LL.M Dissertation 2024 -25
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Item The Role of Artificial Intelligence and Machine Learning in Transforming Indian Businesses(National Law University and Judicial Academy, Assam, 2025-06) Khan, TousifThe 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.Item Impact of Intellectual Property Rights on Access to Education for the Visually Impaired and Print Disabled: A Legal Analysis of the Copyright Act and the Marrakesh Treaty in India(National Law University and Judicial Academy, Assam, 2025-06) Shree, TetikshaAccess to education is a fundamental right that empowers individuals and builds inclusive societies. However, for visually impaired and print-disabled persons, this right is often restricted by barriers in the availability of accessible learning materials. Intellectual Property Rights (IPR), while crucial for encouraging creativity and protecting the interests of authors, can sometimes unintentionally limit the dissemination of knowledge to these communities. This study dives into the difficult problem of reconciling copyright protection with the need to make educational resources more accessible to people who are visually impaired or otherwise print-disabled in India. It provides a detailed legal assessment of the Copyright Act of 1957, particularly in light of the considerable changes made by the 2012 amendment. The study also examines the impact of the Marrakesh Treaty, which aims to improve access to published works for people with print difficulties. The study aims to establish if India's current laws and international obligations effectively promote accessibility—or if additional legal and policy reforms are required. This work is driven by the belief that education should be truly inclusive, and that the law must evolve to uphold the rights and dignity of all learners. The findings and discussions presented here seek not only to illuminate the existing legal landscape but also to contribute to the broader conversation about justice, inclusivity, and human rights in education.’Item Trademark Squatting and Brand Protection in the Age of Generative AI(National Law University and Judicial Academy, Assam, 2025-06) Das, SwaswataIn 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.Item 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) SulabhCross-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.Item 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, SudhanshuIn 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 freedomItem Trademark Limits in Parody: Balancing Personality Rights and Satire(National Law University and Judicial Academy, Assam, 2025-06) Deka, SubasanaThis dissertation explores the legal complexities surrounding trademark protection, personality rights, and the right to parody, particularly in the context of Indian law. As parody and satire have emerged as significant instruments for cultural and political critique, their application has increasingly clashed with intellectual property regulations. The primary objective of this study is to evaluate whether Indian legislation, specifically the Trade Marks Act of 1999, adequately reconciles these conflicting rights, or if it inadequately protects the freedom of expression enshrined in Article 19(1)(a) of the Constitution. Employing doctrinal and comparative research methodologies, this investigation assesses how Indian judiciary has addressed disputes related to parody, juxtaposing these with international frameworks such as the Rogers test in the United States and the parody exceptions acknowledged within the European Union. Additionally, the research examines the rising significance of personality rights in India and their role in regulating critical or unauthorized portrayals of public figures.Item An Analytical Study of Insurance-Linked Securities as a Substitute for Conventional Reinsurance(National Law University and Judicial Academy, Assam, 2025-06) Madheshiya, ShikhaThis paper assesses the viability of Insurance-Linked Securities as a potential alternative to traditional reinsurance. For many decades, reinsurance has been one of the most crucial tools employed by the global insurance market for managing large-scale risks as it helps the insurers to manage risks and stay financially sound. However, with ever-increasing complexities and calamities, in addition to capital market involvement, ILS has emerged. These securities, which enable the insurance industry to transfer risk to capital markets, have grown significantly in recent years, but their viability as a long-term alternative to reinsurance remains uncertain. Based on doctrinal research, the paper explores the development of ILS, including the structure and future potential. It compares them with a well-established role of reinsurance in risk management. While ILS offer several distinct advantages in terms of access to a broader capital market and more flexible risk transfer structures, they are not without significant risks and challenges. The research starts to investigate the structure, forms, and operations of ILS, such as catastrophe bonds, collateralized reinsurance, industry loss warranties (ILW), and reinsurance sidecars. They enable insurers and reinsurers to tap into capital markets to shift risks that were once held within the insurance industry. The dissertation creates a comparative review of ILS and conventional reinsurance, noting the ways in which ILS can improve capital efficiency, diversify risk, and stabilize the insurance market after a catastrophe.Item Caste vs. Economic Criteria in Reservations: A Constitutional Analysis of Caste-Based Reservation Versus Economic-Based Reservations(National Law University and Judicial Academy, Assam, 2025-06) Arvind, ShriyamThe Indian Constitution envisions justice, equality, and dignity for all, particularly for those historically marginalized by caste-based exclusion. Caste-based reservations have long served as a corrective mechanism to address entrenched social and educational backwardness. However, the 103rd Constitutional Amendment Act, 2019, introduced a 10% reservation for Economically Weaker Sections (EWS) among unreserved categories, marking a shift from traditional caste-based affirmative action to economic criteria. This shift raises critical constitutional questions: Can economic disadvantage, divorced from social stigma, justify affirmative action? Does this inclusion of economic criteria dilute the original purpose of reservations, or does it expand the scope of substantive equality? As social and economic backwardness increasingly intersect, concerns arise about equating economic hardship with the unique, systemic oppression rooted in caste.Item 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, ShreyashiAlthough 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.Item Balancing Creditors’ and Debtors’ Rights under Insolvency and Bankruptcy Code: A Critical Study(National Law University and Judicial Academy, Assam, 2025-06) Mishra, ShivaniThe 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 enterprisesItem 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, ShambhaviTraditional 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.Item 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, SanchitaAlthough 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 developmentsItem Trademark Functionality in the Context of Fashion and Luxury Brands(National Law University and Judicial Academy, Assam, 2025-06) Sharma, RunjhunThe 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.Item Prohibition of Arbitrariness Under Article 14: A Study of Judicial Trends(National Law University and Judicial Academy, Assam, 2025-06) Das, RiyaArticle 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.Item 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, RemizaThe 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 enforcementItem 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, RajatFolk 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 commerceItem Independence of Judiciary: Comparison Between Constitution of India and United States of America(National Law University and Judicial Academy, Assam, 2025-06) Singh, PranjalConcerns about the judiciary‘s ability to remain independent in the face of numerous obstacles have surfaced in recent years, which present the research‘s challenge. Judicial independence from the power of political parties, the executive branch, and the legislature is seriously threatened. Unfair influence over the judicial appointment, transfer and elevation procedures may jeopardize the judiciary‘s independence. in addition, the lack robust mechanisms for judicial accountability and transparency raises concerns about moral principles and the possibility of disciplining dishonest judges. Furthermore, the public‘s opinion resulting from political meddling, a lack of accountability and transparency and the other factors can erode public confidence in the legal system and jeopardize the independence and effectiveness of the judiciary.Item Right to Education: An Examination of the Indian Constitutional Provisions and Their Implementation(National Law University and Judicial Academy, Assam, 2025-06) Biswas, NanditaDespite the formal constitutional recognition of the right to education as a fundamental right under Article 21A of the Constitution of India and the subsequent enactment of the RTE Act, the realization of this right remains deeply fragmented, uneven, and in many contexts, woefully inadequate.17 The normative and institutional frameworks designed to ensure universal elementary education provide a strong legal and policy foundation, but the implementation on the ground frequently falls short of these ambitious constitutional guarantees. This disjunction between legal entitlement and practical accessibility has emerged as one of the most pressing challenges in India’s pursuit of equitable and inclusive educationItem An Analytical Study of the Evolution of Cyber Insurance in India: Addressing Coverage Gaps in Cybercrime and Data Breaches(National Law University and Judicial Academy, Assam, 2025-06) Mishra, MehuliIndia's hasty digital growth has exposed citizens and companies to an increasing flood of cyber threats; however, the nation's readiness to protect against these financially is still weak. While cyber insurance has received international acclaim as a vital risk management tool, its usage in India—especially among citizens and small to mid-sized businesses—is still low. Such underinsurance arises largely because of large gaps in existing policies, which usually do not cover the entire gamut of contemporary cyber threats like identity theft, ransomware, phishing, and social engineering attacks. Added to this is the absence of regulatory standardization, inadequate consumer awareness, and the lack of suitably designed insurance products adapted to the Indian environment.Item Consumer Protection under the Trademark Regime in India: A Legal Study(National Law University and Judicial Academy, Assam, 2025-06) Daimari, MarlinIn India market-oriented economy trademarks play a important role in shaping brand identity, fostering competition, as well as guiding consumer decisions. However, there appears to be an imbalance within the current legal system while it offers strong protection to trademark owners, it often does so at the expense of consumer-focused consideration. Although the trademarks Act, 1999 addresses deception and confusion, it does not explicitly centre consumer rights as a primary legal objective. Meanwhile, the Consumer Protection Act, 2019 addresses unfair trade practices but lacks targeted mechanisms to resolve trademark related issues. This fragmented approach creates gaps, misleading advertisements, and counterfeit goods