NUJS Journals West Bengal National University of Juridical Sciences
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MEDIATING THE VICTIM-OFFENDER MEDIATION IN INDIA: POSSIBILITIES AND CHALLENGES
Get PDFThe First Schedule of the Mediation Act 2023 has brought severe restrictions for mediating disputes
involving prosecution for criminal offences and for a settlement in tune with the victim-offender
mediation process. The paper examines the need to develop and further the model and process of victimoffender
mediation in India. The paper journeys through the judicial precedent in this direction and the
statutory impediments. The paper focuses on “mediation” as a model for improving the criminal justice
system, not by replacing the present system but by inculcating the possibilities of mediation in the
criminal justice system. This paper examines how far restorative justice can be applied in victim-offender
mediation and how far this process can humanise the criminal justice system. The paper further examines
how victim-offender mediation empowers the victim’s dignity and allows the offender to repent for the
criminal actions committed. The author confirms through this paper that this mediation process could
allow the victim to participate in criminal proceedings. Thus, a true sense of justice can be given to the
victim. The paper also focuses on encouraging the mediation process in the criminal justice system to
provide an active role for victims in the criminal justice process and empower the victim and the offender
DIGITAL AUTONOMY OR REGULATORY OVERREACH? A CRITICAL ANALYSIS OF INDIA'S BROADCASTING SERVICES (REGULATION) BILL
Get PDFThe regulation of online platforms and broadcasting services lies at the heart of contemporary debates on democratic governance, free expression, and state control. While the independence of digital broadcasting is often framed as essential to fostering an informed citizenry and safeguarding pluralism, the rapid expansion of online content and the growing influence of digital media have intensified calls for regulatory intervention. Governments worldwide face the challenge of maintaining this equilibrium—curbing misinformation and harmful content while preserving the foundational principles of free speech. This article critically examines India's Broadcasting Services (Regulation) Bill, 2024, situating it within broader legal and policy frameworks governing digital media. It analyses how the Bill navigates the competing imperatives of content regulation and freedom of expression, assessing its implications for social media platforms and Over-The-Top (OTT) services. The article further investigates whether the Bill constitutes a measured response to the challenges of the digital age or an overreach that risks constraining independent media and online discourse. It offers a broader reflection on the evolving nature of digital governance in India and its alignment with constitutional and international standards
Analysing India’s Compliance with International Human Rights Conventions on the Rights of Hearing and Speech Impaired Individuals
Get PDFIndia's compliance with international human rights conventions concerning the rights of hearing and speech-impaired individuals has evolved over several decades, reflecting the nation's growing commitment to disability rights. This paper examines India's adherence to key international human rights frameworks, particularly the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to assess the progress and challenges in fulfilling its obligations for hearing and speech-impaired individuals. While India has made significant strides in enhancing legal protections through the Rights of Persons with Disabilities Act, 2016, and the recognition of Indian Sign Language (ISL), substantial gaps persist in the practical implementation of these laws. Key challenges include inadequate accessibility, limited educational opportunities, social stigma, and economic inequality. Despite these barriers, India’s ratification of the UNCRPD and the enactment of national legislation reflect a commitment to improving the rights and quality of life for hearing and speech-impaired individuals
BEYOND RECIPROCITY: REFORMING ACCESS FOR FOREIGN LAWYERS AND BUILDING INDIA’S READINESS IN CROSS-BORDER ARBITRATION AND LEGAL SERVICES
Get PDFGlobal trade in professional services is expanding rapidly, yet India captures only a small share of the legal work that travels with modern supply chains and investment flows. Section 47 of the Advocates Act still ties any foreign entry to strict reciprocity—foreign lawyers may practise only if Indian advocates enjoy equivalent rights abroad. That rule, reaffirmed by BCI v. A.K. Balaji and implemented in the Bar Council’s 2023–25 regulations, protects domestic firms but also deters capital and arbitration business that now gravitates to greener jurisdictions. This paper argues that reciprocity in its current form can become a brake on growth. After comparing the United States, European Union and Singapore, the study traces India’s legislative and judicial journey, highlighting capacity-building gaps, fragmented licensing, and the absence of key enforcement treaties such as ICSID and the Hague Choice-of-Court Convention. It then sets out a reform plan: convert reciprocity into transparent mutual-recognition agreements, upgrade legal education and continuing training, join critical private-law treaties, and strengthen domestic arbitration institutions. Together, these steps would let India protect core courtroom practice while opening non-litigious work, positioning the country as the leading legal hub from the Global South
IMPACT OF SUBSDIES ON FIRMS PERFORMANCE - A REVIEW
Get PDFThis literature review explores the impact of subsidies and protectionist measures on firm competitiveness and performance, focusing on innovation and productivity. As governments increasingly employ subsidies as economic policy tools, understanding their effects on firm behaviour is essential. The review synthesises findings from empirical studies and theoretical frameworks, highlighting both the positive outcomes—such as enhanced total-factor productivity (TFP) and increased innovation capacity—and potential drawbacks, including crowding out of private investment and dependency on government support. The effectiveness of subsidies varies by firm characteristics and industry context, necessitating careful program design. This review also emphasises the role of institutional frameworks in shaping subsidy outcomes and identifies gaps in the literature regarding long-term effects. Ultimately, it advocates for nuanced policymaking to maximise the benefits of subsidies while minimising inefficiencies
OUR OPINIONS MATTER BUT WHO ARE WE TO JUDGE OTHERS: A PERSPECTIVE TOWARDS DIGITAL RIGHTS
Get PDFDiscoveries often provide humans with a loophole to commit crimes due to the lack of legality, resulting in the deprivation of basic human rights in the digital space. For children who have yet to understand good or bad, such crimes of promoting inequality and bullying being appreciated and termed 'cool' give rise to an increase in serious digital crimes in recent years like the boy’s locker room. Digital Rights must not be considered separate from basic human rights. The key question that we must analyze with the digital rights being the subject is the balance between ‘the right of an individual to freely express himself on the internet’ to ‘the right to equality and discrimination-free space for an individual’. Understanding that freedom of speech and expression does not empower us to use discrimination as content for the general masses on the internet, we also need to understand that this right does not provide us with the privilege of writing disrespectful and offensive comments. We must realize that fundamental Rights and duties are the two sides of the same coin. To claim one's right, one must also fulfill one's duty. Legally, reforms should be made to punish people for infringing other’s rights and for their spread of hate. The Internet has become like a second planet for us; we must quickly and seriously ensure the application and execution of rights and laws here
CYBER-CRIMES AND CYBER SECURITY: INSIGHTS INTO THREATS AND PROTECTIONS
Get PDFThe exponential growth of internet usage has led to a parallel rise in cyber-crimes, ranging from hacking and identity theft to cyber terrorism and financial fraud. These offenses not only cause immense financial losses but also undermine user trust in digital systems. This research explores the multifaceted nature of cyber-crimes and the evolving threat landscape in India, focusing on legal, technical, and societal dimensions. It reviews the scope and effectiveness of the Information Technology Act, 2000, and its key provisions concerning data protection, obscenity, hacking, and cross-border jurisdiction. Additionally, the paper examines significant cyber threats like phishing, salami attacks, web jacking, and email spoofing. Using a Linear Regression Model, the study assesses the correlation between public awareness of cyber security and demographic factors such as age and education. The analysis reveals a concerning lack of awareness among certain user groups, highlighting the urgent need for targeted educational and policy interventions. Judicial responses, including landmark cases like State of Tamil Nadu v. Suhas Katti, demonstrate growing legal competence in addressing cyber-crime. The study also reviews proactive government initiatives such as the National Cyber Security Policy (2013), Cyber Swachhta Kendra, and capacity-building programs for law enforcement. This research underlines the critical importance of robust legal frameworks, public-private cooperation, and user education in combating cyber threats. It calls for improved jurisdictional clarity, cross-border legal cooperation, and the potential for a global regulatory mechanism to address the inherently international nature of cyber-crime
Protection of Interests in Aircraft Objects Act 2025: Indian Skies are Still Murky
Get PDFDespite India’s accession to the Cape Town Convention in 2008, the aircraft financing in India was not up to the expected level. This was due to the fact that the remedies available to overseas aviation financiers were not properly enforced in India. The irrevocable deregistration and export request authorisation (IDERA), which is the major tool under the Cape Town Convention for the enforcement of rights by overseas financiers, was not given its due recognition. There were many instances wherein the Director General of Civil Aviation (DGCA) refused to enforce IDERA upon the request of overseas financiers. The absence of a domestic law to enforce the Cape Town Convention in India has been contended as one of the major reasons for justifying the refusal. Though there were multiple efforts to develop municipal laws in tune with the Cape Town Convention, India succeeded in passing a law only in 2025. This legislation is viewed as a major impetus in attracting aviation investments in India. However, Indian concerns are not yet over. A couple of provisions in the 2025 Act take away the merit of passing an aviation financing law in India. Hence, probing into those provisions and rectifying them is essential
ADAPTING TO SOCIAL CHANGE: A SOCIAL CONSTRUCTION APPROACH TO THE NEGEN DADUA MARRIAGE IN BALINESE SOCIETY
Get PDFThe changing in social conditions within contemporary Balinese society
has led to a creative development in addressing such changes. In terms of
marriage institutions, the existing marriage institutions, the regular
marriage and nyeburin marriage are considered no longer relevant to
meet the need of family with a single child. Thus, a newly marriage
institution known as negen dadua is introduced in order to prevent such
family from being without regeneration or descendent. Recently, there
are at least four driving factors to support the popularity of negen dadua
marriage, namely reaction to patriarchal traditions and customs,
constructive innovation of religious teachings, improvement in education,
and the parental-bilateral family system introduced by national law of
marriage. This introduction of negen dadua marriage may also be seen
as a struggle against the dominant patriarchal values occupied the
existing marriage institutions in order to promote a more egalitarianism
in family as well as social relationships within Balinese society