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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.

Cyber Law/Contract Law
The Intersection of Machine Learning and Indian C...
Aditi. N. V
Cyber Law/Contract Law8 min
Constitutional Law
Whether the Right to Know Come Under the Scope of...
Nikhil Kumar
Constitutional Law8 min
Environmental Law
Can Nature Be a Legal Person: Perspectives on Rig...
Vishnu Yadav
Environmental Law8 min
International Trade Law
Non-Discrimination in International Trademark Pro...
Abishek Jeba Marshal J
International Trade Law8 min
Corporate Law
Independent in Law, Dependent in Practice: Examin...
Vatsal Sutaria
Corporate Law8 min
Technology Law
Copyright Infringement in the Digital Age: Emergi...
Nidhi Kumari
Technology Law8 min
Criminal Law
Forensic Odontology in Criminal Investigations: S...
M. Kiruthika
Criminal Law8 min
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Digital Due Process and the Right to Explanation

Under Review
Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

Revision Requested
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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Criminal Law
Evidence, sentencing, and criminal procedure
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Fundamental rights, federalism, and judicial review
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Governance, insolvency, and securities regulation
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Contract Law scholarship in the IJCLSI catalogue
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Latest Publications

November 2026

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Cyber Law/Contract Law

The Intersection of Machine Learning and Indian Copyright Jurisprudence: The Case for a Dedicated Artificial Intelligence Content Statute

The exponential rise of generative artificial intelligence (AI) has profoundly disrupted established legal doctrines surrounding intellectual property, posing complex challenges for global copyright regimes. In the Indian context, the interaction between generative models and the Copyright Act of 1957 has introduced deep regulatory uncertainties, particularly regarding uncompensated web-scraping for algorithmic training and the ambiguous legal standing of machine-authored content. Although India has built a robust framework for digital governance and technological scaling, its current statutory protections remain heavily skewed toward network security and data privacy, leaving intellectual property safeguards severely neglected. This paper provides a granular evaluation of how AI models strain existing Indian copyright laws and explains why iterative, piecemeal statutory revisions are fundamentally insufficient. To address these systemic gaps, this research advocates for a standalone legislative enactment specifically engineered to handle content regulations at the intersection of AI and copyright. By introducing mandatory dataset logging, creating a distinct legal tier for synthetic works, and optimizing automated text and data mining (TDM) licensing models, this proposed framework balances the rights of human creators with the societal need for computational innovation.

Aditi. N. V & Debasree Ghosh
8 min 2
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 7
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 6

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