IISPPR

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Manshi Jayshree

Adhesion Contract: an insight

Adhesion Contract: an insight By: Jayshree Patnaik and Manshi Ever got stuck while purchasing a house, a car or planning a trip due financial stress?Later arched your back before no bargaining, no negotiating terms to fulfil suchmaterialistic needs and end up descending to debt traps. While online we tend toquickly click on “I agree” without reading the terms. These were examples of howadhesion contracts are forced on us.I am unsure about which of the either terms came into existence first, adhesion contractor bandhwa majduri (bonded labour). Bonded labour indeed was an adhesion contractslapped on to the labourers’ face, the labourers lost their freedom and worked for amaster (moneylenders) in exchange for debt repayment. Though bonded labour wasabolished, adhesion contracts have a long lifespan. What is an Adhesion Contract? An adhesion contract is a legal agreement that is drafted by one party, in the absence ofthe other party. This means that the party signing the agreement had no chance tobargain for the agreement’s terms. Although the other party may or may not sign it. Boththe parties stand at different poles when it comes to bargaining power. These contractsplay a role in consumer transactions. Some of the sectors where such contracts arewidely used are insurance sectors, loan documents (car loans, personal loans on apps,etc.), license agreements during app installations, medical consent forms, leases/rentalagreements and the list goes on as these contracts are used daily by vendors,distributors, etc. People end up signing the “fine print” contracts where there isdisclosure, but is hidden. In digital space, adhesion contracts come in the form ofclickwrap and browsewrap agreements. The Consumer Protection Act, 2019 safeguardsconsumers to challenge exploitative terms of adhesion contracts, this act empowersConsumer Disputes Redressal Commission to address such grievances. Adhesioncontracts can also be challenged on grounds of undue influence (Section 16, IndianContract Act, 1872) and provisions on free consent (Section 14).Characteristics:Standardized Terms: The terms and conditions are pre-written and presented as a takeit or leave it contract.Lack of Negotiation: The party adhering to the contract has limited or no ability tonegotiate the terms.Unequal Bargaining Power: One party typically has significantly more bargaining powerthan the other. History of adhesion contracts Adhesion contracts have been around for centuries and were first formalized in Frenchcivil law. They entered American law through a Harvard Law Review article in 1919.This concept helped American courts understand when contracts of adhesion should beenforced and when they should not.Most American courts have adopted the concept of an adhesion contract in varyingways. While many courts scrutinize them closely, their increasing use has significantlychanged this area of American jurisprudence. Adhesion contracts have grown inpopularity and use throughout the 20th and 21st centuries. This is especially truebecause of the rise of digital contracts and “click-through” agreements.The legality of adhesion contracts has changed significantly over time and continues toevolve. It is now generally agreed that adhesion contracts may be enforceable whenproperly formulated and managed. Courts have often considered the bargaining powerof the parties in relation to the benefit the signee gets from the agreement.Other courts look to the terms themselves for a determination of “unconscionability” andreasonableness.Contract RegulationAdhesion contracts are usually enforceable in the United States according to theUniform Commercial Code (UCC). The UCC helps to ensure that commercialtransactions take place under a similar set of laws across the country.Although the UCC is followed by most U.S. states, it has not been fully adopted bysome jurisdictions such as American Samoa and Puerto Rico.Louisiana stands alone among the 50 states in adopting only parts of the UCC.The UCC has specific provisions relating to adhesion contracts for the sale or lease ofgoods. Contracts of adhesion are, however, subject to additional scrutiny andinterpretation under state law. Pros and Cons Pros: Saves time and resources for both parties- as there is no need to customizeagreements for individual consumers, an uniform agreement is used for unlimited endusers. Also, adhesion contracts are called boilerplate contracts because they are neverchanged leaving no room for negotiation, thus saving time. Cons: As adhesion contracts are drafted by the dominant party, unilateral decision making isinvolved and has unfair terms for the signing party: adhesion contracts never allownegotiation, creating an imbalance of power between the two parties.The non-drafting party is often exploited entering such contracts.May restrict the end users from seeking legal recourse: the signatories are bound by thecontract and have little or no options to look around for dispute resolution. Legal Principles Governing Adhesion Contracts: Adhesion contracts that are against public policy are considered void, as well as suchcontracts must not violate Article 14 of the constitution. Following are the other doctrinesthat govern such contracts. Contra proferentem and Unconscionability to therescue The contra proferentem can be applied to any contracts, as per UTCA (Unfair ContractsTerms Act 1977). This doctrine, which originated from insurance contracts, states thatwhen a contract provision can be interpreted in more than one way, the court will preferthe interpretation which is more favourable to the party who has not drafted the contract.However, its effectiveness relies on genuine ambiguities, it cannot protect a party forunderstood contracts.The doctrine of unconscionability allows courts to refuse to enforce a contract if thecontract is deemed grossly unfair to one party. The courts may look at judicial precedentwhen determining enforceability. Are we changing the narrative? Recently, the government passed a bill to curb the increasing case pendency related tosuch contracts. In December 2024 the Banning of Unregulated Lending Activities (BULA) bill wasproposed by the Indian government to ban the unregulated lending activities andsafeguard the borrowers from exploitation. Also, this bill emphasizes on penalizing theunregulated entities with substantial fines and imprisonment of up to 10 years. The CBIis designated to handle the cases. This step will also enhance credibility of thelegitimate lending platforms. The Ministry of Finance has released the draft bill for publicfeedback, and the bill is open for comments and suggestions until February 13, 2025. Types of adhesion contracts There are several forms of adhesion contracts. Most notably, browse-wrap, click-wrap,and sign-in-wrap are three common forms of electronic adhesion contracts.In a paper published by Tulane University, authors Ian Rambarran

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Public Policies
Chhavi Thakur

AI and Blockchain for Transparent Carbon Markets: Policy and Technology Gaps

AI and blockchain could transform carbon markets, yet policies lag behind. This research identifies governance gaps in algorithmic verification, fraud prevention, and equitable access. Through case studies and policy analysis, we recommend standards for trustworthy, scalable, tech-driven climate finance—critical for achieving Paris Agreement goals.

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Public Policies
Chhavi Thakur

Harnessing Business Analytics for Tax Policy Optimization in India: A Data-Driven Approach to Fiscal Management

India’s tax system is a foundation of fiscal policy, but issues such as tax evasion and a large informal economy have so far constrained revenue potential. While business analytics is revolutionizing governance around the world, its role in Indian tax policy is relatively subdued. Our research examines how insights can be gleaned via data to improve tax compliance, reduce the cost of tax collections, and maximize policies.

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Blog
Srijan Vishwakarma

Intellectual property rights in the Digital age

The rapid advancement of digital technologies has significantly transformed the landscape of intellectual property rights (IPR), presenting both new opportunities and unprecedented challenges. This study delves into the evolution of IPR in the digital age, focusing on key domains such as copyright, patents, trademarks, and trade secrets. It examines how digital innovations have altered traditional IP protection mechanisms and enforcement strategies. The rise of artificial intelligence (AI), blockchain technology, and digital rights management (DRM) systems has introduced both sophisticated protection mechanisms and new threats, including large-scale digital piracy, unauthorized content distribution, and the complexities of AI-generated intellectual assets. The paper addresses the global implications of IPR enforcement in an interconnected digital economy, highlighting jurisdictional conflicts, cross-border infringement issues, and the role of international regulatory frameworks.

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Responsible Consumption and Production
Abhishek Singh

ADD TO CART , ADD TO CRISIS: THE DARK SIDE OF CONSUMER CULTURE

In an era defined by relentless consumption, the dark side of consumer culture is impossible to ignore. Industries such as fashion, food, and technology thrive on mass production, yet their environmental costs—rising carbon emissions, overflowing landfills, and resource depletion—are staggering. High-income nations drive unsustainable consumption, while developing regions bear the brunt of ecological harm. The challenge ahead is not to abandon consumption but to rethink it. A systemic shift toward circular economies, corporate responsibility, and sustainable policies is imperative. Governments, industries, and individuals must act now—through policy reforms, responsible production, and conscious consumerism—before overconsumption not only depletes resources but determines the fate of our planet. The question is no longer if we must change, but how urgently.

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Decent Work and Economic Growth
Manini Agarwal

THE GIG ECONOMY: PROBLEMS AND CHALLENGES FOR WORKERS

By Namrata P. Rajiv, Kinjal Sharma, Gautum Kumar Mishra and Manini Agarwal  The year 2025 marked a significant turning point for India’s gig economy. Prime Minister Modi’s decision to provide gig workers with a legitimate identity through the e-shram portal and health insurance coverage under the Jan Arogya Yojana scheme demonstrated the government’s commitment to formalising this sector (Investopedia & Munichiello, 2024).  As illustrated in the chart below, the gig economy has experienced exponential growth particularly driving the youth to this sector as an alternative employment, driven by the rise of online platforms such as Zomato, Instamart, Blinkit, and Zepto. This growth is expected to continue as more workers join the platform. The recent budget has acknowledged the sector’s potential by introducing measures to formalise it (Boston Consulting Group, 2021).  From an economic perspective, investing in the gig economy offers numerous benefits, including cost-saving advantages for businesses and greater customer acquisition for consumers seeking doorstep delivery. According to NITI Aayog’s report, “India’s Booming Gig and Platform Economy,” the workforce in this sector is projected to exceed 1 crore in 2024-25 and reach 2.35 crore by 2029-30 (One Crore Gig Workers to Benefit Under PM Jan Arogya Yojana Healthcare Scheme, n.d.).  However, this growth also presents challenges, particularly regarding fixed-period contracts, seasonal employment, and the ability to hire and fire workers flexibly. To address these concerns, it is essential to understand the challenges, prospects, and recommendations for taking this economy forward. Increased digitalisation and the growth of e-commerce have led to a rise in the number of gig economy participants. With projections indicating a total of 86.5 million participants by 2027, it becomes pertinent to address the challenges and analyse the workings of the gig economy (Upwork, n.d.).  CHALLENGES: The gig economy has revolutionised the nature of work all across the world providing new job opportunities and flexibility of labour to millions of gig workers. Whether it is Uber, Zomato, or Swiggy, the gig economy is said to have revolutionised India’s economy with at its forefront the demographic dividend of half a million labor force comprising the youth. However, despite the enormous benefits provided there are several challenges causing adverse effects on the workers and the economy as a whole. Most specifically these issues include the legal insecurities due to the regulatory frameworks and the job instability posed by the gig economy. Online transport services like Ola, Uber, Rapido, etc have a huge number of gig workers spanning across the country, in cities like Mumbai, Bangalore, Chennai, Delhi, etc. In a study, it was found that 60% of drivers work for more than 12 hours a day, and up to 83% work for more than 10 hours a day. Compared to the Indian Factories Act, of  1948, which sets working hours at 8 per day and 48 hours per week, gig workers often work beyond legal work limits, without any overtime. Furthermore, these companies have a ‘’30 min delivery policy’’ to maintain competition in the market, putting immense time-bound pressures on gig workers. Most of these companies work on demand-based services with no fixed working hours and low wages.  1.1 Regulatory Framework One of the most significant challenges faced by the workers is concerning workers’ classification. The majority of the companies classify the workers as independent contractors rather than employees to avoid obligations entitled to them resulting in blatant discrimination of workers. Gig workers in these scenarios are suffering from minimum wage laws, overtime pay, and workplace protections (Rogers, 2016). This classification undertaken by companies has often led to legal battles, with courts for example, in the landmark case of “Dynamex Operations West, Inc. v. Superior Court of Los Angeles” (2018), the Supreme Court of California ruled in favour of stricter worker classification standards, leading to the passage of Assembly Bill 5 (AB5) mainly due to pressure from gig giants like Uber. There are rulings which are held which have favoured workers while others have upheld the gig worker’s classification as independent contractors. In India, gig workers face several challenges especially due to the ambiguous labour laws. There are attempts made to address these concerns such as the Code on Social Security 2020 to recognise gig workers and to offer social security benefits. However, this law does not mandate companies to provide employment benefits like minimum wage, social security, and job security and the implementation of this law remains very weak. This has resulted in gig workers continuing to operate in the grey area, with uncertainties. Another significant issue faced is concerning tax contributions. Most of the time gig workers do not receive employer support. In the traditional workforce, taxes are automatically deducted by employers easing the complex procedures of filing taxes. Whereas in the gig economy gig workers themselves must set aside money, calculate, and then pay their self-employment taxes. This at times leads to financial strains for the gig workers(Collins et al., 2019). Research indicates that gig workers struggle with the complexities of tax filing as the majority of them are unaware of tax regulations. Moreover, the absence of employer contributions to social security and insurance also places an additional burden on gig workers, adversely affecting their earnings and long-term financial stability (OECD, 2021). 1.2 Job Insecurity and Lack of Benefits In the case of the traditional workforce which typically requires a workforce full time the gig workers lack job security as their employment depends on the fluctuating demand and platform algorithms. Studies indicate that gig workers often experience income volatility due to unpredictable work availability (Woodcock & Graham, 2020) and it was also found that 29% of gig workers rely on gig work as their primary source of income, making them increasingly vulnerable to sudden shifts in demand as per a study conducted by the Pew Research Center (2021). Algorithmic adjustments tend to prioritise the workers leaving them without work affecting their long-term financial stability. Rosenblat and Stark (2016) found that ride-hailing platforms use opaque algorithms to determine worker availability and compensation, which reduces earnings without notice.

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International Relations
Misha Sheth

Sudan’s Crisis: The World’s Forgotten Tragedy

Sudan’s prolonged crisis has spawned a devastating humanitarian disaster, with over 25 million people in need of aid. The conflict has unleashed widespread violence, ethnic atrocities, and human rights abuses, including reports of rape and mass displacement. Despite efforts by international organizations and governments, the situation remains dire, with critical infrastructure collapsing, inflation soaring, and economic slowdown exacerbating the suffering.

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Peace, Justice, and Strong Institutions
Sneha Kumari Shaw

Global Supply Chain Disruption due to turmoil in the Middle East

Approximately 12% of total global trade passes through the Suez

Canal.Roughly 30% of the world’s seaborne oil trade passes through the Strait

of Hormuz.It is a crucial waterway connecting the Red Sea and the

Mediterranean Sea, offering a shorter shipping route between Asia and

Europe.Due to the recent conflict between Israel and Hamas, this region has

created uncertainty in the global supply chain.This region is a major supplier

of oil and petroleum products; any disruption here can impact all sectors in all

countries.Therefore, keeping in mind the importance of this region, this report

specifically focuses on the disruptions created by the Israel-Israel conflict

and their impact.

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Public Policies
Aahna Srivastava

Employment Generation: India’s Specific

Authored by: Aahna Srivastava, Anjali, Divya Atalkar, Khushi Shah and Sakshi Sharma

ABSTRACT
India has witnessed significant employment growth recently, but job creation is still a major concern. Through various survey reports presented by the International Labour Organization and the Ministry of Statistics and Programme Implementation, this paper studies the current scenario of India’s employment growth and government strategies, which aim to boost employment in the country but are not equivalent to its promises. Additionally, the paper frames suggestions for India alongside successful international employment models to overcome challenges faced during job creation and provide better options for its population.

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