Miscellaneous
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Justice Deferred: The Quiet Crisis of India’s Dispute Resolution System | Adv. Talha Abdul Rahman writes for Virtuosity Legal
Justice in a democracy is not an optional service—it is a foundational promise. Yet, the Indian legal system today reflects a sobering contradiction: while there is abundant enthusiasm for alternatives like arbitration and specialized commercial courts, there is conspicuous neglect in strengthening the primary public system of dispute resolution. The result is a fragmented legal…
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Financial Orders On Divorce: Should It Not Be A Win-Win Situation?
The above-mentioned question suggests that normatively financial orders should strive towards ensuring that parties have neither gained nor lost financially as a result of the relationship. This is premised on the assumption that financial orders in fact in the first place, can ensure parity between parties. This assumption is sought to be challenged through this…
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The Forest Amendment Act 2023: A Constitutional Challenge to Tribal Rights
Abstract The Forest Conservation Amendment Act, 2023, represents a fundamental shift in India’s forest governance framework, transforming it from a conservation-focused regime to a development-facilitating mechanism that systematically excludes forest-dwelling communities from decision-making processes. This analysis examines how the Amendment’s key provisions—territorial exemptions through arbitrary cut-off dates, blanket permissions for development activities, and expanded administrative…
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Legal Dilemmas in Health Data Protection in India
Abstract Data protection has occupied a major space in legal discussions. This emerging field of law does not only guarantee the fundamental right to privacy as held in K.S. Puttaswamy v. Union of India, but it also guarantees the evolution of this right. This evolution extends to the special treatment of health-related data of individuals.…
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Emergency Arbitration In India: A Way Forward
Introduction These powerful words capture the very spirit of legal reform. In today’s fast-paced commercial landscape, the need for swift, enforceable, and efficient dispute resolution mechanisms has never been more pressing. Emergency arbitration has emerged as a crucial mechanism within the international arbitration landscape, allowing parties to obtain urgent interim relief before the constitution of…
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Swades, Satellites, and Statutes: Why Indian Law Schools Need to Look Up
Remember that moment in Swades when Mohan Bhargava, a NASA scientist, returns to India and helps electrify a village with a homemade hydro-turbine? It is the kind of cinematic nostalgia that still gives us goosebumps. However, beyond the emotional high, the film quietly asked a deeper question: what happens when bright minds trained in advanced…
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Why We Need To Teach More About ADR Competitions In Legal Education
In the rapidly changing landscape of legal practice, Alternative Dispute Resolution (ADR) has emerged as an invaluable arena for law students and professionals to develop essential skills. While legal education traditionally focuses on litigation and courtroom proceedings, ADR competitions offer a unique opportunity for students to hone their abilities in areas that are becoming increasingly…
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Assessing Intricacy of Consumer Dispute Resolution Through Mediation
The desire for timely, informal, and effective remedy has been the Raison d’être for the rise of Mediation. Despite consumer rights gaining momentum, justice to consumer has been hard to achieve therefore Consumer Protection Act, 2019, the applicable rules and Mediation Act, 2023 seek to address consumer concerns in a timely and informal manner so…
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Climate Change and the Complexities of Migration and Immobility in India
In the wake of climate change, there in an increase in the use of the term “trapped population” and could be used as a policy tool.[i] However, the scholars also underscore the limitations and challenges of using this concept as a tool in the climate change policy discourse.[ii] The term “trapped” itself suggests that there…
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Crossing the Line: Legal Challenges and Solutions for Transboundary Environmental Harm
Air does not respect any borders, travelling from one place to the other making transboundary air pollution a global crisis. The concept of transboundary air pollution spreads across the international boundaries causing massive issues, but in some countries, it is more harmful than others. Amidst all the global issues, international law experts have raised the…