Category: Online Journal

This category curates all the online articles.

The Fandom Chronicles: An Analysis of the Copyright Conundrum in Fan-Fiction & Fan-Art

Aaditya Bajpai & Shreya Bajpai

Fan fictionĀ and fan art have generated a symphony of creation that has peakedĀ as a boisterous revolt. They have advanced from the underground to the front,Ā establishing a parallel narrative universe that dances on the verge of mainstream awareness and irreversibly alters howĀ narratives are communicated. As a result of the fact that they are theoretically based upon original works of art, fan-artĀ and fan fictionĀ 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 authorā€™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 toĀ the copyright characteristics of the original artwork. Fan fictions are considered secondary art, and as such, they present a significant risk of copyright infringement.

Rising Menace Of Space Debris: Understanding the International Legal Jurisprudence to Regulate Space Debris and Subsequent Challenges

Digvijay Singh

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.

When the Spouse is Watching: Addressing the Illegality of Cyber-Stalking as a Means of Obtaining Evidence

Alka Nanda Mahapatra & Harshita Gupta

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 instancesĀ 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 ā€œfruits of the poisoned treeā€ 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.Ā 

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.

Highlighting the Implicit Misogyny in Imposing the Death Penalty on Rapists, in Light of the Movie ā€˜Bulbulā€™

Vedant Saxena

Abstract Anvita Duttā€™s ā€˜Bulbulā€™ 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

Healing the Health Insurance Sector in India

Dr. Amit Randev & Dr. Akanksha Pratik Sonker

Introduction The World Health Organization (ā€œWHOā€) defines health as a ā€œstate of complete physical, mental and social well-being and not merely the absence of disease or infirmity.ā€[1] The provision of universal health insurance coverage as part of the provision of affordable healthcare is included in the Sustainable Development Goals (ā€œSDGsā€)[2] (SDG Target 3.8). In fact, Continue reading

The Resurgence of Inheritance Taxation in India Boon or Bane?

Jagyansh Kumar

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

Addressing the Challenges Posed by AI in India

Adv. Prashant Mali, Ph.D.

Introduction For the last few decades Artificial Intelligence (ā€œAIā€) 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

Moving Beyond the Doctrine of Dilution in the Context of Well-Known Trademarks

Japmeet Singh Bajaj

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

Redefining Divorce Dynamics and Decoding Judicial Boundaries: Unravelling the Impact of Shilpa Sailesh v. Varun Sreenivasan

Astitva Singh

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

Demystifying the Countervailing Jurisprudence on Provident Fund Dues

Ashu Daga & Dhairya Gawde

Abstract We often hear disclaimers and cautions against going headfast into jobs that seem to show meagre growthĀ 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