As the world faces overlapping challenges like climate change, shifting global politics, labour market transformations, and growing demands for dignity and equality, law continues to both mirror these changes and shape them. In this fast-changing social and legal environment, legal research and education play an important role in understanding what stays the same and what is changing. The Volume 14 of the GNLU Journal of Law, Development and Politics (GJLDP) focuses on these important developments. The articles in this issue shed light on fundamental issues including gender justice in property law, workers' rights in the gig economy, Arctic geopolitics, religious pluralism, and the legal identity of non-traditional trademarks. Together, these varied contributions reflect the journal’s goal of encouraging legal writing that thoughtfully addresses both current challenges and long-standing constitutional principles.
The issue begins with a critical exploration of gender equality in the context of Hindu inheritance law, an issue that remains both historically contested and contemporarily significant. The article revisits the doctrinal understanding of the coparcenary system and joint family property under Hindu law, with a focus on the legal implications of the 2005 amendment to the Hindu Succession Act. In an era where debates on women’s economic empowerment and inheritance rights have gained unprecedented salience, especially post the Vineeta Sharma v. Rakesh Sharma ruling the article provides doctrinal clarity and robust critique of the judicial inconsistencies that have emerged in interpreting daughters’ rights to ancestral property. By examining a series of conflicting judicial pronouncements, the article highlights the interpretive ambiguities that have diluted the legislative mandate of gender parity in succession law. The author urges for a recalibration of judicial reasoning to align statutory interpretation with constitutional ideals of equality and substantive justice. .
Moving from inheritance to innovation, the discussion transitions to intellectual property law, specifically concerning the recognition of non-traditional trademarks capturing the tension between legal formalism and market creativity. As branding expands beyond visual logos to olfactory and chromatic identities, the contours of trademark law are being redrawn globally. The article investigates the global shift towards recognizing non-conventional trademarks such as scent and colour, as distinct identifiers of commercial origin. The paper maps international legal developments drawing from jurisdictions such as the European Union and the United States while scrutinizing India’s relatively cautious stance towards the adoption of non-traditional marks. Against the backdrop of a rapidly evolving commercial environment, the article advocates for reforms that harmonize Indian law with global standards under the TRIPS regime, thereby promoting innovation and fair competition. .
The theme of gender justice is revisited through a socio-economic lens in the article addressing labour rights of women engaged in state-sponsored welfare schemes. The article reveals how women workers, despite being essential to the delivery of maternal and child welfare schemes, remain trapped in precarious employment and denied social security protections. Framed as ‘honorary’ or ‘voluntary’ workers, Anganwadi and ASHA workers are systematically excluded from formal employment benefits such as minimum wages, health insurance, and social security benefits. This marginalisation not only violates labour rights guaranteed under domestic statutes and international treaties, but also reinforces the systemic devaluation of care work. Through a detailed legal analysis of statutory frameworks and constitutional obligations, the article makes a persuasive case for recognising these scheme workers as formal state employees. It calls for a rights-based approach to overhaul the public welfare delivery, underscoring the role of administrative law in ensuring state accountability and equitable labour practices. .
At the geopolitical level, the Arctic has emerged as a new focal point for strategic competition. The article on the Sino-Russian partnership in the High North unpacks the unfolding geopolitical contest in the Arctic Circle, with particular emphasis on the Northern Sea Route (NSR). It highlights the “marriage of convenience” between China and Russia in asserting control over this potential global trade corridor. As polar ice caps recede, the NSR is being positioned as a commercially viable alternative to the Suez Canal, bringing with it a renewed race for influence over untapped oil and gas reserves. The article delves into the geostrategic implications of Arctic militarization, resource extraction, and infrastructure investments placing special focus on how these developments could alter international maritime law and Arctic governance frameworks. It also critiques India’s tepid Arctic policy, recommending strategic recalibration and increased investment in polar diplomacy to safeguard India's future interests in this evolving maritime order. .
The next contribution turns our focus inward to the country’s tribal heartlands. Assessing the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) in Gujarat, the article combines field-level data with doctrinal analysis to investigate how far the law has fulfilled its emancipatory promise. Despite being hailed as a landmark piece of legislation, the FRA continues to encounter systemic barriers in actualising tribal land rights. The article’s micro-level empirical insights from Aravalli district illustrate the gap between bureaucratic interpretation and the democratic mandate of the Gram Sabha. It situates these findings within larger debates on environmental justice and tribal autonomy, ultimately arguing for a model of governance that prioritises decentralisation, community participation, and substantive equality. .
Diplomatic relations and internal security are placed under the spotlight in the article analysing India-Canada relations through the lens of the Khalistan issue. This timely piece maps the historical and contemporary impact of the Khalistan movement on bilateral ties, especially in the context of Canada’s commitment to civil liberties and India’s sovereignty concerns, affecting diplomatic and trade relations. Tracing the evolution of the Khalistan movement from its origins in the 1980s to its recent revival through diasporic channels, the article underscores the complexities of balancing fundamental freedoms with counterterrorism obligations in democratic societies. The paper offers a set of pragmatic suggestions ranging from institutionalized counterterrorism cooperation to track-II diplomacy - to restore mutual trust and recalibrate Indo-Canadian relations on the basis of shared democratic values and economic complementarity. .
The precarities of the modern workforce are once again brought to the forefront in the article examining administrative law’s role in regulating the gig economy. With platform-based labour emerging as a dominant employment model, the legal categorisation of gig workers has profound implications for labour rights. The article critically assesses the Code on Social Security, 2020, identifying the legislative ambiguities that prevent effective implementation of social protection mechanisms for gig workers. Drawing from global comparative frameworks in jurisdictions like the EU, UK, and USA, the article proposes policy innovations such as co-contributory benefit models, algorithmic transparency mandates, and portable welfare schemes. The author underscores the need for a responsive administrative apparatus that can mediate the tensions between flexibility and protection in digital labour markets. This discussion is especially relevant in the post-pandemic world, where precarious work has become increasingly normative. .
Finally, the issue concludes with a powerful critique of the Uniform Civil Code (UCC) debate, framed within the constitutional ethos of secularism and pluralism. The article evaluates Uttarakhand’s UCC proposal and critiques its homogenising impulse, arguing that a one-size-fits-all legal framework risks eroding the diversity enshrined in the Constitution. The article begins by tracing the philosophical underpinnings and historical tensions surrounding the UCC, from the Constituent Assembly debates to its contemporary political appropriation. It raises fundamental questions about whether the pursuit of uniformity can coexist with the constitutional promise of religious freedom and personal autonomy. Through a close reading of constitutional principles and judicial precedents, the author advocates for a more dialogical and inclusive approach to civil law reform, one that honours India’s pluralistic legal culture rather than overriding it.
This volume offers a panoramic view of contemporary legal challenges and thoughtful interventions grounded in rigorous research. It is our belief that these contributions will not only enrich academic discourse but also inform policy debates and legal reform. As the frontiers of law and politics continue to evolve, we hope this issue inspires deeper reflection and dialogue across disciplines, jurisdictions, and ideologies.
- EDITORS
October 2024
GJLDP
Divya Kathar
Abstract
The modern Hindu law of succession is at variance from both the systems i.e., Mitakshara law and Dayabhaga law. Earlier, only male lineage consisted of coparcenary property and all members including females were part of Joint Family Property. When daughters marry, they become part of another joint family property. The law underwent great change after the amendment in 2005. This topic holds relevance due to the ongoing debate on gender equality in property rights. The problem is misinterpretation and confusion pervading regarding women’s property rights in the present scenario since there has been an amendment plus there are various recent judgments that create fog in the minds of practitioners of law. The object of this article is to primarily
The methodology adopted is doctrinal research. I hypothesize that these amendments and judgments have an effect on the upliftment of women, and their financial security and in a way strengthen them by giving them equal rights as that of their male counterparts.
Keywords: Hindu, Inheritance, Women, coparceners, self-acquired.
Divya Kathar is Assistant Professor (Law) Shriram Institute of Law, Jabalpur (M.P.), Email: divyakathar1@ gmail.com
Gulafroz Jan & Raihana Shawl
“If branding wishes to survive another century, it will need to change its track .”
____________________________________________________
1 Martin D. Lindstorm, “Brand Sense: Build Powerful Brands Through Touch, Taste, Smell, Sight and Sound, 2005, p-3. available at:
Abstract
The ambit of trademark law has broadened manifold due to the aggressive commercialization, technological developments and competition strategies prevalent in the present day global market. The companies spend a huge amount of finances on developing their brands and goodwill. To make their products stand out, attract customers, and capture the competitive global market, new tactics are implemented and provide new brands with newer characteristics. The recent trend is the adoption of non-conventional markings such as colour marks, shape marks, smell marks, sound marks, moving images, and so on. The introduction of these non-traditional marks on the one hand has no doubt widened the scope of trademark protection but on the other hand has raised the level of concerns about their registration . No doubt as per the TRIPS Agreement non-conventional marks are qualified for the same protection as traditional marks, however there are some inherent challenges that obstruct the registration procedure, such as graphical portrayal of these marks. Many countries across the globe have extended protection to these marks but still others including India express their reservation for the same. In this paper, an attempt is made firstly dwell upon the concept and evolution of nonconventional trademarks, secondly to discuss the law relating to non-traditional trademarks in developing countries viz the European Union and the United States, and give a comparative analysis the position of these marks in India and thirdly to elaborate the position on smell and color marks in these jurisdictions.
Keywords: non conventional trademark, Colour marks, Olfactory mark, graphical representation.
Gulafroz Jan is Senior Assistant Professor, Department of Law, School of Legal Studies, Central University of Kashmir, Ganderbal, email: gulafrozjan@cukashmir.ac.in
&
Rehana Shawl is Assistant Professor, Department of Law, Central University of Kashmir, Ganderbal.
Sreeparvathy. G
____________________________________________________
1 https://www.researchgate.net/publication/242339464_Brand_Sense_How_to_Build_Powerful_Brands_Through_Touch_Taste_Smell_Sight_and_Sound
Abstract
Indian welfare schemes, particularly those concerning child and maternal health, have been applauded as making substantial progress in improving the human development indices and progressively attaining the Sustainable Development Goals (SDGs). At the centre of those developments are the efforts of a care workforce, constituted by Anganwadi workers (hereinafter AWWs), the Accredited Social Health Activists (ASHAs) and the Cook-cum-Helpers (hereinafter CCHs) employed under the various welfare schemes of the government. While the social value of the services they provide is very much appreciated, these workers, predominantly constituted by women, suffer from precarious employment conditions and inadequate labour protection. Using nomenclatures such as ‘volunteers’, and ‘honorary workers’, the state labels their work as altruistic and fails to acknowledge its value in economic terms. Devaluation of work in terms of its economic outcome is one identified characteristic of all care employments. By designating them as ‘scheme workers’, rather than government employees, the state distances them, while the results of their efforts are proudly owned. This paper looks at the service conditions of these workers and argues that the commonalities in their working conditions reassert the devaluation of care work. The state has the obligation, under the Constitution as well as international law to ensure decent working to workers. There is a need to revisit the state positioning vis-à-vis the scheme workers, so as to guarantee women workers their rightful claim for decent work, as well as to ensure that the welfare services they provide continue to benefit the masses.
Keywords:Welfare, SDGs,National Health Mission, ICDS.
Sreeparvathy. G. is Research Scholar, School of Legal Studies, Cochin University of Science and Technology, Email: sreeparvathy.g@gmail.com
Nandita Gugnani
Abstract
With climate-change induced melting of polar icecaps in recent decades, the Northern Sea Route (NSR) has gained global relevance. In recent years, Russia has reopened soviet-era military bases in the Arctic and developed energy projects to extract untapped natural resources existing in the ocean bed. China has invested $90 billion dollars in the Arctic Circle in infrastructure and other assets. Despite being situated 1500kms away from the Arctic Circle, China’s assertive push to establish a de facto presence in the Arctic, coupled with Russia’s eagerness for financial collaboration, has reshaped the geopolitics of the High North. Other arctic and near-arctic states are also participating in the polar race to claim sovereignty over the rich reserves of natural resources found in the Arctic.
The primary objective of this paper is to inform about the geopolitical developments (infrastructure, trade, military) in the High North, with a view to analyse the ‘marriage of convenience’ between Russia and China. This factual paper is divided into four parts. The first part informs of the new maritime corridor (i.e., NSR) and its viability as an alternative to the Suez Canal; the second part discusses Russia’s infrastructure investments and its vision for establishing the NSR as an alternative trade route in the near future, albeit under full control of the Russian Government. The next part assesses China’s dominance in Russia’s ‘very own backyard’ and its deliberate actions to establish itself as an integral player of this blooming blue economy. The last part briefly assesses India’s action plan – with a lack of government prioritisation and insufficient funding, India needs to revise its Arctic Policy if it wishes to assert itself in the geopolitik landscape of the golden waterway.
Keywords: Arctic, Arctic Policy, Blue Economy, China, International Relations, Maritime, Maritime Trade, Northern Sea Route, Oil & Gas, NSR, Sino-Russia
Nandita Gugnani is Assistant Professor of Law at Gujarat National Law University Silvassa Campus, email: ngugnani@gnlus.ac.in.
Rachit Kandpal & Harsh Kotak
ABSTRACT
It was in 2006 that The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (henceforth “FRA”) came into force. The preamble to the act states, in essence, that it was enacted to recognise the forest rights of both the Forest Dwelling Scheduled Tribes and other Traditional Forest Dwellers, of which they have been deprived for long. The FRA, at that time’s imagination, seemed a key point in the tribal path to equality. It would cement their rights over land particularly while also fulfilling the larger constitutional mandate of tribal development.
Tribal development is an important component of inclusive social development in today’s times. Eighteen years on therefore, we are in a good position to understand both the successes and failures of a law that promised revolutionary empowerment to tribal communities. This paper will expand existing research in this field by looking broadly at the geographical context of Gujarat through government data and other secondary materials. As an extension to the same, it also identifies at a village-level what issues have come up in the context of the FRA.
This paper thus uses some amount of secondary data, however it also embarks on a field research to identify problems associated with the implementation of the FRA within one village in Aravalli district; the aim being to relate all these micro-level findings to the larger macro-level implications of the Forest Rights Act in Gujarat, and also elsewhere.
Keywords: Scheduled Tribes, Forest Rights Act, Ownership of Forest Land, Gram Sabha
Rachit Kandpal & Harsh Kotak are Second-year students of BA LLB at Gujarat National Law University, Gandhinagar-382426, Email: rachit23bal067@gnlu.ac.in, & harshkoak27042004@gmail. com, Phone: 7984922936.
Nikhil Kumar Saini
Abstract
The rise in tension between India and Canada raises much concern over the potential political and economic impact. One of the prominent reasons for the deterioration of the relationship is the Khalistan Movement. This research article attempts to delve into the intricate dynamics of India-Canada relations, highlighting both the potential for bilateral cooperation and the persistent challenges posed by Khalistani extremism in Canada. Despite the historical and cultural ties binding the two nations, their relationship has been periodically strained due to the presence and activities of Khalistani extremists in Canada, who advocate for a separate Sikh state. This has affected diplomatic relations and impeded progress in areas where both countries have significant mutual interests, such as nuclear energy, trade, and technology. The article explores the historical context of Khalistani extremism, tracing its roots back to the 1980s and examining its evolution and impact on Indo-Canadian relations. It discusses how the Canadian government's stance on freedom of speech and assembly has often clashed with India's national security and sovereignty concerns, leading to diplomatic frictions. Despite these challenges, the article underscores the considerable scope for enhanced bilateral engagement, as both India and Canada have complementary strengths and shared interests that could drive substantial progress in various sectors. The article offers an analysis of the current state of affairs, identifying critical areas of discord and their implications for broader bilateral relations. It also proposes pragmatic solutions to overcome these hurdles, such as fostering more excellent diplomatic dialogue, enhancing counter-terrorism cooperation, and building trust through people-to-people connections and cultural exchanges. By addressing these issues head-on and leveraging their shared interests, India and Canada can navigate their challenges and realize the full potential of their partnership.
Keywords: India-Canada Relations, Khalistan Movement, Bilateral Trade and Ties, Diplomatic Ties and Counter-Terrorism
Nikhil Kumar Saini is Assistant Professor of Political Science, Gujarat National Law University, Gandhinagar, Gujarat, India, email: nsaini@gnlu.ac.in.
Ridhi Saxena
Abstract:
The gig economy has significantly changed employment structures in India, by providing income opportunities and flexibility to millions of people. However, the classification of gig workers as independent contractor and not as employees, deprives them of their important rights and social security benefits, including pension schemes, health insurance, and job security. This research examines role of administrative law in addressing these gaps and to ensure fair treatment for gig workers.
Despite the Code of Social Security 2020, India lacks a strong enforcement mechanism for effective regulation of platform-based employment. Administrative law plays an important role in ensuring that government agencies implement laws to bridge these protection gap. This paper examines comparative approaches from the United States, the European Union, and the United Kingdom where legislation has evolved to mandate social security contribution from digital platforms and extend their reach for important protections to gig workers.
This paper analyses the effectiveness and the limitation of current Indian legislations, identifies various ambiguities in the code and suggests policy recommendations, including portable benefits models, stricter platform accountability and legal classification for gig workers. A strong administrative oversight mechanism is essential to protect gig workers’ rights while maintaining the flexibility that makes gig work attractive. By adopting suitable global practices, India can create an equitable and sustainable economy for gig workers that provide balance between worker security and platform innovation.
Keywords: Gig Economy, Administrative Law, Social Security, Workers’ Rights, Platform Regulation, Employment Classification
Ridhi Saxena is student at Faculty of Law, Delhi University, Academic Degree- LLM (Pursuing), email: ridhisaxenapb@gmail.com
Shambhvi Agarwal
Abstract
The need for a Uniform Civil Code (UCC) is a pressing issue in contemporary times. The coming of which is labelled to balance the social fabric and dye it in the shade of oneness. But it is important to determine whether the arrival of UCC will fulfill the envisioned claims raised in its support. To find an answer to this question, the paper begins with a brief historical background of Indian society, which forms the essence of the Constitution of India. Thereafter, the paper transitions to discuss how the idea of UCC emerged in India, highlighting facets of ideological differences alongside the discussion in the Constituent Assembly. Further, the paper highlights why UCC is often labelled a dead letter notion. Furthermore, the paper presents a critical analysis of Uttarakhand’s UCC along with an assessment of whether it possesses qualities to further the idea of ‘unity in diversity’. Finally, the paper provides meaningful suggestions alongside concluding remarks.
The expected outcomes of this paper are -
1. Accentuating the clash between the Preambular Promise of Secularism and the notion of UCC.
2. Addressing the coming of UCC in a pluralist country like India on the lines of basic human rights.
3. Underlining the possible effects of the implementation of UCC on the social fabric of India.
Keywords: Uniform Civil Code, Secularism, Customary Laws, Unity, Diversity, Human Rights, Religious Freedom.
Shambhvi Agarwal is BA LLB 5th year student (Constitutional Law), University - School of Law at University of Petroleum Energy Studies (UPES), Kandoli, Dehradun 248007, Uttarakhand, email: 500084691@stu.upes.ac.in
