GLS Law Journal

Strengthening Protection of Artificial Intelligence in India: A New Emerging Trends in Intellectual Property Laws

Shashirekha Malagi — 2025-02-01

Nowadays Artificial Intelligence is a very emerging technology in our life. It will change the lifestyle of everyone from the Technology Industry to normal people, their communities and society, almost entirely in ways that improve human health, safety and productivity. India has taken steps to encourage the responsible and inclusive development of AI for economic progress. The National strategy on AI document of 2018, released by India’s NITI Aayog, Covers training, research and development, centers of excellence, data accessibility and high computing infrastructure. In this paper researcher is mainly focusing on the protection of artificial intelligence from legal point of view.

India’s Journey Towards Development: Creche System and Women Workforce

Anjanah GJ — 2025-02-01

India is growing with the object of becoming a developed nation by 2047, which marks the centenary of Indian independence from the Britishers. India as a country in its economic terms is improving; there is huge economic growth and more investors are coming into India, which is complimentary to the increase in employment opportunities. Many Indians are motivated to become self-employed, in the fancier version of “entrepreneurs”. With all these booms of development, what we need to check up on is the equal participation of men and women in the workforce. If women do not have equal participation in development, then the men will be overburdened, and women will be underdeveloped. To prevent these two consequences from occurring, what can be done is the inclusion of an equal number of women in the workforce. Women often due to their feminine and nurturing character opt to stay back at home after conceiving or after childbirth. But if women have a satisfying alternative, then they might not choose to leave their jobs. This will lead to the inclusion of women into the workforce, lessening the burden of men’s earnings and ultimately will lead to the economic growth of the nation.

The authors in this paper will discuss the importance of the creche system and the impact that when a woman’s burden is shared and her focus is shifted towards her passion, her economic independence and what the nation attains is development not only economically but also socially. The paper will also focus on implementation and ground realities faced in creche facilities in India.

Shaping Justice: The Legacy of Mathura Rape Case on Indian Legal System

Navin Kumar — 2025-02-01

This paper examines the Mathura rape case, which represents a significant milestone in the advancement of women's rights in India. The case initially resulted in the accused being acquitted due to contentious interpretations of consent, which sparked extensive criticism and public outrage. This decision overturned the acquittal of the accused and voiced out new requirements for consent. It also called attention to institutional defects within the judicial system treating women. This research provides a broad view of how the Mathura case affected law making, which led to the promotion of women's rights along with their human dignity in India. The analysis includes legislative Acts, court judgments, research papers, and publications. The findings highlight the significance of the case in beginning a larger campaign for gender justice, demonstrating the crucial overlap between legislation and social change in promoting women's rights.

Dynamism of Theories of Justice: Decoding John Rawls & Amartya Sen’s Theories

Shelal Lodhi Rajput — 2025-02-01

The concept of justice is somewhat complex and there are different facets that has been unraveled by different philosophers, scholars and other academicians. The aspect of social justice is always celebrated in the jurisprudential aspect as it is one of the core aspects that has a strong nexus with the legal facets particularly amongst other forms of justice. The philosophy of political, justice and social sciences is the core domain that is impliedly discussed by various academicians and scholars with respect to a just and fair society. In this paper, researcher critically evaluates the theory of justice by taking into account the two most famous theories proposed by two eminent personnel of their time. First one is of John Rawls in 1971 in which he beautifully enshrined the aspect of positive discrimination and distributive justice under the umbrella of social justice and second one is the work of Noble laureate, Amartya Sen. He provides a new notion on the idea of justice through his pathbreaking work on concept of justice which is also a critique of John Rawl’s Work-Theory of Justice.

In the present work, researcher has dealt the concept of justice in the light of proposed work on same by the highlighted personnel in different phase. This paper provides a critical analysis coupled with the litmus understanding of the substance of Rawl’s and Sen’s notion of justice with the conceptual, practical as well as analytical perspective of the concept of justice by examining the theories as per their evolution and relevance in the instant time. The paper in toto presents the main concepts, appraisal, dominant criticisms and the current approach of researcher for understanding with a view to further decode that Sen’s contribution is a global framework for the discourse of social justice.

Victim Compensation and Restorative Justice in India: A Comprehensive Analysis of Progress and Challenges

Srijon Banerjee — 2025-02-01

Victimology is a growing field in the criminal justice system, which acknowledges the need to address the harm done to victims of crime. One of the essential components of restorative justice is victim compensation schemes, which provide a means of redress to victims and empower them in the process of repairing the harm. In India, victim compensation schemes are an important development in the pursuit of restorative justice, as they provide victims with a voice and help them recover from the effects of crime. This research paper examines the complex landscape of victim compensation and restorative justice in the context of the Indian criminal justice system through statues like India Penal Code and landmark cases. Despite significant efforts to address the plight of crime victims, a comprehensive analysis of the developments and challenges in this realm is indispensable. The emergence of compensatory jurisprudence in light of the human rights of the victims is a positive philosophy. It underlines the observance of the doctrine of natural justice in the form of State Liability in the space of compensatory jurisprudence in this contemporary era. Compensatory justice to crime victims covers both areas viz., compensation from the accused and compensation from the state. The research acknowledges the prevailing challenges that plague victim compensation and restorative justice systems in India. Inadequate awareness among victims regarding available compensation schemes, lack of uniformity in compensation amounts, bureaucratic delays, and societal stigmatization of restorative justice are among the pressing issues addressed. Drawing from empirical data and case studies, this research puts forth viable strategies to strengthen victim compensation schemes and promote the wider adoption of restorative justice practices. The paper advocates for a victim-centric approach to Indian criminal system. It is anticipated that this study will contribute significantly to the ongoing discourse on criminal justice reform in India, fostering increased awareness and sensitivity towards the rights and welfare of crime victims.

A critical analysis of the Guidelines on vigilance clearance mechanism in the light of Revised Vigilance Clearance Guidelines of the Department of Personnel and Training dated 09th October 2024

V. Satya Venkata Rao — 2025-02-01

The importance of having an unblemished record at workplace cannot be overemphasized. The difficulties and legal wrangles that the employees may find themselves in case they face disciplinary and/or criminal proceedings may lead to unpleasantness besides bringing in financial hardship, reputational damage etc. The careers of many government employees and employees working in public sector gets a severe jolt once they find themselves in a state of facing legal proceedings either from the employer or from the State (i.e the Criminal Law of the Land). The requirement of obtaining vigilance clearance at various stages of the career of an employee places him in a situation of being adherent to always discipline and good conduct. The granting of vigilance clearance can become a severe constraint for career progression as well at the time of exit if the employee comes under the ambit of vigilance angle.

This Article delves into the guidelines issued by the Department of Personnel and Training vide Office Memorandum dated 9^th October 2024. The guidelines indeed have plugged a deep hole by which an employee is left in the lurch i.e after permission under Section 17A of the Prevention of Corruption is granted to the investigating agency. The revised guidelines make it necessary that a chargesheet should be filed within 3 months after the permission is granted. While this is a welcome change giving huge relief to the vast millions of employees, the guidelines however are silent with regard to the existing cases where permission has been granted but chargesheet has not been served after the period of 3 months. This Article examines the revised guidelines and highlights a few gaps which still remain. The Author makes out an attempt to seek further modification of the guidelines and also extend the applicability to all the employees covered by the Prevention of Corruption Act 1988.

Reproductive Autonomy in a Globalized Context: The Supreme Court’s Impact on Abortion Laws in India

Arunav Bhattacharjya — 2025-02-01

In any democracy, for a vibrant and dynamic judiciary to perform, it is not always about doing justice but rather paving the way on how the justice is done, as per facts and circumstances and the dynamism of the society. In arriving at the same, the courts employ different tools/aids to interpret the Constitution, the supreme law of the land, in a way that it furthers both the purpose and text of the provision. Over the years, owing to the dynamic interpretation of the courts and various legislation actions, women in India has achieved a certain degree of protection and social status, nearly meeting the required international standards. The Indian Constitution as an empowering document consists of equality clauses. But mere existence of it as black letters of law serves no purpose to further the gender justice discourse. While gender justice remains an ongoing discourse in India, several special legislations exist to further the rights of women and in the process reducing gender disparities and inequalities. These include the Protection of Women from Domestic Violence Act, 2005, Medical Termination of Pregnancy Act, 1971, the Maternity Benefit Act, 1961 to name a few. Even in the recent X v. Principal Secretary, the Supreme Court by virtue of purposive interpretation, brought ripple effects to feminist jurisprudence by extending abortion rights to unmarried women. This paper will thus seek to explore the evolving jurisprudence on abortion and the growing call for the liberalization of such rights, outline the concept of gender justice with reference to the role played by the Supreme Court of India to meet global legal standards of rights of women, and an analysis of the aforesaid case wherein the court dealt with the social stigma on unmarried women. The paper also seeks to delve into the philosophical discourse and ethical dilemmas women have to endure as regards their reproductive autonomy and its challenges in a multicultural society.

The Indian Constitution: A tumbler both half full and half empty

Shrome Garg — 2025-02-01

The Indian Constitution, a remarkable document that has withstood the test of time, is often debated in terms of its effectiveness in realizing its foundational objectives. At seventy-three years since its adoption, the Constitution continues to shape the nation’s democratic and legal framework, yet significant challenges persist. While its survival defied early predictions of failure, mere endurance is not the sole measure of a constitution’s success. The real test lies in its ability to uphold justice, liberty, and equality while adapting to the evolving socio-political landscape of India. This paper critically examines the extent to which the Constitution has achieved its intended goals and highlights areas where it has fallen short. It discusses social movements such as labor, Dalit, environmental, and women’s rights movements that have continuously shaped constitutional discourse, often exposing gaps in the system. The paper also explores structural issues, including the excessive length and complexity of the Constitution, ineffective implementation of Directive Principles of State Policy, outdated provisions inherited from colonial-era laws, and the need for reforms in reservations and economic policies.

A key concern raised is whether the Constitution truly reflects the will of the people or if it has become a tool for political maneuvering. The discussion extends to the need for clearer constitutional morality, a more participatory democracy, and a stronger alignment between fundamental rights and directive principles. Issues such as judicial review, religious and caste-based privileges, and evolving governance challenges are also analysed. The study concludes that while the Constitution remains a robust framework for governance, critical reforms are necessary to ensure its continued relevance in addressing modern socio-economic realities. India’s constitutional journey is thus a paradox—both a success and a work in progress.

Purview of Trade Dress Protection in India

Anushka Singh — 2025-02-01

The article explores the concept of trade dress protection in the context of India's evolving legal landscape. Trade dress, the overall visual appearance and aesthetic identity of a product, is gaining significance due to its role in brand identity and consumer recognition. This article examines the origins of trade dress, its importance in consumer protection, and the challenges it poses in the Indian legal framework, where explicit provisions for trade dress are limited. Through a comprehensive analysis of judicial precedents, the article highlights landmark cases that have contributed to the development of trade dress protection in India, focusing on aspects such as packaging, shape, color combinations, and product form. The objective of trade dress is to prevent confusion among consumers and protect the unique features that distinguish a product in the market. While India is catching up with international norms, there is a need for a more robust and coherent legal framework to safeguard trade dress. The article concludes by emphasizing the importance of enhancing enforcement mechanisms and fostering a strong culture of trade dress protection to promote innovation, maintain fair competition, and instill consumer confidence in the marketplace.

A study on Exploration of the Potential Application of Renewable Energy in Promoting Environmental Sustainability in India

Bhumika Trivedi — 2025-02-01

Energy is the main topic of discussion worldwide, and one important way to differentiate different energy sources is by their effects on the environment. The main goals of renewable energy deployment in India are to reduce climate change, improve energy security, increase access to electricity, and promote economic growth. Utilizing renewable energy is essential to achieving sustainable development since it guarantees access to contemporary, economical, and dependable electricity. Renewable energy has garnered a lot of support as a climate change mitigation method since it is carbon and pollutant free, making it a competitive alternative to fossil fuels. It is gradually becoming a necessary component of the energy mix. Political pressures, governmental regulations, corporate sway, antiquated infrastructure, inadequate battery storage systems, and the state of the market are some of the obstacles that the renewable energy industry must overcome. Widespread use of renewable energy is still a ways off, with some obstacles coming from particular technologies and others from the infrastructure, laws, and market dynamics of today.