1.Carbon Credits and Arbitration: Exploring Opportunities in India and Africa’s Climate Battle – Khushi Agarwala and Ghazal Bhootra

The article engages with the interconnection between three factors, namely carbon credits, investment treaty arbitration, and local communities. It undertakes the study of two jurisdictions- India and Africa. The first part analyses carbon credit legislation in India, namely the Energy Conservation (Amendment) Act and the Draft Carbon Credit Trading Scheme. It then delves into the Model Bilateral Investment Treaty 2015 and other agreements that have embodied environmental protection. The paper highlights how disputes in carbon credits can increase due to the rise in concepts such as Corporate Social Responsibility and Environmental Social Governance and a possible tax-free carbon credit system that can attract foreign investors. The second part examines the African landscape in carbon legislation, particularly the case study of the Democratic Republic of Congo and Tanzania, which have been at the forefront of the involvement of local communities in carbon credit projects. The paper makes an argument for the involvement of these communities in arbitration while examining the 2016 Draft Pan-African Investment Code. The third part points out lessons that India can take from Africa, showcasing the regressive involvement of local communities in Indian policies and advocating for their inclusion in the fight against the irreversible damage to the environment. The paper concludes that in order to succeed, it is necessary to defeat the notion that environmental preservation will debilitate economic development. It is possible to realise this goal when local communities are included and remunerated for their conservation efforts as they face the skewed brunt of climate change.

2. UCC: Decoding the Intent of the Assembly – Sanskruti Mashukar Kale and Harshal Chandra

The article delves into the issue of the ‘codification of personal laws in India’ has remained unresolved for decades. Therefore, amidst the ongoing discourse of the Uniform Civil Code (UCC), it is crucial to understand the origins of this idea. The roots of the discussion around the codification of personal laws date back to the British colonial times, where attempts were made to codify Hindu and Muslim personal laws. Further, the idea resurfaced before the Constituent Assembly while drafting the Indian Constitution. Therefore, this paper briefly notes the evolution of the codification of personal laws in India during the colonial period. Furthermore, the paper comprehensively examines the original intent of the Assembly which meticulously incorporated the notion of UCC into the constitutional framework. The paper emphasises the importance of sifting through the legislative history to understand the original intent of the legislature and a broad sight into it. It also highlights the importance of deciphering the Assembly’s intent in positioning UCC as a Directive Principle of State Policy (DPSP) rather than a fundamental right. By analysing the speeches made by various members of the Assembly during the UCC Debate, this paper attempts to address the nuances of ‘why’ despite prolonged deliberations within the Assembly, enforcement of UCC did not culminate in unanimous agreement; and how the Assembly vested the responsibility for UCC’s enactment in future generations. Lastly, this paper also discusses the contemporary UCC debate and its consonance with the intent of the Assembly, thereby suggesting a pragmatic approach of enacting and reenacting progressive personal laws that promote gender equality and justice while respecting diverse cultural practices, rather than stressing upon a rigid civil code for personal laws.

3. Sustainable Commuting: Bike Taxis and their Quest for Comprehensive Legislation – Manan Chhabra and Utkarsh Yada

The article explores the recent ban on bike taxi services in the capital by the Delhi Government and touches on the legal perspective of the circumstances that led to it. The research article delves into the significance of bike taxis in urban transportation and advocates for their legalisation. Tracing the evolution of bike taxis, this piece deals with multiple advantages in all aspects that they carry over other taxi services. However, their proliferation has been hindered by regulatory barriers, leading to outright bans in certain regions. The study highlights the role of bike taxis in promoting sustainable mobility and reducing traffic congestion by providing efficient last-mile connectivity. Additionally, their contribution to lowering carbon emissions aligns with environmental objectives. The article proposes a comprehensive regulatory framework based on successful case studies from countries that have integrated bike taxis into their transportation systems through supportive legislation. This article emphasises the need for proactive legislative action to legitimise bike taxis in urban transportation. By addressing safety and regulatory challenges, bike taxis can become integral to the transportation mix, easing traffic congestion, enhancing last-mile connectivity, and contributing to a greener, sustainable future. Towards the end, the article analyses the safety features that the service apps provide in response to the concerns raised by the governments. Additionally, it lists down some unintended effects of the nationwide ban that hinder some of the policies of the same governments.

4. Money Transfer using Prepaid Payment Instruments (PPI) and Consumer Protection: A Regulatory Snapshot – Prof. (Dr.) Ritu Gupta

Consumer confidence and trust in a well-functioning market for financial services promotes financial stability, growth, efficiency, and innovation in the long run. The advancement of technologies and their usage in the banking sector has, inter alia, facilitated the global shift towards cashless money transfers. However, fraudulent practices and financial scams have, time and again, exposed multiple grey areas in the payment ecosystem and the vulnerability of consumers to the evolving spectrum of threats. This paper is an attempt to assess the package of benefits and the advantages that these digital payments offer with special reference to PrePaid Instruments (PPIs). The focus of this article shall be digital money transfers using PPIs and the regulatory regime that deals with it in India and at the international level. Furthermore, this study identifies the safeguards as well as the remedial measures available to consumers in case of fraudulent transfers using PPIs. The author, through this work, intends to highlight the role of regulators like the Reserve Bank of India (RBI) and relevant provisions of the Consumer Protection Act, 2019 that govern such transactions.

5. Nurturing a Sustainable Financial Frontier: Exploring Prospects and Hurdles in Fortifying Corporate Governance within the Green Finance Sector – Srishti Sinha

Robust corporate governance stands as the cornerstone of every corporate entity and financial institution. It functions as the mechanism responsible for overseeing the organization’s operations and safeguarding the interests of its stakeholders. Given the growing significance of environmental and social concerns, safeguarding investments becomes paramount to ensure sustained growth and to allure prospective clients. The banking and finance sector is the backbone of the financial flow of the economy. However, the harm to the environment is mostly done through these economic activities. To curb this issue, the concept of ‘green finance’ is introduced, which is a novel concept that aims to ensure environmental and economic sustainability. Apart from this, ‘green finance’ is efficient enough to maintain sound corporate governance in the financial institution as the interplay between ESG standards and financial market value creates a positive impact on the banking governance. In light of the same, this article is an attempt to highlight the amalgamation of green finance and corporate governance in the finance sector with a specific focus on the opportunities and hurdles while achieving the said target. Firstly, the article highlights the basic understanding of the concept of green finance along with its need in the finance sector. Secondly, the article presents an overview of the ESG standards and the role of green finance in promoting sound corporate governance in the finance sector and whether the concept of green finance is beneficial in practical aspects. Thirdly, the article analyses the growth of green finance in the global market. Fourthly, the effective steps and opportunities to strengthen corporate governance for a greener financial sector are discussed. Lastly, the potential barriers which can act as hurdles in achieving the said goal have been discussed.

6. Bail Under Section 436A CrPC: Appraising the Tenuous Jurisprudence and Providing an Alternate Imagination – Kartik Sharma

Bail is considered to be one of the most significant manifestations of the rights-protecting aspect of the criminal justice system. The statute regulating the Indian criminal procedure, The Code of Criminal Procedure 1973, contains provisions that deal with bail. This piece delves into one particular provision, Section 436A, which entails the bail granted to an undertrial on account of completion of one-half of the maximum sentence. There exists significant literature on bail law in India. However, Section 436A, being a recently introduced provision, has eluded extensive coverage, and this piece attempts to fill this gap. The piece explores the jurisprudence on Section 436A, beginning from pre-436A until the present era. This analysis renders clear the lack of a unifying paradigm across the judicial hierarchy that fails to appreciate the gravity of the violation of the fundamental right to a speedy trial and the salience of Section 436A as a remedial measure thereto. The piece then tries to delineate the exact contours of the restrictions on Section 436A bail by employing various theoretical lenses. The aim is to highlight the unique nature of Section 436A in contrast with the availing of bail in other situations.

7. Spectator Liability in Gang Rape Cases in India – Manas Agrawal

The discourse surrounding the concept of spectator liability in gang rape cases within the realm of Indian criminal law has been conspicuously sparse. Yet, it is imperative to acknowledge that gang rape is fundamentally an audience-oriented crime. Spectators play a dual role, laden with both positive and negative implications, contingent upon the contextual circumstances. In essence, the linchpin of this duality is motivation, as spectators either directly or indirectly influence the actions of the principal actors involved. On one hand, if this motivation leads to desirable outcomes, it should be encouraged. However, when the consequences are undesirable, it must be unequivocally prohibited. This paper posits that, in the context of gang rape cases, spectators bear a predominantly negative connotation, necessitating the prohibition of their encouragement due to the inherently harmful consequences that ensue. The paper adopts a systematic funnel approach, progressing from the general to the specific. Firstly, it draws from international literature to establish the inherent desirability of incorporating spectator liability into the criminal framework of gang rape cases. Secondly, it conscientiously addresses and counters major potential criticisms that may arise against the idea of criminalizing spectator liability. Thirdly, it meticulously examines the distinctive sociocultural landscape of India, citing pertinent legal provisions such as Section 376D and Section 107 of IPC to advocate for the incorporation of spectator liability within the Indian legal framework in gang rape cases. Lastly, the paper substantiates its argument by offering a real-life example, underscoring the tangible benefits and positive practical consequences resulting from the criminalization of spectator liability.

8. ‘Killing It’ through Acquisitions: The 21st Century Rockefellers in Tech Market – Pranav Jain and Utkarsh Sharma

While mergers and acquisitions have been a common practice in the corporate world, the rise of ‘killer acquisitions’ comes up as a novel threat to market competition and innovation. These strategic manoeuvres are all about established firms acquiring emerging competitors, not for their assets or market share, but to eliminate them from the market and solidify their dominance. This article scrutinizes the phenomenon of killer acquisitions, shedding light on the deficiencies associated with their identification and regulation by competition watchdogs. Through a comprehensive analysis, this study assesses the efficacy of the recently introduced deal value threshold which expands the jurisdiction of the Competition Commission of India. Conclusively, it propounds that relying solely on the deal value threshold is inadequate in curtailing such acquisitions. To effectively tackle this issue, the authors suggest a twopronged approach. Firstly, the supplementation of the deal value threshold with an enhanced ‘ultimate intended effect’ test, facilitating a comprehensive evaluation of the potential impact on both market competition and innovation. Secondly, it recommends a meticulous examination of killer acquisitions as per tailor-made regulations for the players which can negatively impact competition. The recent introduction of the Digital Markets and Data Unit serves as a perfect midway in ensuring the regulation does not end up hurting the economy through overt regulation of any entity’s actions and, at the same time, protects the acquisition of nascent players and startups. The implementation of these proposed measures will empower the enforcement agency to aptly identify the anti-competitive nature of killer acquisitions and undertake appropriate actions to safeguard market competition and foster innovation within the Indian landscape.

9. Preserving Celebrity Persona: A Comparative Examination of Personality Rights in India and Around the World Amidst AI Advancements – Niyati Trivedi and Vansh Singh

In today’s fast-paced world, ideas pertaining to intellectual property rights give rise to a plethora of ways to safeguard an individual’s interest. In the same manner when the intellectual property rights conjoin with a person’s personal rights, personality rights come into existence. But as these rights are provided to individuals, simultaneously, new challenges come as a threat. For instance, one of the biggest threats in the current scenario is the growing usage of Artificial Intelligence. Personality rights’ exploitation has been an issue for a long, but in the modern era, it has found recognition to develop and safeguard the interests of celebrities who are violated of their personal rights. Celebrities have the power to control their public persona, including their name and voice, and the right to decide when the media may photograph or record them. There are several occasions where privacy invasions, harassment, or humiliation have affected celebrities. India has a long history of valuing its cultural heritage and traditions while upholding the dignity and privacy of individuals. Both the right to life and the right to an individual’s own personality are protected by Article 211 of the Indian Constitution. This paper aims to demonstrate the interpretation of personality rights concerning celebrities in modern times and their legal standing in India. It supports the claims with various cases exhibiting the issue and various remedies provided by Indian courts. The paper draws a comparative study of various jurisdictions all around the world and analyses their take on personality rights, and focuses on the potential India can reach to safeguard the public rights of celebrities. The paper also focuses on AI driven media commercially exploiting the personal rights of celebrities by using their images and voices generated through AI mechanisms and in other forms.