Biofuel Production and Environmental Sustainability: Myth or Reality

2025-07-09T08:29:18+00:00

The most essential issue that is being debated around the world is energy. Environmental friendliness of energy sources is a crucial differentiating feature. The fundamental goal of renewable energy is to promote economic development, improve energy security, increase energy access, and reduce climate change. Sustainable development can be achieved through the use of renewable energy and assuring citizens' access to affordable, reliable, sustainable, and contemporary energy. As a strategy of combating climate change, Bioenergy has gained widespread acceptance. It is pollution-free and free from carbon emission. It is the practical alternative to fossil fuels. Biofuels are growing in popularity as a sustainable, renewable energy source that might reduce a country's reliance on imported fossil fuels and increase energy self-sufficiency. Contrast to the limited supply, geopolitical unpredictability, and negative global repercussions of fossil fuel energy, it is becoming increasingly obvious that biofuels may be a practical source of renewable energy. Due to the high cost of production and chemical transformation processes, commercial biofuel production on a wide scale has not yet been achieved. Therefore, commercializing biomass-based biofuels requires an effective and cost-effective production technique. This article emphasizes an overview of renewable and sustainability for biofuel. Increasing the use of biofuels in developing countries is currently risky and uncertain due to unanticipated effects on food and biological resources. To achieve a more equitable balance between sustainability and the needs of the nation, the researcher will highlight the consequences on biological diversity and food for biofuel expansion in this chapter.

Effectiveness of the Insolvency and Bankruptcy Code in resolving NPA’s in Indian Banking Sector

2025-07-09T08:29:18+00:00

The rising burden of Non-Performing Assets (NPAs) in the Indian banking sector has posed a serious threat to financial stability and credit flow in the economy. In response, the Government of India introduced the Insolvency and Bankruptcy Code (IBC), 2016, to provide a time-bound and effective mechanism for insolvency resolution. This research paper examines the effectiveness of the IBC in resolving NPAs in the Indian banking system. Drawing upon doctrinal analysis of legal texts, landmark judgments, and empirical data from regulatory bodies such as the RBI and IBBI, the study evaluates the impact of the Code on recovery rates, resolution timelines, and institutional efficiency. It further explores the challenges faced in implementation, such as procedural delays, judicial bottlenecks, and misuse of the process. The findings suggest that while the IBC has led to significant improvements in debt resolution, persistent gaps remain. The paper concludes by recommending legal and institutional reforms to strengthen the Code’s effectiveness and ensure sustainable financial recovery in the banking sector.