Journal of Law of Torts and Consumer Protection Law

Legal Aid in Civil Justice

Sapna Sukrut Deo — Wed, 16 Apr 2025 00:00:00 +0000

Legal aid in civil justice is essential for providing equal access to legal representation for individuals who are unable to afford private legal services. It is a fundamental aspect of the rule of law, promoting fairness and justice by providing assistance in cases such as family disputes, housing issues, employment rights, and consumer protection. Legal aid programs, funded by governments and nonprofit organizations, aim to bridge the gap between marginalized populations and the judicial system.
Despite its importance, legal aid encounters numerous challenges, such as limited funding, a shortage of legal professionals, and bureaucratic obstacles. Various jurisdictions have adopted different models, such as pro bono services, public defender systems, and legal aid clinics, to enhance access to justice. Technological advancements, including online legal assistance and AI-driven legal services, are also transforming the landscape of legal aid, making it more efficient and accessible. However, disparities
in service availability and quality remain a concern. Strengthening legal aid mechanisms through policy reforms, increased funding, and public-private partnerships is essential for a fair and inclusive civil justice system. Ensuring that legal aid reaches vulnerable groups is critical for upholding human rights and maintaining trust in the judicial system.

Navigating IP Challenges in the NFT Marketplace: A Comparitive Case Study Approach

Dhruv Gurnani — Thu, 03 Apr 2025 00:00:00 +0000

Since 2020, Non-Fungible Tokens (NFTs) have coursed in popularity, creating legal complexities, particularly in trademark infringement within the metaverse. This article investigates on these issues, focusing on how NFTs, built on blockchain technology, and intellectual property intersect with trademark law. The purpose of this article is to explore various panaceas for NFT creators to influence well-known brands while respecting trademark rights. This article is structured into four parts: Firstly,
it deals with the Fundamentals of NFTs, Second, part explores the intersection of NFTs and IP rights, Third, part deals with a through case analysis approach, this article examines recent NFT-related trademark infringement cases, evaluates existing legal frameworks, and proposes regulatory reforms to safeguard IP rights while fostering innovation. Fourth, part deals with a comparative assessment of multinational trademark legislation vis-à-vis Indian IP frameworks, and proposed regulatory reforms.
Key findings highlighting the need for clear guidelines and robust legal frameworks to address the unique challenges posed by NFTs. The findings reveal that current trademark laws are often inadequate for addressing the unique challenges posed by NFTs. This article suggests reforms, including updating the “likelihood of confusion” test, clarifying fair use principles, and implementing stricter verification processes in NFT markets. The article highlights the need for more specific legal frameworks to
stabilize intellectual property rights with artistic freedom in the digital age. These reforms aim to promote a secure and innovative environment for artists, brands, and consumers, ultimately contributing to a more resilient digital future.

Challenges to Parenting Children with Disabilities: An Empirical Study in Bhubaneswar, Odisha, India

Prangya Parimita Behera, Binita Behera — Sat, 02 Aug 2025 00:00:00 +0000

The biggest challenge for families with a child with a disability is the impact of the child’s condition on the family unit, which can be emotional, social, economic and psychological. In India, these burdens are amplified through social stigma, limited access to essential services and inadequate support systems. This study focuses on the experiences of parents in Bhubaneswar, Odisha, where disability prevalence is consistent with national trends. Major challenges include emotional strain, economic burden due to healthcare and education expenses, and social estrangement due to prejudice. It identifies holes in early intervention services, inclusive education, and social support networks. At the national level, the attendance of children with disabilities in educational institutions is only 62.9% (NSO 2018) and the situation in Odisha is even worse, thus there exist tremendous barriers to education. Economic pressures also put many parents in the position of balancing work against caregiving. The recommendations involve strengthening early intervention, improving inclusive education, providing financial assistance, and enhancing social support. And they also need capacitybuilding among healthcare and educational professionals, better access to assistive devices and stronger legal protections. This study seeks to guide policymakers and stakeholders in what reforms are needed to aid children with disabilities and their families in Bhubaneswar and beyond.

Unraveling the Knots: The Economic Costs of Bureaucratic Red Tape

Vedika Kohli — Mon, 24 Mar 2025 00:00:00 +0000

Bureaucratic red tape refers to the complex and excessive regulatory procedures, rules, and formalities that impede efficient decision-making and hinder organizational productivity. It hinders economic growth by assessing inordinate non-supervisory burdens, fostering inefficiencies, and discouraging entrepreneurship. The research investigates the detrimental impact of bureaucratic red tape on economic growth. Inordinate regulations, complex procedures, and time-consuming administrative
hurdles imposed by government agencies can significantly hamper business exertion, invention, and overall profitable development. The study employs a comprehensive literature review and empirical analysis to examine the various channels through which red tape impedes economic growth. These include increased costs of doing business, reduced investment, stifled entrepreneurship, and decreased productivity. By assaying cross-country data and case studies, the study explores the extent to which red tape contributes to economic stagnation and inequality.

Unheard, Unpaid, Unprotected, Unrecognized: The Legal Void for Female Agricultural Laborers in India

Saumya Sudarshini — Sat, 03 May 2025 00:00:00 +0000

India’s agrarian economy heavily depends on female agricultural employees but they receive minimal protection and compensation along with little recognition. This study performs an in-depth analysis of law-based structural and socio-economic barriers which prevent female agricultural laborers from gaining empowerment especially within informal economic activities. Historical research combined with modern statistical data and policy standards show that women actively participate in farming
activities while lacking ownership rights and experience wage discrimination and legal nonrecognition. The research analyzes current laws regarding labor rights together with land ownership laws and social protection standards to reveal how lacking gender-specific legal reforms sustains rural inequality along with restricting improvements in agricultural production rates. The study demands fundamental policy changes which will provide equal land ownership together with fair wages along with social security programs for agricultural laborers while legal and judicial reform will function as a transformative force for women's justice and economic growth.

An Overview of Unfair Trade Practices in India

Saquib Ahmed, Nituja Singh — Thu, 03 Apr 2025 00:00:00 +0000

Unfair trade practices in India represent a significant challenge to ethical commerce and consumer welfare. Defined broadly under the Consumer Protection Act and other legislation, these practices encompass deceptive, misleading, and fraudulent methods employed by businesses to gain undue advantage, often at the expense of consumers. This overview examines the landscape of unfair trade practices in India, highlighting prevalent forms such as false advertising, misleading representations,
hoarding, spurious goods, and deficiency in service. It outlines the legal and regulatory mechanisms established to combat these practices, primarily through consumer courts and regulatory bodies. The article further discusses the detrimental impact of unfair trade practices on consumer trust, market integrity, and the overall Indian economy. By providing a comprehensive overview, this piece aims to raise awareness among consumers, businesses, and policymakers about the persistent issue of unfair trade practices and the ongoing efforts to foster a fairer and more transparent marketplace in India.

Role of Intermediaries in Copyright Law and Information Technology Act: Balancing Rights and Responsibilities

Anagha Kadam — Sat, 23 Aug 2025 00:00:00 +0000

Nowadays the digital environment is growing rapidly so the role of the intermediaries is also becoming a highlighting point. Intermediaries such as various social media platforms, for example Facebook, Youtube and Instagram, play an important role towards people. Not just social media, but there are other mediums too which play a significant role as intermediairs including e- commerce platforms, Internet Service Providers (ISP), etc. In India there are existing laws which protect the rights of intermediaries but which need to be more effective and elaborative, more clear and concisely updated with the current era. There are laws such as Copyright Act 1957 and Information Technology Act 2000 which highlights the provisions related to intermediaries, for example section 79 of IT Act 2000 which talks about the “Safe Harbour” provision which refers to a provision in law or regulation that offers protection from liability or penalty, provided certain conditions are met. This doctrinal study suggests in-depth exploration of intermediaries liability responsibilities towards new digital activity holders of the country and study of existing laws and highlights why we need more focus on this issue. For the study of this research I referred to various articles, books, journals and expert opinions which gave me valuable insights to fulfill these gaps.

Examining the Effectiveness of Consumer Protection Laws: A Social Work Perspective

Bhupal Bhattacharya, Sarmistha Bhattacharya — Tue, 25 Mar 2025 00:00:00 +0000

This paper explores the evolving role of social workers in consumer rights advocacy within the context of a rapidly changing financial landscape. As consumer protection issues grow increasingly complex, driven by advancements in technology and emerging predatory practices, social workers are called to adapt their strategies to effectively address these challenges. The paper examines the historical context of consumer protection laws and highlights the critical contributions of social workers in promoting economic justice and safeguarding vulnerable populations. It also discusses the importance of collaboration among social workers, legal professionals, and financial experts to create comprehensive approaches to consumer advocacy. By emphasizing the need for ongoing education and proactive engagement, the paper underscores the essential role of social workers in empowering consumers, navigating regulatory frameworks, and addressing systemic inequalities. Ultimately, the paper argues that a strengthened focus on consumer rights advocacy will enhance the effectiveness of consumer protection efforts and contribute to a more equitable financial system.

Wage Disparities in India: A Study of the Payment of Wages Act, 1936

Tue, 06 May 2025 00:00:00 +0000

Wage inequality in India is a significant economic and social issue influenced by factors such as gender, geography, industry, and type of employment. Despite existing legislation like the Minimum Wages Act of 1948, the Equal Remuneration Act of 1976, and the Payment of Wages Act of 1936, disparities persist. Rural-urban wage differentials drive massive migration, putting immense pressure on city infrastructure while creating labour shortages in rural areas. Urban labourers typically earn higher wages due to better access to industries, education, and skill training. In contrast, rural workers often depend on agriculture and the informal sector, where wages are much lower. Gender wage disparities further exacerbate economic inequalities, with women earning 20-30% less than men. This gap arises from factors such as employment segregation, career breaks, and societal biases, which limit women's economic participation and financial autonomy. Additionally, the differences between organized and unorganized sectors highlight these wage gaps; the organized sector generally offers job security and benefits, while the unorganized sector suffers from employment insecurity and lower pay. Although the Payment of Wages Act aims to prevent wage exploitation and ensure timely payment, its implementation remains weak, particularly in the unorganized sector, where many workers are underpaid or face wage theft. The Minimum Wages Act sets wage floors to prevent exploitation, and the Equal Remuneration
Act seeks to eliminate gender-based wage discrimination. However, their effectiveness is diminished without stronger enforcement measures. India's gender pay gap is significantly higher than the global average, leading to broader economic disadvantages such as lower growth and increased social inequality. Studies show that closing gender pay gaps could add trillions to the global GDP, with India being a major beneficiary. Addressing pay gaps requires a multi-faceted approach that includes rural
industrialization, more effective enforcement of labour laws, online wage tracking, improved skills development initiatives, and gender-neutral workplace policies. Implementing these changes would not only promote fair wages and economic stability but also create a more equitable society where all workers, regardless of gender or geographic location, receive fair compensation for their efforts.