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PEER-REVIEWED • OPEN ACCESS • ESTABLISHED 2014

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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Technology Law
Copyright Infringement in the Digital Age: Emergi...
Nidhi Kumari
Technology Law8 min
Environmental Law
Can Nature Be a Legal Person: Perspectives on Rig...
Vishnu Yadav
Environmental Law8 min
Corporate Law
Independent in Law, Dependent in Practice: Examin...
Vatsal Sutaria
Corporate Law8 min
International Trade Law
Non-Discrimination in International Trademark Pro...
Abishek Jeba Marshal J
International Trade Law8 min
Criminal Law
Forensic Odontology in Criminal Investigations: S...
M. Kiruthika
Criminal Law8 min
Public Health/Health Law
Evergreening Practices: An Abuse of the Patent Sy...
Dr. Imran Ahad
Public Health/Health Law8 min
Constitutional Law
When Courts Enter Parliament: Judicial Review of ...
Safna Nivas
Constitutional Law8 min
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Digital Due Process and the Right to Explanation

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Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

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Submitted Nov 28, 2024Updated Jan 11

Judicial Review of Automated Welfare Systems

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Submitted Oct 14, 2024Updated Dec 19

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Technology Law

Copyright Infringement in the Digital Age: Emerging Challenges and Legal Solutions

The digital revolution has fundamentally transformed the creation, reproduction, dissemination and consumption of copyrighted works. The Internet, social-media platforms, streaming services, cloud computing, peer-to-peer networks and artificial intelligence have created unprecedented opportunities for authors, artists, performers, publishers and other copyright owners to communicate their works to global audiences. Simultaneously, the same technological infrastructure has enabled copyrighted material to be reproduced, modified and disseminated instantaneously, inexpensively and across national borders without authorization. Consequently, copyright infringement in the digital environment presents challenges that are qualitatively and quantitatively different from conventional physical piracy. The present research examines the changing nature of copyright infringement in the digital age with particular emphasis on the Indian legal framework. It analyses the Copyright Act, 1957, especially the changes introduced by the Copyright (Amendment) Act, 2012, and examines the interaction between copyright protection, technological protection measures, intermediary liability and digital enforcement. The study further considers the international framework established through the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Particular attention is devoted to online piracy, peer-to-peer networks, illegal streaming, rogue websites, social-media infringement, digital rights management, notice-and-takedown mechanisms, intermediary responsibility, jurisdictional problems and dynamic injunctions. The paper also examines emerging copyright questions arising from generative artificial intelligence, including the use of copyrighted works for AI training, the legal status of AI-generated outputs and the continuing relevance of human authorship. The study argues that conventional copyright principles remain legally relevant but traditional enforcement mechanisms are inadequate when applied in isolation to instantaneous, decentralized and transnational infringement. Effective digital copyright governance requires a coordinated combination of proportionate legal remedies, technological measures, responsible intermediary participation, accessible licensing mechanisms, international cooperation and adequate safeguards for fair dealing and other legitimate uses.

Nidhi Kumari
8 min 7
Environmental Law

Can Nature Be a Legal Person: Perspectives on Rights of Rivers, Forests, and Ecosystems

The growing ecological crisis, characterized by climate change, biodiversity loss, deforestation, pollution, and degradation of freshwater ecosystems, has prompted renewed debate regarding the adequacy of conventional environmental law. Traditional legal systems generally treat nature as property or a resource subject to human ownership and exploitation, providing protection primarily through regulatory mechanisms designed to control environmental harm. In recent decades, however, several jurisdictions have adopted an innovative legal approach by recognizing rivers, forests, ecosystems, and other natural entities as legal persons possessing enforceable rights. This emerging doctrine, commonly known as the Rights of Nature, represents a significant shift from anthropocentric environmental governance toward an ecocentric legal framework that acknowledges the intrinsic value of the natural world. This paper critically examines the evolution of legal personhood for nature from the perspectives of environmental law, constitutional law, jurisprudence, and comparative legal studies. It analyses the philosophical foundations of the Rights of Nature movement, evaluates judicial and legislative developments in jurisdictions including Ecuador, New Zealand, Colombia, India, and the United States, and assesses the legal implications of granting personhood to rivers, forests, and ecosystems. The paper further explores the challenges associated with representation, enforcement, constitutional compatibility, indigenous rights, property ownership, and environmental governance. Finally, it proposes legislative and institutional reforms aimed at developing a coherent legal framework capable of recognizing the rights of nature while balancing ecological protection, sustainable development, and human interests.

Vishnu Yadav
8 min 3
Corporate Law

Independent in Law, Dependent in Practice: Examining the Effectiveness of Independent Directors under Indian Corporate Governance Law

India’s law requires designated independent directors to satisfy detailed eligibility conditions, disclose conflicts, undertake specified duties and sit on committees that supervise financial reporting and appointments. The assumption behind these rules is that a director who lacks disqualifying ties will be able to judge management proposals without undue influence. That assumption is incomplete. A person may comply with every statutory condition yet depend on promoters or an incumbent board for nomination, access to information, committee assignments and a second term. This article examines that dependence through the Companies Act, 2013, the SEBI listing regulations, regulatory reform papers and selected disputes. It argues that the appointment process deserves closer scrutiny than the usual catalogue of independence tests. The law now offers important counterweights, including special-resolution approval and a limited alternative involving public-shareholder support; neither makes the process wholly independent of concentrated ownership. Satyam and IL&FS show what oversight systems are asked to do when management information is unreliable, but do not prove that every independent director in those companies was culpable. A comparison with the United Kingdom and United States suggests reforms centred on nominations, independent information channels, dissent records and evidence-based accountability. The proposed standard measures independence by the director’s freedom to question, investigate and, when necessary, oppose the people who secured the appointment.

Vatsal Sutaria & Archie Kotwani
8 min 4
International Trade Law

Non-Discrimination in International Trademark Protection: A Critical Study of National Treatment and Most-Favoured-Nation Treatment under TRIPS and Indian Law

The Non-discrimination principle is the basis of the global trademark system. This is embodied in the TRIPS Agreement through the principle of national treatment in Article 3 and most-favoured-nation treatment in Article 4. It also elaborates the Paris Convention, incorporated into Article 2.1, and Article 15(4) which prohibits refusing registration on the basis of the characteristics of the goods or services. This article examines the extent to which Indian trademark law fulfils these obligations and highlights areas where its application is at odds with them. It is argued that the Trade Marks Act 1999 is formally neutral as to the nationality of applicants and proprietors. The outstanding questions concern the substance: the treatment of well-known trademarks and their reputation in the transnational sphere; the practical treatment of foreign and local owners; and the interaction between domestic public interest regulations and the principle. The article begins with a description of the doctrinal basis of non-discrimination in the Paris Convention and TRIPS, including WTO case law on national treatment and MFN in the US – Section 211 Appropriations Act, and the limits of trademark rights in the plain packaging controversies. It then assesses the Indian legal framework and its judicial interpretation with a special focus on registration, well-known marks and the Supreme Court’s recognition of transborder reputation. Finally, it considers whether any other differential treatment can be attributed to administrative procedures, evidentiary requirements or regulatory regimes and whether any such differences are compatible with Articles 3, 4 and 15(4). On the face of it, Indian legislation seems to be largely compliant with TRIPS, says the article. It defines areas of demarcation, particularly the identification of famous marks and the evidentiary standards required of foreign owners, where the compliance is dependent on uniform judicial and administrative enforcement. It offers suggestions for more precise legal instructions to bring India’s trademark system in line with the non-discrimination commitments it has undertaken.

Abishek Jeba Marshal J & Naziya S
8 min 2

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