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The paper uses archival materials, interviews, and secondary scholarship to examine debates among Indian coalitional activists on legal argumentation against India’s national sodomy law in Naz Foundation v. Government of NCT of Delhi in particular, and in their mobilization activities in general. At the heart of activists’ debates was whether “rights to privacy” was the appropriate legal justification with which to argue the unconstitutionality of the sodomy law. Activists warned against uncritically advancing the notion that the sodomy law was an unlawful intrusion into an individual’s privacy, understood in spatial terms as existing within the bounds of a physical home or area, instead highlighting how gender and class shaped queer citizens’ engagements with private space. The paper argues that activists’ critical examinations of private and public space in the Indian context problematize canonical foundations of queer theory and sociological approaches to sexual citizenship, much of which assumes that all queer life moves from an inner sanctum of private secrecy, experienced as shameful, to an outer realm of equality vis-à-vis the state, the public, and the economy through declarative acts of embodiment. Drawing on critical queer studies scholarship, the paper argues that the legal debates in Naz and Indian queer activism reveal the unstated Western liberalism in prevailing scholarship on the promise of law for queer communities in contexts where core differences exist in material and social realities, and, consequently, in the meanings that individuals attach to space, privacy, embodiment, and visibility.

The practices and arrangements within a family can create grounds for violence. Although we agree that family processes are important, we think that these explanations downplay the structure of families (nuclear, extended) and thereby the ways in which gender relations are organized. In this paper, domestic violence is explored as an intra-family dynamic that extends beyond the intimate partner relationship and which seeps into court rulings of cases of such violence.

Using archival data from 164 Supreme Court case decisions on domestic violence in India for the period 1995–2011, we examine both the patterns of conviction and the complexities of gender relations within the family by systematically coding the Court’s rulings.

Analysis of court rulings show that mothers-in-law were convicted in 14% cases and the husband was convicted in 41% cases. We call attention to the collective nature of the domestic violence crime in India where mothers-in-law were seldom convicted alone (3% of cases) but were more likely to be convicted along with other members of the family. Two dominant themes we discuss are the gendered nature of familial relations beyond the intimate partner relationship and the pervasiveness of such gendered relationships from the natal home to the marital family making victims of domestic violence isolated and “homeless.”

Future research may benefit from using data in addition to the judgments to consider caste and class differences in the rulings. An intersectionality perspective may add to the understanding of the interpretation of the laws by the courts.

Insights from this paper have important policy implications. As discussed in the paper, the unintended support for violence from the natal family is an indication of their powerlessness and therefore further victimization through the law will not help. It is critical that natal families re-frame their powerlessness which is often derived from their status as families with daughters. Considering that most women in India turn to their natal families first for support when they face violence in their marriages, policy must enable such families to act and utilize the law.

By examining court rulings on cases of domestic violence in India we focus on the power exerted by some women particularly within extended families which is central to understanding gender relations within institutions. These relations are legitimized by the courts in the ways they interpret the law and rule on cases.

This paper aims to focus on compliance of workplace sexual harassment-related provisions under Indian companies and securities law, based on an empirical analysis of companies’ sexual harassment-related disclosures contained within their directors’ annual reports (ARs). Specifically, sections devoted to sexual harassment-related disclosures, inbuilt within directors’ ARs for the financial year 2019–2020 for a selected sample of companies listed under the National Stock Exchange, have been analysed.

To examine the nature of companies’ disclosures to demonstrate their compliance with statutory requirements under the POSH law, aligned with the Companies (Accounts) Rules, 2014 and Securities and Exchange Board of India’s regulations, an empirical-based, descriptive content analysis of ARs of 200 listed companies were used.

This study primarily finds that the majority of companies from the sample have disclosed to have prepared a corporate-level policy, as required under the POSH law. As also required under the POSH law, companies, reportedly, have constituted an Internal Complaints Committee to adjudicate and dispose of incidents related to sexual misconduct reported at their workplaces. However, companies lack in disclosing qualitative information, with sufficient detail, on many important aspects related to prevention and resolution of reported cases of workplace sexual harassment.

This paper adds to the broader narrative of the lacunae within the disclosure and reporting requirements on enhancing the liabilities of the companies to prevent and address sexual harassment under India’s corporate and securities regulations.

The dominant narrative in the investor-State dispute settlement (ISDS) system is that it enables powerful corporations to encroach upon the regulatory power of developing countries aimed at pursuing compelling public interest objectives. The example of Phillip Morris, the tobacco giant, suing Uruguay’s public health measures is cited as the most significant example to prove this thesis. The other side of the story that States abuse their public power to undermine the protected rights of foreign investors does not get much attention.

This paper reviews all the ISDS cases that India has lost to ascertain the reason why these claims were brought against India in the first place. The approach of the paper is to study these ISDS cases to find out whether these cases arose due to abuse of the State’s public power or affronted India’s regulatory autonomy.

Against this global context, this paper studies the ISDS claims brought against India, one of the highest respondent-State in ISDS, to show that they arose due to India’s capricious behaviour. Analysis of these cases reveals that India acted in bad faith and abused its public power by either amending laws retroactively or by scrapping licences without following due process or going back on specific and written assurances that induced investors to invest. In none of these cases, the foreign investors challenged India’s regulatory measures aimed at advancing the genuine public interest. The absence of a “Phillip Morris moment” in India’s ISDS story is a stark reminder that one should give due weight to the equally compelling narrative that ISDS claims are also a result of abuse of public power by States.

The originality value of this paper arises from the fact that this is the first comprehensive study of ISDS cases brought against India and provides full documentation within the larger global context of rising ISDS cases. The paper contributes to the debate on international investment law by showing that in the case of India most of the ISDS cases brought were due to India abusing its public power and was not an affront on India’s regulatory autonomy.

Terrorism has been practiced for centuries in different countries throughout the globe. The international struggle against terrorism started in the early part of the last century, and in 1937, the League of Nations concluded a Convention on the Prevention and Punishment of Terrorism. It is now well established in customary international law that since piracy, slavery, war crimes, and crimes against humanity are so terrible and affect the peace, tranquility, and security of all States, any State has the right to try persons for these crimes, irrespective of their nationality or where the crime was committed. This is known as universal jurisdiction. Terrorism is not quite in that category, one reason being the lack of international agreement on a comprehensive definition of terrorism. Instead, universal treaties adopted by the United Nations (UN) specializes agencies and, more recently Chapter VII measures of the UN Secretary Council, have been the means by which international law contributes to the struggle against terrorism. This aspect is discussed in a Section. Besides, today, the impact of terrorism in maintaining law and order, in assuring peace and tranquility to law-abiding citizenry and in harnessing growth and development, both at the national and international level, is quite grave, gloomy, and alarming. Global terrorism has, in fact, become an unprecedented challenge to the human civilization itself. The present chapter tries to examine the nature of terrorism at the global level with special reference to India and proposes for formation of international laws and co-ordinations to combat it.

The purpose of this paper is to compare the online legal information sources available in law libraries in India.

Evaluation method followed with the help of specially designed checklist for e-resources in the field of law in India. The structured checklist was designed keeping in view of the objectives and e-resources/databases existing in Indian libraries, comprising 189 dichotomous questions and categorized into 12 broad categories.

The study revealed that the study legal information sources are lagging behind in exploiting the full potential of Web 2.0 features. No study legal information source has integrated Web 2.0 tools with contents and provision to contribute the contents by user any time, irrespective of location, except online legal information system (OLIS). Majority of e-resources are lacking search features, general features, Web 2.0 tools, better help features and provision to contribute contents by the users. Besides this, a mobile-based view is not available in majority of sources, and open access resources are lacking user-friendly features. Of the 16 legal information resources, only five have all the four citations search parameters. The study reveals that the OLIS has the maximum features and ranked “excellent”, followed by Manupatra ranked “average”. Half of study online legal information sources are ranked “needs improvement” and 37.5 per cent ranked “below average”.

The findings of the study will not only guide the law librarians to subscribe/renew legal databases in their libraries but also improve the legal information literacy among the users for effective use of online legal information sources. It is hoped that the evaluation of online legal information sources will enhance the user’s awareness and increase the use.

The findings of the study will not only guide the legal libraries to improve their online legal information sources, particularly, better help features and integrated content with Web 2.0 tools, but also provide guidelines for newly established legal libraries in India.

In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape to state-funded compensation schemes for women and child victims. In this regard, challenges persist for the agencies of the criminal justice system in India especially the courts to realise the vision of restorative justice as these forums have to navigate the relevant statutory provisions and binding precedents. This chapter seeks to analyse the challenges faced by courts in proper reintegration of victims and offenders of sexual offences, the institutional responses of the courts and suggests reforms to the criminal justice system in India in consonance with the principles of restorative justice acknowledged in the restorative justice movement in the international discourse.

This paper aims to explore how established multinational enterprises (MNEs) have responded to the perceived threat from rising power firms by seeking to alter the intellectual property institutional environment in key emerging economies.

The key place of emerging economies in the efforts of established MNEs to seek patent law change is discussed. Two case studies review developments related to pharmaceutical patents in India and South Africa, highlighting the influence of MNEs in driving policy change and the contested nature of their actions.

While India and South Africa both present evidence of MNEs seeking to influence pharmaceutical patent laws, distinct differences emerge. In India, most MNE pressure has been in response to the emergence of an active domestic industry and a patent law oriented towards generic entry, while the MNE priority in South African has been geared towards maintaining MNE dominance and a system which leads to generous granting of patents.

Managers and decision-makers seeking to invest in emerging economies must take account of a plethora of institutions present, which may be better suited towards local industrial and consumer interests and may prompt resistance to any established MNE-led attempt at institutional change.

The article offers a comparative perspective on pharmaceutical patent laws in India and South Africa, which have been subject to significant contestation by policymakers, civil society organisations and both rising power and established MNEs. The comparison explores and questions the increasingly widespread “institutional void” thesis in international business.

The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges.

This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology.

The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI.

The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens.

AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.