Regulatory Sandboxes: Catalysts for FinTech Innovation in India
Introduction The fintech revolution in India is the product of intentional regulatory innovation, with the regulatory sandbox concept at its core. This framework serves as a testing ground for financial products, fundamentally reshaping India’s financial ecosystem. A regulatory sandbox, in essence, constitutes a controlled environment wherein firms may evaluate novel financial products with actual consumers Continue reading
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Geographical Indications as a Cultural Safeguard Tool for Communities: Kutch Ajrakh’s Path to Modern Markets
Exciting developments are underway for Geographical Indications in India, with over 60 products receiving the Geographical Indications (“GI”) tag recently. This is particularly noteworthy as it marks the largest number of successful GI applications in a single instance since the Geographical Indications of Goods (Registration and Protection) Act, 1999 Act was implemented in 2003.
The international GI framework is quite diverse, and jurisdictions have adopted combinations of protections best suitable to them and their global trade. Depending on where you are, the framework covers many interesting subject matters ranging from agricultural and food products to wines. As far as a combined reading of the Geographical Indications of Goods (Registration and Protection) Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Rules, 2002 are concerned, it is used to identify “agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff originating in a definite territory in India.” The legal protection granted through a successful registration certificate lasts for 10 years and needs to be renewed failing which the GI tag may be revoked. For an application to be successful, the applicant must be an association of persons, producers, organization or authorities established by or under the law. The key factor is that the applicant should represent the interests of the producers. This is a significant departure from the otherwise individual creator notion of IP laws.
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Reconsidering V.P. Shantha: A step Towards or Away from Consumer Protection?
A verdict dated 14 May 2024 by Justice Bela M Trivedi and Justice Pankaj Mithal has declared that services provided by advocates shall not be covered under the Consumer Protection Act (“CPA”), 2019. This judgment has, thus, questioned the very basis of the application of the CPA to medical services as laid down in the V.P. Shantha judgement. The bench opined that the legislature could never have intended the Act to cover professional services, which are already governed by respective professional councils. The ruling raised questions of procedural propriety about a partial referral to a larger bench and judgment on hypothetical premises. It is at this juncture that differentiation between the legal and the medical professions had to be brought out, concerning standards of care. The Court referred the issue for reconsideration to a larger bench, without clarifying if the referral pertains to the whole judgment of Shantha or only the question of including professionals under the CPA that is under scrutiny. The case epitomizes the dilemma of balancing consumer protection with the maintenance of professional standards. It calls for review to guarantee a regime both of professional accountability and of consumer rights in dynamic consumer protection amidst technological advancement and global networking.
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Enhancing Transparency and Stability: SEBI’s New Rules on Real-Time Price Data in India’s Securities Market
Securities and Exchange Board of India (“SEBI”) recent guidelines, issued on May 24, 2024, restrict the real-time dissemination of price data to third-party platforms in India’s securities market. Aimed at curbing misuse and ensuring market stability, these measures require stringent compliance from market intermediaries and Market Infrastructure Institutions (“MIIs”). The regulations balance innovation in financial technology with investor protection, mandating legal agreements and annual assessments for data sharing. By permitting delayed public access to price information for educational purposes, SEBI seeks to enhance transparency while deterring speculative activities. This regulatory framework underscores SEBI’s commitment to fostering a fair and secure securities market environment.
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The Fandom Chronicles: An Analysis of the Copyright Conundrum in Fan-Fiction & Fan-Art
Fan fiction and fan art have generated a symphony of creation that has peaked as a boisterous revolt. They have advanced from the underground to the front, establishing a parallel narrative universe that dances on the verge of mainstream awareness and irreversibly alters how narratives are communicated. As a result of the fact that they are theoretically based upon original works of art, fan-art and fan fiction are officially considered to be examples of derivative works. What exactly is the source of the problem? A problem occurs whenever there is a danger to the original author’s right to maintain their exclusivity. In line with the law of intellectual property rights, every artist is given protection for their work. This is the reason why fan fictions provide a significant challenge to the copyright characteristics of the original artwork. Fan fictions are considered secondary art, and as such, they present a significant risk of copyright infringement.
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Rising Menace Of Space Debris: Understanding the International Legal Jurisprudence to Regulate Space Debris and Subsequent Challenges
There has been immense technological development in the space sector in the past few decades, which has created a situation where the sustainability of the space sector is in question. Space preservation becomes even more pivotal as it is intrinsically linked with our future; hence, this paper aims to explore the intricate nuances of space exploration and the subsequent debris generated from it, the Indian perspective, and the role played by the international legal system. This paper also reflects the failure of international law and the means that could be employed to redress the issue. The paper also presents a point of view of the third-world economies and argues for not only a sustainable space but for a consensus where the management of space debris also allows for equality.
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1st DNLU Student Law Journal Blog Writing Competition, 2024
The last date for submission of the Blogs has been extended to 27th August 2024 Organised by DNLU Student Law Journal, in collaboration with Seven Seas Partners LLP & Centre for Research in Air and Space Law, MNLU (Knowledge & Supporting Partner) About the Competition DNLU-SLJ is honoured to have a collaboration with Seven Seas Continue reading
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When the Spouse is Watching: Addressing the Illegality of Cyber-Stalking as a Means of Obtaining Evidence
How wise is it to cherish the fruits of a poisoned tree? This question has been discussed in several criminal procedure and evidence-related cases in the past years. There have been numerous instances where incriminating evidence has been produced, yet it is not admitted because it was obtained illegally. The law, prima facie at least, appears to conform with the “fruits of the poisoned tree” doctrine and tainted evidence is usually not admitted, be it a case of police brutality or violation of the due process of law to obtain necessary evidence or confession to put anyone behind bars.
However, a very peculiar exception to this general rule is emerging in the family courts where the spouse is allowed, if not encouraged, to obtain evidence by whatever means necessary. In this light, the authors argue that admitting evidence obtained through cyber-stalking encourages violation of the fundamental rights of the spouse and, therefore, must not be permitted.
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Highlighting the Implicit Misogyny in Imposing the Death Penalty on Rapists, in Light of the Movie ‘Bulbul’
Abstract Anvita Dutt’s ‘Bulbul’ has been hailed by many as a marvel of modern horror. It follows the woeful tale of a young girl, Bulbul, who, upon being subjected to heavy physical and sexual abuse, undergoes a supernatural transformation and exacts revenge upon the abusive men of her village. With the movie attaining its driving Continue reading
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Healing the Health Insurance Sector in India
Introduction The World Health Organization (“WHO”) defines health as a “state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”[1] The provision of universal health insurance coverage as part of the provision of affordable healthcare is included in the Sustainable Development Goals (“SDGs”)[2] (SDG Target 3.8). In fact, Continue reading
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The Resurgence of Inheritance Taxation in India Boon or Bane?
Abstract The debate over reintroducing inheritance taxation in India has gained attention due to comments by Congress Overseas Chairman Sam Pitroda. This tax, known as the death levy, would be levied on the property inherited by legal successors. While it aims to reduce inequality and boost revenue, critics argue it may be a double burden. Continue reading
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Addressing the Challenges Posed by AI in India
Introduction For the last few decades Artificial Intelligence (“AI”) has been advancing at an unprecedented pace globally. A few decades ago, the perpetration of AI to the present extent would have been a far-fetched idea, but today, it is our reality. AI is continuously developing and pervading almost every crucial aspect of our lives. AI Continue reading
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Moving Beyond the Doctrine of Dilution in the Context of Well-Known Trademarks
Abstract This article seeks to argue against the doctrine of dilution for adjudicating on infringement of well-known marks and explores the doctrine of deceptive similarity as a potential solution. It establishes that the doctrine of deceptive similarity, as used by the court before the introduction of the Trademark Act of 1999, is not enough to Continue reading
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DNLU-SLJ Call for Papers – Volume III (2024)
Dharmashastra National Law University Student Law Journal calls for unique and unpublished research papers, Short Notes, Book Reviews and Case Comments – Volume III (2024) About the Journal: Dharmashastra National Law University–Student Law Journal (DNLU-SLJ) is a double-blind peer-reviewed, student-run academic journal that endeavours to advance rigorous research across various facets of law such as Continue reading
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Results: 1st DNLU SLJ Essay Writing Competition, 2023
We are pleased to announce the results of the 1st DNLU Student Law Journal Essay Writing Competition, 2023 organized in collaboration with Regstreet Law Advisors. The theme of the Competition was ‘Capital Markets and Securities Law’ and it was aimed at bringing together inquisitive luminaries of the legal field to explore the labyrinthine paths of Continue reading
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Redefining Divorce Dynamics and Decoding Judicial Boundaries: Unravelling the Impact of Shilpa Sailesh v. Varun Sreenivasan
Introduction The case of Shilpa Sailesh vs Varun Sreenivasan marks a significant milestone in the annals of Indian family law, heralding a paradigm shift in the judiciary’s approach to marital disputes and the dissolution of marriage. The case originated from a deeply contested matrimonial dispute between Shilpa Sailesh and Varun Sreenivasan, both parties embroiled in Continue reading
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1st DNLU STUDENT LAW JOURNAL ESSAY WRITING COMPETITION, 2023
Organised by DNLU Student Law Journal, in collaboration with REGSTREET Law Advisors The deadline for the submission of the Essays is extended from 27th November 2023 to 15th December 2023. About the Competition The competition is an opportunity for legal enthusiasts to engage with the intricate dimensions of Capital Markets and Securities Laws. It aims to foster Continue reading
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Demystifying the Countervailing Jurisprudence on Provident Fund Dues
Abstract We often hear disclaimers and cautions against going headfast into jobs that seem to show meagre growth potential and unstable security. But do these risks limit themselves to the initial period of job hunting? Or do they stretch to situations where one might have to forsake their earnings simply because their company can no longer Continue reading
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Trimex Industries Pvt Ltd v. Sathavahana Ispat Ltd: Conundrum of Exercising Judicial-Review at Pre-approval Stage
abstract The pre-approval stage of the resolution plan, which occurs before the NCLT accepts the plan, is a crucial stage and can make or break the entire resolution process. However, there is a lack of clarity regarding the tribunal’s power to intervene and adjudicate upon the issues arising at this stage, which has created uncertainty Continue reading
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Are All the Amendments to the Medical Termination of Pregnancy Act Appropriate?
Abstract The article reviews the legislative changes to the Medical Termination of Pregnancy Act 1971. It first provides background to the construction of the Act and proceeds to enumerate the various changes it has undergone. The author then elaborates upon the transformation and metamorphosis the Act has undergone to offer a critique of its various Continue reading
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Kush Kalra Paragon of Gender Equality and Women Candidature in NDA Exam: A Critique of Women Entry in Indian Army
Abstract The right against discrimination is bestowed by the Indian Constitution and given by people to themselves by respecting and creating a nation of equals. Revering this right, all institutions are urged to develop a gender-neutral and inclusive environment. Armed forces have long fallen back into their patriarchal seats, viewing, controlling, and regulating entry into Continue reading
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The Draft Population Bill of Uttar Pradesh: A Critique from Disability Lens
The article examines the proposed The Uttar Pradesh Population (Control, Stabilization, and Welfare) Bill, 2021, through the lens of disability rights and argues that the draft law was prepared with complete insensitivity towards disabled people.
The Bill aims to control the population by limiting government incentives and benefits to those who have two children and has received criticism for its regressive approach. The article suggests that the law should be reassessed and take into account the principles of UNCRPD, RPwD Act, and constitutional jurisprudence pertaining to disability law. The government should also consider the objections of relevant stakeholders and avoid promoting exclusionary practices and stereotypes.
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Oblivisci and the Right to Be Forgotten in India
ABSTRACT This is the twenty-first Century and we live in the internet era where everything is transforming into digital, including an omnipresent, global, and hugely accessible media to almost 4.88 billion internet users. The internet allows us to access a wealth of information, including daily news that provides extensive details on various topics, locations, and Continue reading
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ECtHR’s Deference to National Authorities: An Analysis in Relation to Exclusive Cases of Public Morality and Cases Involving Sexual Component
Abstract ECtHR is under an obligation to account for the national constitutional values and context of the state while adjudicating on the matters relating to freedom of expression. It is generally argued by the scholars that all the cases restricting freedom of expression circumscribing public morals are subject to deference to national authorities. However, the Continue reading
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Glass Ceiling In The Legal Profession —A Curse To The Indian Legal System
Beginning with the acceptance of Cornelia Sorabji into the Allahabad High court in 1921 to rehearse as an advocate, the Indian legal system has come up a long way since India’s independence. Officially, after the Legal Practitioners’ (Women) Act of 1923 was passed, the restrictions on Indian women practising law were abolished. At least on paper, allowing female advocates access to the Indian courts.
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The Trend of Casual and Cryptic Bail Orders: Vice of Arbitrariness
It has been observed that in recent years, the High courts of India have been approving or refusing bail orders in a cryptic and arbitrary manner in an increasing number of cases. This phenomenon can have deleterious ramifications for society and has the potential to ultimately erode trust in a just, fair, and reasonable judicial system. The judges of the High Courts have developed a propensity to particularly make generic statements about how “the facts and the circumstances have been considered” in such rulings which allowed the grant or rejection of the bail.
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Should Constitutional Protection under the Ninth Schedule be extended to the Jharkhand Bills on Reservation and Land Reform?
The article attempts to test the constitutionality of the inclusion of the Jharkhand Reservation and Land Reform bills under the Ninth Schedule. Before answering the question, the article delves into the provisions of the Constitution which deal with Reservation. Although the Constitution grants reservation to several disadvantaged social groups, the paper constricts its scope to those articles which deal with the Reservation of Scheduled Castes, Scheduled Tribes and Economically Weaker Sections of the Society.
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Dharmashastra National Law University Student law Journal (DNLU-SLJ) calls for unique and unpublished research papers, Short Notes, Book Reviews & Case Comments – Volume II (2023)
About the Journal Student Law Journal (DNLU-SLJ) is a peer-reviewed, student-run academic journal with the mission of disseminating high-caliber research on law and legal studies from all angles, including comparative, global, and transdisciplinary views. As a flagship initiative of DNLU, the journal was conceptualized to provide a peculiar platform for expression of opinions, thoughts and Continue reading
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Workshop on Legal Research And Academic Writing
About the workshop on legal research and academic writing The lecture on legal research and academic writing was organised by the DNLU Student Law Journal Committee. The resource person for the event was Mr. Adithya Anil Variath, Assistant Professor of law, MNLU Mumbai. This workshop was aimed at introducing the students with nuances of academic Continue reading
Read MoreCall for Articles (DNLU Student Law Journal-Online)
Call for Articles for the Online Journal of DNLU SLJ The DNLU Student Law Journal-Online is inviting submissions on a rolling basis. Submission Guidelines We invite submissions on a rolling basis throughout the calendar year from members of the bar, legal professionals, law students, or others who are interested in publishing with us and wish Continue reading
Read MoreAbout The Dharmashastra National Law University- Student Law Journal
Dharmashastra National Law University – Student Law Journal (DNLU-SLJ) is a peer-reviewed, student-run academic journal with the mission of disseminating high-calibre research on law and legal studies from all angles, including comparative, global, and transdisciplinary views. As a flagship initiative of Dharmashastra National Law University, Jabalpur (DNLU), the journal was conceptualized to provide a peculiar platform for the expression of opinions, thoughts and views of the student fraternity through publications in the forms of scholarly articles, research papers, book reviews and case studies.
It is directed by an editorial board and an advisory board made up of eminent jurists. The Patron-in-Chief of the Journal is the Honourable Chief Justice of the Madhya Pradesh High Court. It neither adheres to a particular ideology nor restricts itself to the DNLU student fraternity, rather it invites scholarly writings on inter-disciplinary and engaging deliberations on diverse fields of law. It aims to bring together scholars in the legal and related fields through their work that rethink and reimagine the confines of the legal system through novel approaches to design and methodology.
The mandate of the Journal includes promotion of academic research and writing among students and incentivize their involvement in research. As a flagship Initiative, it hopes to set high standards of legal research and abide by the research and publication ethics such as the norms of plagiarism, data accuracy, conflict of interest etc., to enable quality readership and reach a wider audience.
Advisory Board
Prof. Richard Albert
William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies at the University of Texas at Austin
Prof. Srikrishna Deva Rao
Vice-Chancellor, NALSAR University of Law
Prof. (Dr.) Yogesh Pratap Singh
Vice-Chancellor, NLU Tripura
Prof. Yaniv Roznai
Professor, Harry Radzyner Law School
Prof. (Dr.) Paramjit S. Jaswal
Vice-Chancellor, SRM University Delhi-NCR, Sonepat
Prof. Abhijit Das
Former Head of the Centre for WTO Studies, New Delhi
Prof. (Dr.) Nishtha Jaswal
Former Vice-Chancellor, HPNLU Shimla
Prof. Prabhakar Singh
Professor, BML Munjal University, Gurugram
Dr. Ajar Rab
Founding Partner, ANR Law LLP
Mr. Manan Lahoty
Equity Partner, Induslaw
