Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
In India, the question of homosexuality is one that has oft been considered by courts – from Naz Foundation to Suresh Kumar Koushal – a question that finally found its answer in Navtej Singh Johar v. Union of India with the decriminalisation of homosexuality. With the recent case of Supriyo v. Union of India, the […]
Abstract
In K. Srinivas Rao v. D.A. Deepa, a Division Bench of the Supreme Court (Ranjana Prakash Desai and Aftab Alam, JJ.) held on 22 February 2013 that a wife’s indecent complaint against her husband’s family, followed by a sustained series of proceedings, amounted to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. […]
Abstract
Data protection law is usually imagined as a contest between an individual and a company. The Digital Personal Data Protection Act, 2023 (DPDP Act) does not fit that picture well, because the largest holder of personal data in India is the government. Aadhaar, welfare beneficiary lists, tax filings, land records and city camera networks all […]
Abstract
Section 13(1)(ia) of the Hindu Marriage Act, 1955 allows either spouse to seek divorce on the ground of cruelty, but the statute does not define the term, leaving Indian courts to construct, judgment by judgment, what mental cruelty means. Over five decades of Indian jurisprudence — from N.G. Dastane v. S. Dastane through Samar Ghosh […]
Abstract
India’s cities are built on invisible labour: the delivery rider threading the evening traffic, the domestic worker unlocking a dozen homes before nine each morning, and the construction hand mixing cement on a half-finished tower. Each has statutory entitlements that rarely survive contact with everyday life. Legal consciousness – the field of study that asks […]
Abstract
India has a legal framework for the education of persons with disabilities. It includes the constitutional right to education under Article 21A, the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the Rights of Persons with Disabilities Act, 2016 (RPWD Act), a five per cent reservation in higher education, and the National […]
Abstract
This article studies whether mere failure to fulfill a promise of promotion can attract criminal liability under Section 69 of the BNS, 2023. It examines the difference between a false promise and a failed promise through Pramod Suryabhan Pawar, Deepak Gulati and Kunal Rameshbhai Kalyani. It also compares section 69 with section 68 BNS and […]
Abstract
This paper studies whether clicking “I Agree” on a standard-form digital contract amounts to informed, meaningful consent. It examines Section 13 and 14 of the Contract Act, the Supreme Court’s approach to unequal bargaining power in Brojo Nath Ganguly and the LIC case, informational autonomy under Puttaswamy, and Section 6 of the DPDP Act, 2023. […]
Abstract
This paper studies whether India’s existing laws govern every stage of an online medicine purchase. It examines the Drugs and Cosmetics Act and Rules, the Pharmacy Act, the Consumer Protection Act, the E-commerce Rules and the DPDP Act, 2023. It identifies three gaps, prescription verification, accountability and liability, and health data, and reviews the unnotified […]
Abstract
Social enterprises are increasingly proposed as responses to rural service gaps but social mission and digital reach do not, by themselves, establish public value. This article develops an institutional-additionality framework to assess when social-enterprise intermediaries can improve livelihood resilience relative to feasible public, cooperative and conventional private provision. A critical documentary synthesis integrates hybrid-organization research, […]