Law Centre-II published First Volume of its Online Journal titled Delhi Journal of Contemporary Law in 2018.The Journal is peer reviewed with annual periodicity. It is in addition to our print journal National Capital Law Journal, which was started way back in 1996. The online journal is focused on contemporary issues of law. It consists of articles, short write ups, case comments and opinions. The Journal gives a platform to academicians, researchers, judges, advocates, students and others to express their original ideas with respect to contemporary issues. It carries e-ISSN Number 2582-4570.
IRRETRIEVABLE BREAKDOWN OF MARRIAGE AS A GROUND OF DIVORCE
The marriage in the Indian society is considered as a sacrament and the spouses are required to maintain this marital knot during their life. However, sometimes the marriage between the parties does not sustain. In these circumstances, Hindu Marriage Act provides for ground of divorce, however, the grounds are majorly based on the fault of one of the parties. Sometimes, there may be situations where the marriage is not workable at all and that is not due to fault of either party. Such situation is described as Irretrievable Breakdown of Marriage and it has not been statutorily recognised as ground of divorce by the legislature till now. However, the Hon’ble SC has in catena of judgements has granted divorce to the parties on the ground of irretrievable ground of marriage in order to complete justice and to mitigate the sufferings of the parties. However, at the international level the prevailing situation is somewhat different as it has been recognised by various countries as a ground of divorce. In view of peculiar socio-cultural factors prevailing in Indian society, this work discusses whether irretrievable breakdown of marriage should be statutorily recognised as a ground of dissolution of marriage between the parties. It also discusses the reasoning behind the supreme court judgements granting divorce on this ground and what is the stance of the government in this regard. It also discusses the challenges and the way forward in recognising such a ground for dissolution of marriage between the parties. ; Divorce Law in India; Hindu Marriage Act, 1955; Fault Theory; No-Fault Divorce; Judicial Activism; Article 142; Marriage Dissolution.
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THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021
With the rapid growth of science and technology, the field of assisted reproduction techniques has seen a quantum leap not only in the scientific aspect but also as a business model with rapidly mushrooming growth of ART clinics all over India and nearly complete regulatory vacuum. It thus created a situation where everyone was at risk of being exploited from the donor to the receiver and even the child born with the help of ART. This necessitated the creation of a law to regulate these ART clinics and safeguard the rights of all the parties involved . This situation led the parliament to pass the Assisted Reproductive Technology (Regulation) Act, 2021. The Act brings in the much-needed Standardisation, regularisation, and legal protection for the parties involved. But it also raises questions on the aspects on individual autonomy, privacy and the definition of family. The article discusses the provisions of the Act and the pertinent questions related to it.
Assisted Reproductive Technology (ART) Act, 2021
Artificial Intelligence (AI) has emerged as a transformative force across all sectors, with academia experiencing profound disruptions and opportunities in equal measure. From streamlining administrative tasks to revolutionising pedagogical practices and research methodologies, AI’s multifaceted influence warrants a detailed examination. This article critically explores the implications of AI in academic domains such as teaching, learning, research, ethics, academic integrity, and institutional policy. It evaluates the evolving role of educators, the rise of intelligent tutoring systems, algorithmic bias, data privacy concerns, and the challenges posed by AIgenerated content. While AI promises enhanced efficiency, accessibility, and innovation, it simultaneously raises concerns about dehumanisation, dependency, and ethical boundaries. This paper argues for a cautious yet proactive approach, advocating policy-driven, human-centric integration of AI within academia.
HARMONISING PROCEDURAL FAIRNESS AND EFFICIENCY
Arbitration has become a preferred means of dispute resolution in commercial disputes, commended for its flexibility, party autonomy and potential for swift resolution of disputes. However, this has largely been matched by the need to ensure procedural fairness, which can lead to increased cost, time, and complexity. Procedural due process mandates that all legal actions be fair and that each party engaged should be given notice of the arbitral proceedings and be treated equally before the legally constituted arbitral tribunal. Though in Arbitration the due process requirements are of great importance, where are their limitations? Can the equal treatment and procedural fairness occurs at the cost of arbitral efficiency? How far can this be stretched? The parties in arbitration are often worried about the delays, increased costs and extra “judicialization of the arbitral process” making it almost formal and parallel to litigation. The tension between procedural fairness and efficiency has emerged as a hallmark challenge for arbitration in modern contexts. Overindulgence in due process—commonly referred as "due process paranoia" can lead tribunals to over-accommodate procedures in anticipation of the validity of their awards, while overindulgence in efficiency can undermine the right of parties to a fair hearing. This article offers a critical evaluation of the underlying tension between these twin goals by examining institutional rules, national arbitration law, and related case law. Through comparative examination of India, the United Kingdom, Singapore, and international soft law regimes, the article explains how arbitral tribunals, institutions, and parties reconcile these competing demands. The article espouses a principled approach based on proportionality, procedural flexibility, and contextually determined discretion. It concludes by offering practical recommendations designed to harmonize fairness and efficiency, and thereby optimize the legitimacy and utility of arbitration as a means of resolving disputes.
AN EXAMINATION OF INTELLECTUAL PROPERTY FRAMEWORKS FOR THE PROTECTION OF TRADITIONAL MEDICINAL KNOWLEDGE
Existing scholarship on the intersection of intellectual property rights (IPR) and traditional medicinal knowledge (TMK) is often polarized, presenting a false dichotomy between the perceived inadequacies of conventional IPR systems and the vulnerabilities of TMK to misappropriation. Certain critical analyses further mischaracterize robust national protection strategies, such as India’s Traditional Knowledge Digital Library (TKDL), portraying them as instruments of state appropriation rather than defense. This paper respectfully disagrees with such untenable positions. We argue that these critiques fundamentally misread the geopolitical context of a post-TRIPS world and fail to appreciate the strategic necessity of a multi-pronged protection architecmere. This paper asserts a corrective thesis: India's multifaceted approach, which integrates defensive documentation (the CSIR-TKDL), a coherent legislative framework (The Patents Act, 1970; The Biological Diversity Act, 2002), and proactive international diplomacy, constitutes a legitimate, necessary, and replicable model for safeguarding national heritage while enabling equitable innovation. By examining the synergy between these defensive and positive protection measures, we demonstrate that India’s strategy is not a paradoxical appropriation but a sovereign fortification of cultural and intellectual territory. The recent adoption of the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge on 24 May 2024, which enshrines the principle of mandatory disclosure long championed by India, serves as a powerful vindication of this longstanding and principled stance. This paper provides a definitive reframing of the debate, positioning India's model as a blueprint for global policy in an era of increasing biopiracy.
Traditional Knowledge Digital Library (TKDL)
Recently, India passed the first legislation to regulate online gaming and promote e-sports. The Promotion and Regulation of Online Gaming Act, 2025, aims at promoting online gaming, including e-sports. With the rapid advancement of technology and the impact of pandemics, “Electronic Sports” (hereinafter “e-sports”) have emerged as a significant component of the gaming and sports industry. E-sports was a full-out medal event in the Asian Games 2022, conducted in Hangzhou, China. “E-Sports presuppose playing video games in a competitive setting, emphasizing increased 'institutionalization' of gaming activity through the organization of e-sports teams and official international competitions.” It is a complex convergence of culture, technology, business, and sports. In India, e-sports is a fast-developing industry. It witnessed a whopping investment of $544 million from August 2020 to January 2021. India also has the E-Sports Federation. The Ministry of Sports & NITI Aayog has also taken some steps toward its regulation. The judiciary and legislature have clearly stated that such gaming activities do not fall within gambling and are a “game of skill,” which is legal. As a virtual platform, e-sports transcends the biological distinctions emphasized in traditional sports. They offer women e-athletes a space that ensures privacy and autonomy. Yet, similar to conventional competitive sports, e-sports remain predominantly male-dominated. Due to the non-regularization of e-sports, females and non-binary players face overt barriers like gender violence, sexual harassment, pornography, etc., as well as subtle barriers like negative comments and men shaming when losing to a girl, etc., in e-sports. The Promotion and Regulation of Online Gaming Act, 2025, though an appreciable step towards streamlining the sector, overlooks critical challenges such as online harassment and specific concerns of women players. The paper examines the concept of e-sports and its socio-legal implications, with particular emphasis on women’s participation in e-sports.
Indigenous or Traditional sports deeply embedded within the socio-cultural fabric of communities worldwide transcend mere physical activity. They function as potent traditional cultural expressions (TCEs) embodying the history, values, knowledge and identity of their originating cultures. This article explores the critical role of traditional sports in preserving cultural legacy in an increasingly globalized world. These unique sporting forms act as living heritage, transforming ancestral knowledge, social customs and spiritual beliefs across generations. Their practice often involve specific riruals, music, attire and storytelling, further enriching their cultural significance. The importance of traditional sports in cultural preservation lies in their capacity to foster community cohesion, reinforce identity and provide a tangible link to the past. This research paper explores the rich tradition of Mizo indigenous sports and the challenges they face in the modern world. It discusses the importance of legal protection for preserving these cultural treasures. Mizo indigenous sports, rooted in the community’s values and skills, include Inbuan, Insuknawr, Saihruipawh, Chawilung, Arpa Sual and Kalchhet. These sports are disappearing due to the decline of traditional practices and the influence of modern sports. Legal protection is crucial for preserving cultural identity, promoting tourism, encouraging well-being, and offering educational value. Potential legal frameworks include defining traditional sports, establishing governing bodies, recognizing player rights, and exploring intellectual property protection. By prioritizing preservation and fostering cultural pride, the legacy of Mizo indigenous sports can be secured for future generations.
The right to repair has emerged as a counterforce to the paradox of modern consumerism, where individuals enjoy the freedom to purchase but are seldom free to repair. The right challenges the status quo based on 'planned obsolescence'— the practice by corporations and manufacturers to deliberately design products in such a way that they become frequently replaceable. This practice operates by way of restricted access to spare parts, proprietary software locks, warranty void clauses and other design choices that discourage repairs. The right to repair, in contrast, advocates for customers as well as independent repairers to be granted access to tools and technical know-how required for product restoration. Such practices not only adversely affect consumer autonomy but also fuel the ongoing environmental crisis, considering e-waste generation is rising in India. In this light, the paper thus explores how giving a formal recognition to the right to repair can significantly aid in sustainable governance. It will not only protect consumer interests but also enable an effective capacity-building of the citizens for them to meaningfully avail of their fundamental right against climate change, which has recently been granted judicial recognition as an inherent facet of the right to life under Article 21 of the Indian Constitution. It also puts forth that the often-cited IPR concerns justifying repair restrictions, can indeed be balanced with the right to repair, by offering a normative framework that reconciles the IPR concerns with this right. An approach based on a fine balance can safeguard innovation without undermining consumer rights and sustainability. Ultimately, the paper makes a case for the right to repair as a conscious policy decision necessitating a shift in how we conceive ownership and justice in an era of disposability, thus aligning it with the constitutional values of sustainability, access, and fairness. ; ; ; ; ; ; ; ;
This research investigates the complex intersection of gender identity, caste and access to education inside India’s reservation system, especially focusing on the experiences of Dalit transgender persons. Employing Intersectionality theory and building upon Ambedkar's critique of caste hierarchy, the study analyzes how transgender individuals from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) endure increased marginalization that is not sufficiently addressed by the existing legal and policy frameworks in place. The study shows that despite the legal recognition through NALSA v. Union of India (2014) and the Transgender Persons (Protection of Rights) Act 2019, implementation gaps continue, especially with relation to horizontal reservation policies that can address intersectional identities. Census data suggests that about 23% of transgender population in India belongs to historically under-represented caste and tribal backgrounds, yet their literacy rates remain far lower than the national average. This study critically evaluates the limited engagement of National Education Policy 2020's with transgender-specific concerns and argues for comprehensive policy reforms that acknowledge the multiplicity of identities in the transgender community. Following an Ambedkarite structure, the study reveals how the fight for the rights of transgender parallels anti-caste movements, both challenging systems that control identity and perpetuate exclusion. The research concludes that for true liberation there is need to go beyond politics of singular identity towards the transformative coalition-building that comprehensively addresses structural inequalities.
Transgender Persons (Protection of Rights) Act, 2019
THE CONSTITUTIONAL CONTOURS OF COW PROTECTION
The complex constitutional and legal issues surrounding cow protection in India are discussed in this research paper, with particular focus on the ways in which governmental regulations conflict with individual liberties, particularly the freedom of religion and the right to work. In order to show how these forces influenced Article 48 of the Constitution, which makes cow preservation a directive rather than a fundamental right, the study traces the historical development of bovine veneration from Vedic tradition to its politicisation throughout the colonial period. Article 48 and fundamental constitutional safeguards, such as Article 19(1)(g) (freedom of occupation), Article 21 (life and personal liberty), and Article 25 (freedom of religion), continue to clash, according to the research. This tension is highlighted by judicial pronouncements that prioritise animal welfare while simultaneously causing economic and social hardship for minority populations that depend on cattle-related trades, such as those that uphold complete prohibitions on cow slaughter. The paper also looks into the topic of cow vigilantism, in which extralegal enforcement exacerbates tensions within communities and threatens human rights and the rule of law. India presents particular difficulties in balancing secular administration with robust cultural traditions, as demonstrated by a comparative study with international frameworks for religious freedom and animal protection. The paper calls for a more comprehensive and multidisciplinary approach, concluding that effective cow protection policies must strike a balance between religious passion, economic realities, and animal welfare. To ensure both true justice and the rights of all individuals in a secular democracy, policy reforms should address the wider ethical, legal, and socioeconomic ramifications rather than depending solely on religiously driven bans.
This paper analyzes the accessibility of information through District Legal Services Authorities (DLSAs) in Uttar Pradesh (UP), The study, based on 71 identical Right to Information (RTI) applications filed with DLSAs across UP, finds significant barriers to transparency, including procedural opacity and regulatory confusion. A primary issue is the lack of digital inclusion; DLSAs in UP are not part of the state's online RTI portal, forcing applicants to use a more costly and burdensome offline process. Furthermore, the study identifies a major conflict between two sets of rules: the Allahabad High Court Rules, 2006 and the Uttar Pradesh Right to Information Rules, 2015. This conflict results in regulatory misinformation, with at least 45% of DLSA Public Information Officers (PIOs) being unaware of the correct rules, leading to the rejection of applications based on incorrect fee requirements or the volume of information sought. A significant number of applications (23.9%) received no response at all. The findings point to a systemic failure to uphold transparency in an institution crucial for access to justice, particularly concerning the Victim Compensation Scheme. The paper concludes with suggestions for legislative and administrative changes, including the harmonization of conflicting rules, the creation of a dedicated online portal for DLSAs, and enhanced training for PIOs. These measures are necessary to dismantle procedural barriers and ensure the RTI Act functions as a formidable tool for accountability and public trust in DLSAs.
District Legal Services Authorities (DLSAs)
THE INTERSECTION OF TRADITIONAL KNOWLEDGE WITH INDIAN INTELLECTUAL PROPERTY RIGHTS
The Article brings to the legal discourse the rights in traditional knowledge; how do we define traditional knowledge and who do we deem the ownership of such knowledge, the Government or the indigenous communities that have developed, curated and refined this knowledge through years of dedication towards their art and discipline and how does law protects the rights of communities and the traditional knowledge itself from exploitation. When we look at the Intellectual Property Rights and their framework in this country, does it strive to provide exploitative and enrichment rights to these communities or the system set up as of yet simply pushes back any individual from achieving exploitative rights by recognizing traditional knowledge as public wealth. This phenomenon of the loss of the rights of indigenous rights over their own cultural knowledge and practices, is the one which is being witnessed all over the world and now that the economy is stepping towards a global market, loss of one community is being felt by the fabric of all the indigenous communities. However, with the objective to bring to light the invisible hands that have birthed the traditional and indigenous knowledge, several steps are being taken by policy and law makers, to ensure that such communities are no longer vulnerable to bio-piracy, cultural misappropriation or economic exploitation. These movements are spearheaded by activist and organizations who have always celebrated the indigenous communities and their rights over their own cultural knowledge and this is being done by bringing.
For a country like India, the right to access information and expression is seen as the backbone of democracy and as a propagator of its national interest, as this helps citizens, promote accountability and encourage diverse views of its people. That’s the reason is constitution provides freedom of speech and expression in part 3 of the constitution under art. 19(1) but rights are not absolute rather subject to reasonable restrictions which are explicitly given under article 19(2). Today we live in connected world facilitated by information and communication technology. With growing technology and the virtual world, the traditional boundaries of free expression have been narrowed down. However, now online platform being used to spread harm, misinformation and upsurge of terrorism and hate speech as post of media can reach millions of people on just on click. In this article we will see how different penal regulations are used by the government against such speech and expression and how such regulations are being used as a weapon by the government to curb free speech in India and growing trend of over criminalising online speech.
SOCIO-LEGAL IMPLICATIONS OF CRIMINAL JUSTICE SYSTEM ON WOMEN AND CHILDREN IN MIZORAM
Criminal justice system plays an important role in moulding the experiences of vulnerable sections of society such as women and children who comes into contact with it, whether they are victim of crime or defendant. Although there has been progress in recent decades, the barriers and challenges they face still continues within the criminal justice system. This research deals with the socio legal implication of criminal justice system specifically on women and children. It discussed the criminal justice system with respect to women and children in Mizoram by specifically dealing with offences against children through the law dealing with Protection of Children from Sexual Offences Act 2012 (POCSO Act) and Crimes against women. Crimes are usually committed under the category laid down by the Indian Penal Code and the special and local laws. The datas of the court disposal of crime against women and children in Mizoram was collected and analysed where the total number of cases was collected. In this research, the victim compensation in Aizawl judicial district is analysed in order to see the socio legal aspect of criminal justice system in Mizoram.
COPYRIGHT PROTECTION OF FAN FICTIONS IN INDIA
Fanfiction has transpired itself into a popular form of creative expression, giving authors an arena to redefine and reinvent the fictional characters and narrations in their own unique style. It gives them a platform to express their distinctive ideas and thoughts thereby promoting creativity and innovation, aligning with the objectives of the Copyright legislation of various jurisdictions. Regardless of the transformative nature of fanfiction, it is often considered to violate the economic and moral rights of the creators because of its employment of the pre-existing copyright protected characters. The paper attempts to examine whether fanfiction is entitled to copyright protection or is it viewed as a copy of copyrighted work. It firstly looks into the legal protection offered to fanfiction in different jurisdictions, particularly the UK and US and then examines the legal standing of fanfiction under the Indian Copyright Act 1957. It contends that while fanfiction does offer creative freedom and has a transformative utility, its legal recognition specifically depends upon its non-commercial usage and its application under the narrow contours of the fair dealings’ exceptions given under the Copyright Act. It thereby highlights the need of a clear legal structure to balance the interest of copyright holders and the promotion of the advancing framework of transformative innovativeness.
For transgender community in India, the attachment to one's "home" has often been effaced. Stigma, exclusion from families, and barriers in education and employment have forced many into cycles of homelessness and precarity. Although landmark steps, such as NALSA v. Union of India (2014) and the Transgender Persons (Protection of Rights) Act, 2019, have recognised their rights in law, the lived reality still reflects a constant struggle for safety, dignity, and belonging. Shelter, therefore, is not just about a roof—it is about affirming identity, offering security, and opening pathways to a dignified life. This study focuses on Garima Greh, the government's flagship scheme designed to provide safe housing and support for transgender individuals. While the initiative embodies a welcome shift in state responsibility, its promise is diluted by bureaucratic delays, limited capacity, the restrictive one-year stay rule, and reports of discrimination even within the very spaces meant to heal. The paper argues that for shelter to be meaningful, it must go beyond temporary arrangements and instead nurture long-term empowerment. Strengthened funding, transparent oversight, and policies sensitive to the intersectional realities of transgender lives are essential. Ultimately, the right to shelter must be realised not as charity or token recognition, but as a guarantee of dignity, security, and the chance to truly feel "at home." *]:pointer-events-auto [content-visibility:auto] supports-[content-visibility:auto]:[contain-intrinsic-size:auto_100lvh] R6Vx5W_threadScrollVars scroll-mb-[calc(var(--scroll-root-safe-area-inset-bottom,0px)+var(--thread-response-height))] scroll-mt-[calc(var(--header-height)+min(200px,max(70px,20svh)))]" dir="auto" data-turn-id="request-WEB:a1be91c3-8407-4690-a854-a8afcaab0131-4" data-testid="conversation-turn-10" data-scroll-anchor="false" data-turn="assistant">
BIRD-STRIKE RISK AND AIRPORT ZONING REGULATIONS
Bird strikes pose a persistent threat to aviation safety worldwide, particularly in rapidly developing nations where urban expansion encroaches upon airport vicinities. This paper undertakes a comparative legal analysis of bird-strike risk management and airport zoning laws in Bangladesh and India, two South Asian countries experiencing significant growth in air traffic and urbanization. The study critically examines the legislative frameworks, institutional practices, and enforcement mechanisms in both jurisdictions to assess their effectiveness in mitigating bird-strike incidents. This article highlights regulatory frameworks, enforcement mechanisms, and the impact of incompatible land use practices—such as waste dumping and slaughterhouses—in the vicinity of airports. The paper further analyzes relevant international standards, including ICAO Annex 14, and evaluates how both countries have integrated or deviated from these norms. While India has made notable strides through centralized aviation safety guidelines and state-level zoning enforcement, Bangladesh faces challenges due to fragmented regulatory oversight and limited coordination among urban, environmental, and aviation authorities. The research concludes with policy recommendations aimed at enhancing inter-agency collaboration, improving land-use planning, and strengthening legal accountability in both countries. The findings provide insightful information for policymakers, and aviation stakeholders who are working to improve air safety in countries in the global south by implementing strong environmental and legal governance.
Feminism, though developed in the West, found itself ‘feel at home’ in India, a country whose roots are still deep and strong in patriarchy. The Indian educated upper class has been an active proponent of the feminist movement and their experiences have been widely cited by the media. However, the experiences of the SC/ST women and their plight have taken a backseat, being curtained from popular discussion and has not received the attention it deserved. To make feminism more inclusive, the idea of intersectionality took birth. This idea attempts to recognize the overlapping positions of vulnerability faced by women. In the Indian context, caste, along with gender overlaps and makes SC/ST women vulnerable to immense violence and abuse