LL.M Dissertation 2024 -25

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    Role of International Criminal Court to Enforcement of Criminal Liability for Commission of War Crimes
    (National Law University and Judicial Academy, Assam, 2024-06) Sharma, Anisha
    The primary aim of this study is to critically examine the role of the International Criminal Court (ICC) in establishing individual criminal liability for the commission of war crimes under international law. The study seeks to assess the effectiveness of the ICC’s legal framework, institutional mechanisms, and prosecutorial strategies in achieving justice for victims of war crimes. It also aims to explore the challenges and limitations that hinder the ICC’s capacity to prosecute such crimes—particularly in contexts involving non-state actors, state non-cooperation, and political interference
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    The Impact of Trademark Enforcement on Consumer Perception and Trust: A Critical Analysis
    (National Law University and Judicial Academy, Assam, 2024-06) Singh, Aryan
    Trademarks, as vital components of intellectual property, serve not only to distinguish goods and services but also to symbolize the origin, quality, and reputation associated with a brand. In the global marketplace, trademarks have evolved from mere commercial identifiers into strategic assets that directly influence consumer choices and loyalty. With increasing globalization, technological advancement, and the rise of e-commerce, trademarks play an even more significant role in shaping consumer behavior, brand perception, and market dynamics.
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    The Role of Alternate Dispute Resolution in Facilitating Cross-Border Trade and Investment: An Indian Perspective
    (National Law University and Judicial Academy, Assam, 2024-06) Krishnakumar, Avinash
    This study aims to critically evaluate the current state of Alternative Dispute Resolution (ADR), particularly international commercial arbitration, in India and to propose actionable strategies for enhancing its attractiveness as a preferred seat for cross-border dispute resolution. The overarching goal is to demonstrate how a robust, efficient, and internationally aligned arbitration ecosystem is indispensable for facilitating increased foreign direct investment and cross-border trade into India, thereby addressing the identified problem of inadequate infrastructure, regulations, and norms.
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    Right to Privacy in India in the Age of Artificial Intelligence: Challenges and Prospects
    (National Law University and Judicial Academy, Assam, 2024-06) Ajay, Attrey
    The regulation of Artificial Intelligence (AI) in India has emerged as a significant challenge, exacerbated by the rapid uptake of AI technologies in high-risk areas such as facial recognition, predictive policing, and automated decision-making in governance. Despite the promising capabilities of AI, there is an absence of a comprehensive and coherent legal framework governing AI in India. The regulatory approach thus far has been piecemeal, resulting in gaps in oversight, accountability, and transparency
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    Predatory Pricing and Anti-Competitive Agreements in E-Commerce Platforms: Indian Framework and Global Trends
    (National Law University and Judicial Academy, Assam, 2024-07) Rajput, Ashutosh
    E-commerce in India, examining the critical competition law challenges that have emerged with its rapid expansion. At its core, the study investigates how prevailing practices such as predatory pricing, deep discounting, and exclusive agreements by dominant online platforms distort market conditions, thereby jeopardizing fair competition and the survival of small businesses and traditional retailers. By highlighting these complex market behaviors, this research underscores the pressing need for robust regulatory interventions to ensure an equitable and competitive digital marketplace.
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    The Intersection of Hate and Free Speech: A Liberal Democratic Perspective
    (National Law University and Judicial Academy, Assam, 2024-07) Kumar, Annu
    This dissertation undertakes an extensive legal and socio-constitutional analysis of the right to free speech in India, specifically focusing on the regulation of hate speech. The primary legal framework consists of Article 19(1)(a) of the Indian Constitution, which guarantee free speech, alongside the restriction permitted under Article 19(2) that allow the state to impose reasonable restrictions in the interest of sovereignty, security, public order, decency, morality, or in relation to defamation and incitement to an offense. The research critically examines how these constitutional provisions have been interpreted and applied by Indian courts to address the challenges of hate speech, which often undermines social harmony and individual dignity.
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    Balancing Patent Rights and Public Health: The Global Divergence in Bolar Exemption Interpretations
    (National Law University and Judicial Academy, Assam, 2024-07) Das, Agniva
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    Trademark Squatting and Brand Protection in the Age of Generative AI
    (National Law University and Judicial Academy, Assam, 2025-06) Das, Swaswata
    In today’s globalized and hyperconnected economy, trademarks function as far more than just logos or symbols. They have now become vital instruments of brand recognition, consumer trust, and market power. Over the years, substantial legal policy efforts have been developed for protecting trademarks against misuse, particularly in the form of trademark squatting. Traditionally, this issue has been addressed through the strengthening of national and international intellectual property (IP) regimes, reforms in registration systems, and participation in multilateral treaties like the Madrid Protocol. These measures have largely been designed to respond to conventional cases of trademark squatting, typically involving human actors exploiting the “first-to-file” rule in jurisdictions like China, India, and Brazil to seize legal control over marks not yet registered by their rightful owners.
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    Anti-Religion Conversion Vis a Vis Freedom of Religion: The Role of Anti-Religious Sentiment in Influencing Religious Conversion
    (National Law University and Judicial Academy, Assam, 2025-06) Singh, Sudhanshu
    In recent decades, the enactment and enforcement of anti-conversion laws by several Indian states have sparked a contentious debate regarding their compatibility with constitutional guarantees and international human rights standards. These laws aim to prevent conversions achieved through force, fraud, or inducement, but they have often been criticized for their vague language, selective application, and potential misuse against religious minorities and vulnerable communities and violating right to profess religion and individual freedom
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    Sexual Violence and the Rights of Dimasa Women: Examining the Interplay of Retributive Justice and Tribal Autonomy
    (National Law University and Judicial Academy, Assam, 2025-06) Thousen Barman, Shreyashi
    Although there have been few or limited reports of Sexual violence against the Dimasa Community in Assam, the growing exposure to modernisation, migration, digital connectivity, and outside cultural influence may cause social norms to shift and the current social fabric to be called into question because of changing demography and values systems, offences against women and other vulnerable Sectors of the Society has become more .prevalent, highlighting the urgent need for culturally sensitive and gender-responsive legal frameworks. In this context idea of age-old tradition is vital to evaluate whether the Dimasa System of tribal autonomy, which is based on customary law and community-based justice, has the legal and structural ability to defend against Sexual Violence against the Dimasa Tribal women.
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    Balancing Creditors’ and Debtors’ Rights under Insolvency and Bankruptcy Code: A Critical Study
    (National Law University and Judicial Academy, Assam, 2025-06) Mishra, Shivani
    The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted to consolidate and reengineer India's haphazard insolvency system to set in motion a time-bound resolution of distressed assets with the idea that maximum recovery will accrue to creditors. The Code's operational framework also reveals a structural imbalance, favoring financial creditors through the Committee of Creditors (CoC), with operational creditors and corporate debtors and limited stakeholder involvement, and it fails to extend adequate safeguards to the aforementioned groups. This imbalance is exacerbated in sector-specific issues, viz., Micro, Small, and Medium Enterprises (MSMEs) and the real estate industry, the unique economic roles and vulnerabilities of the parties are disregarded for a more generic and interchangeable approach in solving these unique problems through a uniform resolution framework. While lawmakers have taken steps to remedy these issues for parties, to recognize homebuyers as financial creditors, and provide pre-packaged insolvency schemes for MSMEs; these parties and other corporate debtors have criticized the IBC's operational framework as still unfairly treating creditors and debtors, provided procedural rigidity, and unduly liquidating sustainable enterprises
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    Towards A Sui Generis Regime for Traditional Knowledge Protection in India: A Critical Analysis of Existing Frameworks and Empirical Realities
    (National Law University and Judicial Academy, Assam, 2025-06) Karn, Shambhavi
    Traditional knowledge (TK) constitutes a foundational element of India’s cultural heritage and is instrumental in sustaining the socio-economic development of indigenous and local communities. Despite its significance, TK remains highly vulnerable to exploitation and susceptible to misappropriation and commercialization, both domestically and internationally, largely due to the inadequacies and fragmentation inherent in the current intellectual property rights (IPR) regime. The existing legal frameworks, such as the Patents Act, Biological Diversity Act, and Geographical Indications Act, provide only partial and fragmented safeguards for traditional knowledge. They fall short in addressing the collective nature, dynamic evolution, and oral transmission of this knowledge, which makes it difficult to fit traditional knowledge within the conventional intellectual property system. The present laws make it difficult to define ownership, novelty or fit within fixed statutory terms when trying to safeguard TK.
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    Constitutional Morality vs. Social Reality: A Critical Analysis of the Implementation Gap in India's Vision on Caste and Religion
    (National Law University and Judicial Academy, Assam, 2025-06) Khatun, Remiza
    The Indian Constitution envisions a society grounded in the ideals of equality, liberty, fraternity, and dignity, particularly as a response to the historic injustices of caste hierarchy and religious divisions. Yet, despite an elaborate legal framework and decades of jurisprudential evolution, the social reality remains starkly at odds with the constitutional vision. Caste-based discrimination, communal hatred, and socio-religious violence continue to manifest across rural and urban India, often with the silent complicity—or active encouragement—of institutions, political actors, and social groups.This persistent implementation gap between constitutional morality and social practice is not merely a legal or administrative failure; it reflects a deeper resistance within Indian society to the ethical transformation that the Constitution demands. While the judiciary has from time to time invoked constitutional morality to uphold individual rights and challenge oppressive norms, these interventions are often met with social backlash, political pushback, or ineffective enforcement
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    Legal and Ethical Challenges in Protecting Folk Songs in India: Cultural Appropriation, Traditional Cultural Expressions, and Copyright Issues
    (National Law University and Judicial Academy, Assam, 2025-06) Kumar Garg, Rajat
    Folk music has been an integral part of India’s cultural and artistic heritage, passed down through generations as an expression of collective identity. However, with the advent of modernization and commercialization, folk songs are frequently adapted, remixed, and reinterpreted by mainstream artists, often without recognizing their original creators or cultural significance. This raises critical legal and ethical questions regarding copyright, ownership, and the boundaries between cultural appropriation and adaptation. This dissertation seeks to examine the legal frameworks governing the remake of folk songs in India, the extent to which traditional cultural expressions are protected, and the reforms needed to create a balanced approach between intellectual property rights and cultural preservation. The remake of folk songs in India presents a complex intersection of law, culture, and commerce
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    The Legal Challenges of E-Commerce Vis-À-Vis Consumer Protection in the Digital Age
    (National Law University and Judicial Academy, Assam, 2025-06) Paul, Sanchita
    Although e-commerce's rapid expansion has fundamentally altered how consumers engage with businesses, the digital revolution has also given rise to a number of new consumer protection-related legal concerns. As online purchases become increasingly prevalent, consumers face an increasing variety of risks, including fraud, deceptive advertising, data breaches, and unclear return policies. Because e-commerce is global in scope, jurisdictional issues make it difficult to hold businesses accountable across borders. The fast-changing digital transaction landscape and the rise of new technologies like artificial intelligence are making it harder for traditional consumer protection laws to stay up to date. As e-commerce grows, lawmakers, regulators, and businesses must collaborate to create modern, cohesive legal frameworks that provide robust consumer protections and keep up with technological developments
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    Prohibition of Arbitrariness Under Article 14: A Study of Judicial Trends
    (National Law University and Judicial Academy, Assam, 2025-06) Das, Riya
    Article 14 of the Constitution of India provides for equality before law and equal protection of law. When giving meaning to Article 14, the Supreme Court has extended the domain of arbitrary state action to additionally include a prohibition on state action that is characterized by arbitrariness. This extension which guarantees the prohibition on arbitrariness, while intended to promote fairness, has, to some extent, introduced problems of clarity and consistency of application. It is problematic that there is not a precise, universally accepted concept for identifying and measuring arbitrariness, because it could lead to inconsistency in judicial application or arbitrary conclusions that violate the equality principle. This study will explore the judicial development of the prohibition of arbitrariness in the context of Article 14, the implications for the equality principle, and the implications for legal certainty in India.
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    Trademark Functionality in the Context of Fashion and Luxury Brands
    (National Law University and Judicial Academy, Assam, 2025-06) Sharma, Runjhun
    The main issue addressed by this work is the vagueness in Indian trademark law and the treatment of aesthetically functional aspects of fashion and luxury goods. Other jurisdictions, such as the United States and the European Union, have developed jurisprudence and statutory interpretation to provide some scrutiny regarding aesthetic functionality, but Indian law has yet to develop any such jurisprudence or statutory interpretation. Therefore, this legal gap creates uncertainty in enforcement, can dilute a brand's protection strategies, and may deter innovation and competition in the fashion industry.
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    The Role of Artificial Intelligence and Machine Learning in Transforming Indian Businesses
    (National Law University and Judicial Academy, Assam, 2025-06) Khan, Tousif
    The introduction of Artificial Intelligence and Machine Learning has transformed industries across the world, including India, through a redesign of business processes, customer interaction, and decision-making. Indian companies, from small startups to large conglomerates, are finding it increasingly necessary to embrace AI and machine learning technologies in order to remain competitive. The implementation of Artificial Intelligence and Machine Learning in Indian companies is a major shift, but it comes with a host of social, legal, ethical, and economic challenges.
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    Assessing the Role of Risk Management in the Success of Cross-Border Merger and Acquisition (M&A.)
    (National Law University and Judicial Academy, Assam, 2025-06) Sulabh
    Cross-border mergers and acquisitions (M&As) operate in complex legal frameworks subject to the impact of multiple jurisdictions, each having its own regulatory, corporate, taxation, and compliance requirements. Such legal complexity is a primary risk to the success of such transactions, especially when acquiring firms lack effective legal risk management systems. Despite cross-border M&As having risen globally, most transactions are delayed, restructured, or canceled because of unforeseen legal and regulatory challenges.
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    Criminalization of Politics in Northeast India: Challenges and Recent Trends
    (National Law University and Judicial Academy, Assam, 2025-06) Thousen Barman, Dibyashree
    Criminalization of politics presents a severe threat to democratic integrity and good governance in India, and its impact in Northeast India is particularly troubling due to the region’s unique socio-political fabric. Despite the Northeast's strategic significance, cultural diversity, and constitutional guarantees of autonomy, the region has witnessed an increasing entrenchment of individuals with criminal backgrounds in political and administrative institutions. This criminalization is not limited to the mere presence of criminal cases against candidates; it is symptomatic of deeper systemic failures that allow crime and power to reinforce each other. In states such as Manipur, Nagaland, Assam, and Tripura, electoral processes have, at times, become vulnerable to manipulation through money power, coercion, insurgent influence, and communal polarization. Criminal networks often operate hand in glove with political actors, using financial and militant resources to capture votes, silence opposition, and consolidate authority. Insurgent groups—some active, others former—continue to play a shadow role in shaping electoral outcomes by issuing voting diktats or aligning with political parties through informal understandings