Author: PRASANNASRI26092001

OF LOVE AND LAW: WHY INDIA MUST REJECT ALIENATION OF AFFECTION: A CRITICAL EXAMINATION OF TORT’S RELEVANCE IN LIGHT OF PRIVACY, AUTONOMY AND JUDICIAL PRECEDENCE

AUTHOR – KAVYANJALI JHA, ADVOCATE, GRADUATE FROM LAW CENTER 1, FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – KAVYANJALI JHA, OF LOVE AND LAW: WHY INDIA MUST REJECT ALIENATION OF AFFECTION: A CRITICAL EXAMINATION OF TORT’S RELEVANCE IN LIGHT OF PRIVACY, AUTONOMY AND JUDICIAL PRECEDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 407-416, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The tort of alienation of affection bedded out of the Anglo-American Common Law. The tort allows a spouse to sue the third party for malevolently interfering with once’s marital life. The heart balm is still remains virtually unknow in the Indian legal landscape, despite it being recognized by a few U.S jurisdictions. The paper critically examines philosophical foundation, historical development and its precarious compliance with constitutional and social structure of contemporary India. Through an analysis of judicial precedents, evidentiary complication coupled with constitutional values-specifically the right of privacy, personal autonomy and dignity. The paper argues such a tort is antiquated and retrogressive. The passage of this law is also discouraged in the wake of decriminalization of adultery, rise of judicial restraint in marital disputes and increasing misuse of matrimonial laws like Section 498AIPC. The paper highlights the intrinsicses of human relationships and instead of a confrontational litigation suggest Alternative Dispute Mechanism as more constructive and empathetic path. Sequentially at the end it comes to a conclusion that the tort, neither practically nor theoretically, is suited to current Indian jurisprudence.

A CRITICAL ANALYSIS OF ISSUES AND CHALLENGES IN THE RIGHT TO INFORMATION IN INDIA: CONTEMPORARY PERSPECTIVES AND REFORM

AUTHOR – N.C. POORNAMATHI & S. GOWSALYA

LLM STUDENTS AT LABOUR LAW AND ADMINISTRATIVE LAW, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – N.C. POORNAMATHI & S. GOWSALYA, A CRITICAL ANALYSIS OF ISSUES AND CHALLENGES IN THE RIGHT TO INFORMATION IN INDIA: CONTEMPORARY PERSPECTIVES AND REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 401-406, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

       The Right to Information Act, 2005 (RTI Act) marked a watershed moment in India’s democratic journey. It aimed to empower citizens by providing them access to information held by public authorities, thereby enhancing transparency, accountability, and good governance. This article critically analyzes the issues and challenges in the implementation of the RTI Act, highlighting its evolution, judicial interpretation, and role in promoting participatory democracy. Landmark judgments of the Supreme Court and Central Information Commission are reviewed to demonstrate the scope of RTI as a facet of the fundamental right to free speech. Challenges such as poor awareness, bureaucratic resistance, misuse of provisions, and lack of protection for whistleblowers are evaluated. 

       The article also examines the RTI Amendment Bill, 2019 and its implications on the independence of information commissions. Comparative insights from global information laws are also briefly presented. The study concludes that while RTI has empowered citizens and exposed corruption, significant reforms are required to strengthen its implementation, safeguard applicants, and ensure its effectiveness as a tool for good governance.

KEYWORDS: Right to Information, Judicial Control, Transparency, Good Governance, Constitutional Law

PREVALENCE OF BONDED LABOUR: A LEGAL ANALYSIS OF ITS CAUSES AND EFFECTIVE IMPLEMENTATION OF BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

AUTHOR – S. GOWSALYA*, N.C. POORNAMATHI* & ANBU RANI A**

* LLM STUDENTS AT LABOUR LAW AND ADMINISTRATIVE LAW, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

** LLM STUDENT AT LLM – CYBER SPACE LAW AND JUSTICE, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – S. GOWSALYA, N.C. POORNAMATHI & ANBU RANI A, PREVALENCE OF BONDED LABOUR: A LEGAL ANALYSIS OF ITS CAUSES AND EFFECTIVE IMPLEMENTATION OF BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 394-400, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bonded labour, often referred to as debt bondage, is a modern manifestation of slavery that continues to persist in India despite constitutional guarantees, statutory prohibitions, and judicial activism. This article examines the historical roots, socio-economic causes, and continuing prevalence of bonded labour in India. It analyses the legislative framework, judicial interpretations, and international obligations of the Indian State with regard to the elimination of this practice. While the Bonded Labour System (Abolition) Act, 1976 was a watershed in statutory recognition of bonded labour as unconstitutional, implementation gaps, administrative reluctance, caste-based exploitation, and lack of rehabilitation mechanisms continue to hinder effective abolition. Through doctrinal analysis, case law review, and comparative study of international standards, this paper argues for a multi-pronged strategy to strengthen enforcement, enhance rehabilitation, and align India’s practices with its international commitments. The study concludes with policy recommendations to ensure that the nation fulfills its constitutional and international mandate to eliminate bonded labour by upholding human dignity and labour rights.

KEYWORDS: Bonded labour, exploitation, implementation gaps, Bonded Labour System (Abolition) Act, 1976, Awareness and Education

PROCESS OF INCORPORATING INTERNATIONAL LAW IN INDIAN LEGAL SYSTEM

AUTHOR – MISS SAMRUDDHI HARSHAL SANT, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MISS SAMRUDDHI HARSHAL SANT, PROCESS OF INCORPORATING INTERNATIONAL LAW IN INDIAN LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 383-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bridging the Global and the Local: The Path of International Law into India’s Legal Framework. India, as a former British colony, inherited a dualist approach to international law, requiring domestic legislation for treaty enforcement. Post-independence, the Indian Constitution provided mechanisms for integrating international law, with Article 253 empowering Parliament to legislate on treaties and agreements. Over time, judicial interpretations have played a key role in aligning domestic laws with international commitments. India remains a dualist state where treaties do not automatically become law unless legislated upon. Courts have, however, increasingly relied on international conventions, particularly in human rights and environmental law, even in the absence of formal legislative enactment. Despite constitutional provisions, inconsistencies in implementation persist due to executive discretion and lack of a structured treaty incorporation process. The absence of a clear framework for treaty incorporation creates legal uncertainty, inconsistent judicial application, and gaps in international obligations. There is a need to assess whether India’s existing legal mechanisms are sufficient or if reforms are necessary to ensure seamless integration of international law into domestic jurisprudence. A structured and mandatory legislative framework for the incorporation of international treaties will enhance legal certainty, improve compliance with international obligations, and strengthen India’s global legal standing. Introduction of a Treaty Incorporation Act to establish a standardized process. Mandatory parliamentary approval for key treaties impacting fundamental rights and governance. Enhanced judicial guidance on the applicabilityof customary international law. Creation of a dedicated Treaty Implementation Authority for monitoring and compliance. To analyze the effectiveness of India’s current approach to incorporating international law. To assess the role of the judiciary in interpreting international obligations. To identify gaps and challenges in treaty implementation. To propose legal and institutional reforms for a more structured approach. To strengthen India’s commitment to global legal standards while ensuring constitutional integrity. It reflects a balance between constitutional provisions, judicial decisions, and legislative actions.

Keywords : Constitution, Customary International Law, Dualism, Fundamental Rights, Global Legal Standards, International Law, Judiciary, Legal Framework, Legislative Incorporation, Parliamentary Approval, Reform, Sovereignty Treaty, Implementation Treaty, Incorporation Act, Treaty Obligations

APPLICATION OF LEGAL THEORIES IN INTERNATIONAL LAW – A MODERN PERSPECTIVE

AUTHOR – SHIVANANDAN PRASHANT DARADE, DES SHRI NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – SHIVANANDAN PRASHANT DARADE, APPLICATION OF LEGAL THEORIES IN INTERNATIONAL LAW – A MODERN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 374-382, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

International Law is not a law but a framework of legal rules and principles formed to be obliged and legally binding on mutually consenting sovereign states. Application of Legal Theories and its principles in International Law has been in practice since Ancient times. One of the examples of application of legal principles in International Law dates back to 2100 BCE with the Solemn Treaty between Lagash and Umma of Mesopotamia and has evolved since then till the present times. With the advent of modern age and the evolution of International Law after the end of World War II, United Nations Organization was established in 1945 for governance of International Law by framing legal rules and principles as per legal theories prevalent in respective times and also forming other international institutions governing different fields of human importance. Principles of International Law first evolved with Roman Law of Lex Gentium meaning ‘Law of Non-Romans (Foreigners)’ incorporating principles from Natural and Positive Law Theories and later on developed by Hugo Grotius. In modern times International Law is defined by Oppenheim as ‘body of rules which are legally binding on states in their intercourse with each other. The principles from the legal theories are applied through sources like conventions, customs, general principles, judicial decisions and United Nations resolutions. The changing nature of International disputes and their repercussions on rights of human makes it necessary to formulate principles applicable in the future.The combination of principles from Historical, Natural and Positivist theory of law are most prominently in use in modern International Law made binding on the states through its sources.The researcher has undertaken the topic to understand and study the evolution, its changing concepts and implications of International Law in modern times through application of legal theories for its development in the future.

Key Words- Lex Gentium, Convention, Treaty, United Nations Organizations, Customs.

“A CRITICAL ANALYSIS ON EMPLOYEE COMPENSATION SCHEME IN INDIA”

AUTHOR – M. MATHAN, 2^nd LLM (LABOUR LAW AND ADMINISTRATIVE LAW), TAMILNADU DR. AMBEDKAR LAW UNIVERSITY CHENNAI – 13

BEST CITATION – M. MATHAN, “A CRITICAL ANALYSIS ON EMPLOYEE COMPENSATION SCHEME IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 361-373, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper provides a comprehensive analysis of India’s employee compensation framework, primarily examining the Employees’ Compensation Act, 1923, and its evolution through various amendments. The study investigates the effectiveness of current compensation mechanisms, employer liability structures, and the adequacy of statutory provisions in protecting workers’ rights. Through doctrinal analysis of legal provisions, judicial interpretations, and comparative examination of international conventions, this research reveals significant gaps between legislative intent and practical implementation. The findings indicate that while India’s compensation scheme provides a foundational framework for worker protection, issues persist regarding compensation adequacy, procedural complexities, and enforcement mechanisms. The study employs a mixed methodology approach, incorporating statutory analysis, case law examination, and comparative legal research. Key findings suggest that current compensation rates remain insufficient to meet modern living standards, administrative delays compromise timely relief, and awareness levels among workers remain inadequate. The research recommends comprehensive legislative reforms, enhanced enforcement mechanisms, simplified claim procedures, and increased compensation amounts aligned with contemporary economic realities. This analysis contributes to the existing body of knowledge by providing updated insights into India’s evolving compensation landscape and offering practical recommendations for policy reform and implementation improvement.

Keywords: Employee Compensation, Workmen’s Compensation Act, Employer Liability, Industrial Accidents, Labor Law, Social Security, Occupational Safety

A STUDY ON ENVIRONMENTAL HEALTH AND TOXIC CHEMICAL RISKS IN COMMERCIAL CONTRACT WITH REFERENCE TO CHENNAI

AUTHOR – SUSHIRAGA, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI 600077

BEST CITATION – SUSHIRAGA, A STUDY ON ENVIRONMENTAL HEALTH AND TOXIC CHEMICAL RISKS IN COMMERCIAL CONTRACT WITH REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 328-353, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The workers around the world are facing a global health crisis due to occupational exposure to toxic chemicals in contracts. Introduction many of these workers lose their life following such exposures, succumbing to fatal diseases, cancers and poisonings, or from fatal injuries following fires or explosions.The statement that handle chemicals following safety procedures and who perceived to have received an adequate training in the management of accidents and first aid The aim is to analyse the additional burden that workers and their families face from non-fatal injuries resulting in disability, debilitating chronic diseases, and other health sequela, that unfortunately in many cases remain invisible. All of these deaths, injuries and illnesses are entirely preventable.Moreover, with new chemicals introduced every year, mechanisms for regulating. The sample size is 208. The purpose of empirical research is to accurately portray the environment and toxic chemical risks. The convenient sampling method is used to collect samples. The findings represent a much needed analysis of recent trends and priorities when it comes to protecting the health and safety of workers from occupational chemical exposures.Rapid urbanization in Chennai has led to increased pollution levels, especially in industrial zones. Conclusion These hazards are amplified by other negative socioeconomic and health factors, including higher rates of chronic diseases, lack of access to healthy foods, substandard housing, and stress from racism, poverty, unemployment, and crime. The dispersion and concentration of pollutants in water and soil.

KEYWORDS:

Chemical industry, environment, hazardous, workers, health.

A STUDY ON EVIDENTIARY CHALLENGES IN ADDRESSING MARITAL RAPE

AUTHOR – REVANTH E, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI 600077

BEST CITATION – REVANTH E, A STUDY ON EVIDENTIARY CHALLENGES IN ADDRESSING MARITAL RAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 314-327, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape known as spousal rape, is non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, of domestic violence, and of sexual abuse.Implementation of marital rape laws in our country would defineity increase the quality of life and reduce the cases of marital rape.Although the petition challenging the exception to IPC 375 is still being heard in the Delhi High Court, senior Supreme Court judges have argued that the right to say ‘no’ should be a right after marriage too. However there are certain factors that are to be considered like fake accusations of the spouse.The main objective of the study is to know whether the sample population considered forceful sex after marriage as still rape. The research has followed the empirical research method using a convenient sampling method. The sample size of the study is 240. The samples are taken from many parts of India through online and offline surveys.The results observed from the study is that the Millennials and Gen Z are the most aware about the issue marital rape and also insist in criminalizing marital rape.From the analysis majority of the society haven’t experienced marital rape and it has seen a downfall from previous decades or it can also be due to very less awareness and the lack of liberation  to speak about the injustice.Social issues are very delicate problems of society, utmost care and sensitivity provided will help us to find a solution for the problems. Successful societies are those that create conditions that lead to better health, well-being and resilience for individuals and communities.

KEYWORDS: Rape , Implied consent, Non consensual , Domestic voilence, Perpetrator

AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14

AUTHOR – AYUSHI SHREYA, BBA LLB(HONS.), SCHOOL OF LAW, BENNETT UNIVERSITY, GREATER NOIDA, UTTAR PRADESH

BEST CITATION – AYUSHI SHREYA, AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 872-879, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The paper discusses concerns of increasing algorithmic discrimination in the context of the constitutional body of India, with implications to Article 14 (Right to Equality). Although purportedly neutral, input data for AI decision systems often carry structural biases and, due to the limited accountability of their algorithms and processes, exacerbate their effects. The central research question is: How does algorithmic inequality violate constitutional guarantees of equality and non-discrimination under Article 14, and what jurisprudential reforms are necessary to ameliorate this gap?

The qualitative study works with doctrinal analysis of constitutional principles, case law on equality and discrimination, together with interdisciplinary insights from AI ethics and critical data studies. The key arguments are:

• Constitutional violation through bias in AI: Algorithmic discrimination undermines substantive equality by codifying historical prejudices (working through caste, gender, or socioeconomic bias in hiring, policing, or welfare systems).
• Opacity vs. Judicial Scrutiny: The fact that AI is a “black box” conflicts with Article 14’s requirement of non-arbitrariness and procedural fairness.
• Remedial Gaps: Current legal frameworks lack pertinent avenues to audit AI systems and to hold developers accountable for discriminatory outcomes.

The recommendations on algorithmic accountability include transparency requirements, bias-testing criteria, and a recognition by the courts of “algorithmic discrimination” as a separate constitutional wrong. The paper proposes for a rights-based AI governance system grounded upon India’s principles of egalitarian jurisprudence.

Keywords: Artificial Intelligence, Algorithmic Discrimination, Article 14, Constitutional Law, Bias, Equality, Jurisprudence.

URBANIZATION AND ENVIRONMENTAL CONCERN

AUTHOR – RAINCY* & DR BHAWNA ARORA**

* STUDENT AT UTTARANCHAL UNIVERSITY

** ASSOCIATE PROFESSOR AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

BEST CITATION – RAINCY & DR BHAWNA ARORA, URBANIZATION AND ENVIRONMENTAL CONCERN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 866-871, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Today, half of the world’s population lives in urban areas. By 2050, 70 percent of the population will be urban. India has been witnessing massive urbanization. Over the six decades since independence, India’s population grew three-fold from 350 million in 1947 to 1027 million in the year in 2001. During the same period, the urban population grew almost 4.6 fold as fast – from 62.4 million to 286 million (Census 2001). Thus, the Independent India has been urbanising very fast. The process of urbanization has been closely linked with pattern of economic development in the country. Although the process of urbanization in India could not be explained fully by the process of economic development, it is positively linked with the latter.¹