LL.M Dissertation 2025-26
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Item A 15-Year Retrospective on the Dodd-Frank Act: Regulatory Burdens on Community Banks and Comparative Lessons from the Indian Banking System(NLUJAA, 2026) Sharmistha IndwarThe global financial crisis that occurred in the year 2008 was a massive and unforgettable turning point in the entire history of international banking law. In the years before the crash the United States government strongly believed in the concept of deregulation which essentially means that they wanted to remove strict rules and let banking institutions to whatever they wanted to do. The most famous example of this specific approach was the removal of the historical protections found inside the Glass Steagall Act, 1933. Originally this important law acted as a strong and protective wall that kept safe, boring and everyday consumer banking completely separate from wild and high-risk Wall Street gambling. However, when the government eventually tore down this legal wall massive global banks started mixing the regular savings of everyday people with extremely risky financial bets. Because these gigantic mega banks were so huge in size and so deeply connected to every single part of the global economy their reckless gambling created a very dangerous ticking time bomb. When the housing markets crashed in the year 2008 these giant banks began to completely collapseItem A Legal Analysis of the Protection of Tangible and Intangible Cultural Heritage of the Koch Rajbongshis Under the Intellectual Property Rights Regime(NLUJAA, 2026) Haripriya RajbongshiCultural heritage is the combined legacy of traditions, customs, body of knowledge and cultural manifestations that are preserved and passed down through generations within a community. It is one of the fundamental aspects of social identity and historical continuity. It reflects the value, beliefs and practices of a given community of people. Cultural heritage is broadly divided into two major categories; tangible and intangible heritage. Tangible cultural heritage entails physical and material manifestations of culture such as artifacts, traditional clothing, handicrafts, architectural structures, and other objects that reflect cultural identity of a people. Intangible cultural heritage on the other hand is non-material cultural expressions that are transmitted through generations mainly through oral expression and the participation of people.1 In a culturally diverse nation like India, indigenous and ethnic communities are a vital part in preserving such heritage. And this adds a significant contribution to the cultural richness and diversity of the nation.Item A Transnational Gavel: Magnitsky Sanctions and Whistleblower Protection in BPC Nexus States(NLUJAA, 2026) Ishani ChatterjeeThe term Bureaucratic-Political-Criminal (BPC) Nexus refers to a lasting structural amalgamation of state administrative machineries, political power and organised criminal organisations which transforms the formal state institutions into the channels of illicit accumulation and repression. It is not just breaches of corruption as the BPC Nexus characterises a systemic integration whereby rule-of-law functions (investigation, prosecution, regulation and adjudication) are under subordination to private or partisan interests. In this type of systems legal forms exist that serve merely as instruments; laws, procedures and state agencies serve to defend individual interests, or to cover expropriation, or to put off critics. In modern research other terms (state capture, kleptocracy, criminalisation of the state) are utilised to describe the same trend; theoretically, the key characteristic is the breakdown of institutional integrity and objectivity that the normal checks and balances assume. Legal protection of whistleblowers represents a principal mechanism to maintain the rule of law, institutional transparency, and mobilise domestic accountability structures that are geared towards identifying and preventing corruption and severe rightsviolations. Whistleblowing, as an internal remedy, enhances regulatory integrity and confidence of the population in systems where the reporting individuals are assured of independent investigative authority and impartial courts to act on their complaints. In other jurisdictions organised around a Bureaucratic-Political-Criminal (BPC) nexus, however, the institutional capture of whistleblower protection laws and control systems is often made ineffective by this capture.Item Access to Diagnosis and the Right to Healthcare: A Rights-Based Approach to Understanding Section 3(I) of the Patents Act, 1970(NLUJAA, 2026) Anjali BrahmaPatent law is based on the idea that knowledge can be transformed into property. Patent law seeks to promote innovation and technological advancements by granting exclusive rights over an invention.1 It rests on the idea that granting patent rights will increase private gains to the innovators for their intellectual labour, stimulating innovation.2 It imposes costs on society, as well as benefits.3 This model is effective in industrial contexts, where inventions are often capable of replication and commercial exchange to protect the rights of the interest holder. However, when it is applied in the context of medicine, this framework encounters a fundamental difficulty, as medicine is not merely technical but is closely tied to human dignity, ethical responsibility and public welfare. Medical knowledge goes beyond mere commodification, and involves the discovery of natural relationships, biological processes, and diagnostic correlations.4 As a result, not all forms of medical knowledge can be easily treated as private property.Item Algorithmic Underwriting in Indian Insurance: A Need for Regulatory Framework(NLUJAA, 2026) Deepannita MedhiThis research examines the legal and regulatory dimensions of algorithmic underwriting in the Indian insurance sector and proposes a framework for legislative and regulatory reform. The goal is a framework under which algorithmic underwriting is consistent with India's constitutional commitments to equality, dignity, and privacy, and with the wider policy objective of equitable insurance penetration. The research pursues four specific objectives. First, to analyse the technical architecture of algorithmic underwriting systems in order to identify the mechanisms through which discrimination, opacity, and accountability deficits arise. Second, to map the existing Indian legal framework, including constitutional provisions, statutory instruments, and regulatory instruments, and to assess its adequacy for governing algorithmic underwriting. Third, to undertake a comparative analysis of regulatory approaches adopted in the European Union, the United Kingdom, and the United States, distilling transferable principles and identifying approaches calibrated to India's specific institutional and socio-economic context.Item An Analytical Study of Author’s Special Rights Vis-À-Vis, Transformative Expression Under Copyright Regime in India(NLUJAA, 2026) Anukriti SrivastavaTo critically analyse the scope of author’s special rights under Section 57 of the Indian Copyright Act 1957 and to examine the judicial interpretation of the standard of “prejudice to honour or reputation” from Mannu Bhandari judgement (1987) to the present jurisprudence. To evaluate the extent to which the judicial expansion of personality rights jurisprudence in India has affected the protection of transformative expression beyond the work-specific framework of author’s special rights under the Copyright Act 1957. To examine the structural limitations of Section 52, particularly the absence of an express parody and satire exception, and to assess the impact of interlocutory injunctions on the space available for transformative expression within the Indian copyright regime. To propose statutory and judicial measures that could effectively address the legal challenges surrounding transformative expression within the Indian copyright regime.Item Avatars, Assets and Authority: Enforcing IP Rights in Decentralised Virtual Space(NLUJAA, 2026) Mandvi TripathiThis dissertation takes the premise that current IP law is not a complete solution, nor is it entirely ineffective, in addressing the issues raised by decentralised virtual worlds. In principle, the interests of creators and rights-holders can be protected in these contexts under the principle of copyright, trade mark and design rights. What is not possible now is the enforcement infrastructure, the mechanisms, institutions and governance that will help to vindicate those rights when they are violated. The law can talk of rights; it can’t talk of enforcement in a decentralised virtual world. The concepts and the evolution of the web are discussed extensively in chapter . The focus of this dissertation is that gap: between the existence of rights and the capacity to enforce them, which this dissertation aims to analyse, explain and address, through concrete proposals for adapting the doctrine and reforming the structures.Item Bass Bajna Chahiye Gaana: Public Performance Copyright Enforcement and Unequal Access to Compliance in India(NLUJAA, 2026) Arya MirganeIndia’s culture is deeply intertwined with music. From Holi and Christmas to Birthday Parties and Weddings, music forms a quintessential part of Indian celebrations. Alongside its cultural significance, the Indian Music Industry is celebrated worldwide for its melodious tunes to heart-throbbing songs, acting as a massive economic industry sustaining and inspiring a wide range of artists all over India for decades. The research strives to assess if, in practice, compliance burdens often fall disproportionately on low-income and small-scale users such as local event organizers and rural vendors who, more often than not, lack legal awareness or financial capacity, while high-revenue establishments are better positioned to negotiate, delay, or evade licensing obligations. This disparity raises concerns regarding fairness, accessibility, and the effectiveness of copyright enforcement and questions whether the current framework is sufficient to operate equitably across various socio-economic groups. The ‘Copyright Act, 1957’2 came into existence in the post-independence era to foster creativity, reward such artists and creators, and to enable the prosperity of innovation by granting them exclusive rights to their work for a limited duration. The Act aligns with international standards and guidelines particularly those established under the ‘Berne Convention, 1886’. The Convention acts as an international foundation to protect the rights of creators of diverse fields of works.Item Beyond Physical Copies: Assessing the Applicability of the Doctrine of Exhaustion to NFTS and the Physical/Digital Dichotomy in Trademark and Copyright Law(NLUJAA, 2026) Aastha PattanayakThis dissertation has structural limitations as well as it primarily focuses on public, decentralised blockchain ecosystems (such as Ethereum) where on-chain proofs of alienation are cryptographically audible, meaning that private, permissioned ledgers fall outside its direct scope. Additionally, since the global legal landscape governing Web3 technologies is in a state of constant, volatile motion, several core legislative instruments analysed, such as the Digital India Act, are reviewed based on current draft white papers and emerging enforcement trends available up to 2026. Lastly, the research is limited by the technical realities of Link Rot and decentralised storage vulnerabilities, which limit the absolute stability of the underlying data outside the immediate blockchain ledger.Item Bio Piracy VIS-A-VIS Medicinal Plants in Assam: A Socio Legal Analysis(NLUJAA, 2026) Sachin MungratiCentral to this discussion is the controversy surrounding ‘biopiracy’, which involves unauthorized commercial utilization of biological resources and related traditional knowledge (TK) without authentic compensation or benefit-sharing from indigenous communities that have cultivated these resources for thousands of years. The shift from an age where genetic resources were seen through the legal myth of the 'common heritage of mankind', now supplanted by sovereign rights, a regime largely driven by the Convention on Biological Diversity (CBD) 1992,2 has markedly changed international environmental law. State of Assam located in North-Eastern part of India is a signing country under the Indo-Burma biodiversity hotspot. It is richest in endemic flora containing extremely useful phytochemistry and secondary metabolism, which was used for therapeutic and medicinal application by local aborigine communities (Bodo, Mising, Karbi, Rabha & Tiwa tribes). The customary custodians of this ethnobotanical heritage are the traditional healers of Assam, more commonly called as the Bez. On the basis of their knowledge on few native medical plants specific, such as Rauvolfia serpentina (Sarpagandha), Coptis teeta (Mishmi Teeta) and Garcinia pedunculata (Borthekera had used respectively in curing complaint from simple Dermal infection to complicated Gastro-intestinal disorders.Item Biometric Authentication Failure and Accountability in Indian Banking System: A Legal Analysis(NLUJAA, 2026) Siddhi Datri SinghUnder this methodology, the legal doctrines from primary texts are examined and critiqued in order to figure out their pragmatic realities and irregularities, if any. Though, the issue in question in this research in intricate therefore analytical techniques are employed. The principal statutes like BR Act, PSS Act, Aadhaar Act, PMLA, CPA 2019, DPDPA 2023 are read in detail. Case laws like Pragya Prasun, Puttaswamy II, LIC V CERC are further given detailed reading. This close reading has helped in understanding the interpretation of a legal rule established by this text and the way in which they function. The study also uses structural doctrinal analysis in order to assess the way numerous legal architectures operate and interact during a single transaction. The comparative method is also utilised to examine the contemporary international norms and find if any can suit Indian milieu. These are further supplemented by secondary resources like peer-reviewed academic articles, books, official government and regulatory reports.Item Bridging the Gap Between Corporate Data Practices and Right to Privacy: Evaluating the Constitutional and Regulatory Validity of Algorithmic Management in Post-Puttaswamy India(NLUJAA, 2026) Anurag DasA very prominent example of this paradigm shift can be found in the extensive adoption and usage of algorithmic management. As per the International Labour Organization (ILO), the term “Algorithmic Management” refers to “algorithmic systems that use tracked data and other information to organize, assign, monitor, supervise, and evaluate work.” This system has automated numerous functions that are fundamental to the operations and decision-making of a corporation, such as hiring, performance monitoring, and even termination of employees. These systems use opaque algorithms and are a form of “Automated Decision-Making Systems” (ADMS). Corporations use these systems because they offer extensive operational efficiency and minimise their costs. The ILO has reported that in India algorithmic management has been associated with “a decline in job quality, with clear evidence of increased monitoring and work intensity,” underscoring that efficiency gains are often traded off against worker autonomy and well-being. This form of intrusive surveillance clashes with human dignity and autonomy, which is inherent to the fundamental “Right to Privacy.” A recent OECD working paper on algorithmic management in the workplace finds adoption rates of these systems above 75% in surveyed countries and highlights widespread concerns among managers about opacity, accountability, and the impact of such tools on the mental health and dignity of workers. The first chapter attempts to extensively define the meaning and scope of algorithmic management, and how it differs from traditional data processing.Item Computational Gatekeepers and Covert Targeting: Rethinking Safe Harbour, Data Protection and Competition Regulation in Indian E-Commerce(NLUJAA, 2026) Aditya DasThis research examines as to how these algorithmic decision-making systems function in e-commerce platforms and how these platforms had coded algorithms that have evolved beyond mere passive intermediaries to become active curators and market manipulators, challenging the foundational assumptions of safe harbour immunity. This research also studies the gaps in the Indian legislative and regulatory frameworks and shall identify the gaps from which such algorithmic processes escape meaningful evaluation despite their significant impact on market competition and consumer welfare. This research also proposes that a liability model should be put forth to monitor and distinguish between passive content hosting with that to active algorithmic curation and that the upcoming legislative amendments or regulations should incorporate algorithmic transparency mandates which will require the e-commerce operators to disclose ranking criteria, bias mitigation measures and automated or sponsored decision making criteria for systems that materially affect the market access or consumer choice by boosting ads that surely alter the final decision making process of the consumer. In recent years, the Competition Commission of India has flagged the algorithmic misuse, and to prevent that, governance in terms of algorithmic fairness is needed. This research draws attention to the much needed transparency of e-commerce platforms and suggests the incorporation of regulatory bodies that will serve as an effective regulatory tool to prevent anti-competitive practices.Item Constitutionalism and Feminine Justice: Reproductive Rights and Bodily Autonomy in India(NLUJAA, 2026) Shuvam DasThis dissertation adopts a doctrinal and qualitative research approach to examine the relationship between constitutionalism, feminine justice, reproductive rights, and bodily autonomy in India. The study is primarily based on secondary sources and involves an in-depth analysis of legal, constitutional, and scholarly materials. The research refers to important international conventions and consensus documents, as these instruments provide valuable insights into the global recognition of women's reproductive freedom and bodily integrity. At the national level, the study analyses the Constitution of India, relevant statutes, and significant judicial decisions that have shaped the legal understanding of reproductive rights, privacy, dignity, equality, and personal autonomy. The research also draws upon books, journal articles, research papers, reports, and writings of constitutional scholars and feminist thinkers to explore the theoretical and practical dimensions of the subject.Item Copyright in Sports Broadcast Cinematography: Legal Framework and Protection Under the Copyright Act, 1957(NLUJAA, 2026) Dalia DeyThe commercial and legal significance of sports broadcasting has been essentially changed in the first place by the rise of television networks, digital platforms, and over, the, top (OTT) streaming services. Sports broadcasts are currently one of the most attractive forms of audiovisual content, which attract high investments, exclusive licensing agreements, and worldwide audiences. Thus the factual and unscripted nature of the sporting event itself renders it incapable of copyright protection. The broadcast of such an event, however, is usually the result of a considerable amount of creative, technical, and financial input. Indian copyright law is aware of this difference, thus it protects sports telecasts either as cinematograph films on viewing or via broadcast reproduction rights for live transmissions under the Copyright Act, 1957Item Copyrightability of AI-Generated Works: A Legal Analysis(NLUJAA, 2026) Gopal KrishnaThis raises a significant question whether a work generated through artificial intelligence meets the requirement of originality if it has less human interference or no human involvement? The artificial intelligence system is trained on human-created datasets, and the output generated is the outcome of a random process rather than conscious creative intent and consequently, the authorship of authorship becomes cryptic. Potential claimants include the programmers who have designed the algorithm, the user who provides prompts or the organization which owns the artificial intelligence system. All the stakeholders involved contribute in some or other way, but cannot fully satisfy the traditional criteria of authorship under the copyright law.Item Corporate Criminal Liability in AI Based Companies(NLUJAA, 2026) Krishna DasThe research background reveals a significant gap in the existing legal framework governing corporate criminal liability in India. Artificial Intelligence (AI) is increasingly being used by companies to make important business decisions with little or no human involvement. Although AI improves efficiency and productivity, it also creates serious legal challenges when its decisions result in fraud, financial loss, discrimination, privacy violations, or other forms of harm.18 When an AI system used by a company causes such harm, the law does not clearly identify who should be held criminally responsible. This uncertainty creates a major challenge for the existing framework of corporate criminal liability.19 Therefore, the present research examines this gap and evaluates whether the existing legal principles are adequate to deal with corporate crimes involving AI.Item Corporate Liability for Environmental and ESG Violations: The Emerging Indian Framework(NLUJAA, 2026) Rian DuttaEnvironmental, Social and Governance (ESG) refers to a framework used to assess how responsibly a company conducts its business beyond its financial performance. The environmental aspect focuses on issues such as climate change, pollution control, waste management, resource conservation and biodiversity protection.4 The social aspect examines matters relating to labour practices, employee welfare, human rights, diversity, consumer protection and community engagement. The governance aspect concerns the manner in which a company is managed, including board accountability transparency, ethical business conduct, anti-corruption measures and effective risk management. Together, these three pillars provide a comprehensive framework for evaluating a company's long-term sustainability, resilience and ability to create lasting value. As a result, companies are no longer expected to focus only on the interests of their shareholders. They are also expected to consider the interests of employees, consumers, local communities, regulators and the environment while making business decisions.Item Corporate Responsibility and Accountability in the Age of AI Products in India: An Analysis of Child-Centric AI Product Regulation(NLUJAA, 2026) Shivam GuptaArtificial Intelligence (AI) has revolutionized today's consumer markets by redefining what products and services are, how they operate, and how they influence consumers in different ways and sectors. The adoption of Artificial Intelligence (AI) in products has also become a part of our daily lives, from smart devices, digital platforms, autonomous systems, to adaptive learning tools. Unlike conventional technologies, AI systems have the ability to learn from data, make decisions on their own, and even shape user behavior, creating complex legal, ethical, and regulatory issues. Existing legal frameworks, especially concerning corporate responsibility, product liability and data protection have had to be rethought. The unique nature of AI, however including opacity, its ability to learn, and the reliance on data can make it difficult to prove liability, causation, and accountability.Item Customary Tribal Law, Digital Identity (Aadhaar), and Constitutional Pluralism in India: Legal Challenges and Pathways for Harmonizing Collective Rights with Individual State Recognition.(NLUJAA, 2026) Diksha BuragohainThis dissertation examines the constitutional and jurisprudential tensions arising at the intersection of customary tribal law, digital biometric identity (Aadhaar), and constitutional pluralism in India. India's constitutional framework is inherently pluralistic: it accommodates customary tribal governance through the Fifth and Sixth Schedules, recognises collective rights of Scheduled Tribes through reservations and protective legislation, and simultaneously advances a project of individual rights anchored in Part III. The advent of the Aadhaar system which is a biometric digital identity infrastructure that has introduced a new axis of tension, imposing a uniform, state-centric, individual-based identity paradigm upon communities whose identities are constitutively relational, community-embedded, and governed by customary norms.
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