LJM | 2025 | Volume 1 | Issue 2 (December)

Contents

01 Environmental justice as a human right: Evaluating the role of the Supreme Court, High Courts and the National Green Tribunal in India

Subhasree Roy, Student of Department of Law, St. Xavier's University, Kolkata, India

Abstract

Environmental justice (EJ) and its access have become an essential component of India's constitutional framework for the protection of right to life, equality, and dignity. This article aims to assess how the Hon’ble Supreme Court of India (SCI), High Courts (HCs), and the National Green Tribunal (NGT) have established environmental justice as a human right by broadening interpretations of Articles 21 and 14 of the Constitution of India (CoI). It discusses the importance of establishing key principles of sustainable development, precaution, and polluter pays, and employing public interest litigation and specialized forums. It also aims to evaluate existing achievements, institutional limitations, and gaps in enforcement, with a focus on marginalized groups, climate vulnerability, and intergenerational equity, and suggests reforms to strengthen rights-based environmental governance.

Keywords: Environmental justice, Article 21, National Green Tribunal, human rights

02 Intellectual property ownership before and after acquisition

Akshita Shree, Student of Faculty of Law, Banaras Hindu University, Varanasi, India

Abstract

This article explores the growing significance of intellectual property (IP) in corporate acquisitions, where IP assets often play a substantial role. It examines the fundamental principles of IP ownership in India, covering specific legislations. It analyses the complexities surrounding IP ownership in employer-employee relationships. The article further analyzes the shift of IP ownership in corporate acquisitions, where IP due diligence serves as a vital tool for risk mitigation. Through case studies of major entities, the paper illustrates how strategic IP acquisition allows for either rebranding or the preservation of brand goodwill.

Keywords: Intellectual property, acquisition, ownership, due diligence, goodwill

03 Curating India’s insolvency landscape: Key highlights of Insolvency and Bankruptcy Code (Amendment) Bill, 2025

Devesh Dhasmana, Student of NALSAR University of Law, Hyderabad, India

Abstract

The Insolvency and Bankruptcy Code (Amendment) Bill, 2025 was introduced in the Lok Sabha on August 12, 2025 aiming to address procedural delays, recovery uncertainties, and judicial vagueness in the Insolvency and Bankruptcy Code, 2016. ​ Key provisions include clarifying that statutory dues are not secured creditors, empowering the Committee of Creditors (CoC) to supervise liquidation, introducing a Creditor-Initiated Insolvency Resolution Process (CIIRP) for out-of-court insolvency proceedings, and enabling the central government to frame rules and guidelines for group and cross-border insolvency. The Bill also mandates stricter timelines for liquidation and narrows the window for withdrawal of insolvency applications, potentially limiting out-of-court settlements. Concerns raised include excessive delegation of powers for cross-border insolvency rules, prioritization of certain financial institutions for CIIRP, and elimination of quasi-judicial powers of liquidators, which may impact the finality of claims during liquidation.

Keywords: Liquidator powers, cross-border insolvency, group insolvency, time-bound process

04 Startups in India: Analysis of the legal and regulatory framework governing India's startup ecosystem

Khiyati Kaushik, Student of J.B. Law College, Guwahati, India

Abstract

In India, startups are a relatively new business, contributing to its evolving corporate culture. These new startup businesses are regulated by various complicated laws and compliance rules like trademark, patent, labour and environment law compliances etc. To simplify these complicated legal procedures, the Government introduced the ‘Startup India Initiative’ to facilitate and redefine ease of doing business, that also aims at increasing foreign investment and acquainting academia with industry for the purpose of achieving sustainability goals and generating employment. This article aims at a comprehensive analysis of what constitutes a startup, its various structure, laws and government schemes empowering their growth.

Keywords: Startup, entrepreneur, company, investment, compliance

05 Victim-centric justice in India: Evaluating the effectiveness of compensation schemes under BNSS, 2023

Prerna Sinha, Student of JGLS, O.P. Jindal Global University, Sonipat, India

Abstract

The justice system for criminal matters in India has typically focused on those accused of crimes frequently paying insufficient attention to the entitlements and requirements of individuals who have suffered due to criminal actions. Gradually legal judgments and changes aimed to correct this disparity by establishing methods of recompensing victims based on the essential principles of respect and equitable treatment as in the Constitution. The implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the structure previously outlined in Section 357A of the Criminal Procedure Code, 1973 signifies a revitalized dedication by the legislature to prioritize the justice owed to. The research underscores present inadequacies in how these schemes are enforced, how consistently they are applied, and how easily accessible they are and suggesting that the objective of centring justice on the victim risks being merely emblematic unless solid procedural protections and systems of responsibility are put in place.

Keywords: Victim compensation, criminal justice reform, restorative justice, Article 21, victim rights