Author: PRASANNASRI26092001

X’S (FORMERLY AS TWITTER) TERMS & CONDITIONS AND ITS IMPACT ON THE DEBATE OF PRIVACY AND DATA OWNERSHIP

AUTHOR – SHERLYN ELIZEBETH SANTHOSH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SHERLYN ELIZEBETH SANTHOSH, BLEEDING BOUNDARIES : RELIGION , RIGHTS AND RESTRICTIONS, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 284-302, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

This research paper explores the evolution of X’s (formerly Twitter) Terms and Conditions, specifically the 2024 revision, and discusses its implications for user privacy, ownership of data, and legal underpinnings of digital consent. The study explores the platform’s evolution through a multi-layered analysis, evaluating recent policy changes critically as markers of broader patterns in surveillance capitalism and corporate data supremacy. It compares the viability of user consent in these models to the counterarguments made by platform proponents and the dominant behaviours of major tech companies. Additionally, it analyses the legal protections that are in place in India and around the world and looks at emerging data vulnerabilities such as chatbot flaws, AI training methods, and third-party access. In order to gather real concerns and awareness, it uses user replies and an impartial poll to gauge public opinion. In addition to analysis, this paper offers policy suggestions for redistributing power between platforms and users, including stronger transparency requirements, clearer consent procedures, and legislative adjustments to safeguard digital rights. Finally, the study demands for a digital governance approach that is more equitable and responsible.

INHERITANCE RIGHTS OF WOMEN UNDER HINDU SUCCESSION ACT: A CRITICAL STUDY

AUTHOR – PRAGYA MATHUR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – PRAGYA MATHUR, INHERITANCE RIGHTS OF WOMEN UNDER HINDU SUCCESSION ACT: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 276-283, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

The present paper critically analyzes the development of property rights of Hindu women in India with special emphasis on the effects of the Hindu Succession Act, 1956 (HSA) and the Hindu Succession (Amendment) Act, 2005 (HSAA). In the past, Hindu women enjoyed very limited rights of inheritance, being socially and economically inferior to men. The institution of coparcenary property, a special category of joint family property, classically limited inheritance by birth to male lineal descendants. The Hindu Women’s Right to Property Act of 1937 granted limited rights, mostly to widows. The passing of the HSA in 1956 was a turning point by acknowledging the property rights of Hindu women and instituting ideas such as testamentary and intestate succession, and absolute ownership under Section 14, instead of limited estates. The 1956 Act did not initially confer coparcenary rights by birth on daughters over ancestral property. Realizing that this gender bias had to be eliminated and in accordance with principles of constitutional equality, the HSAA 2005 was introduced. This historic amendment granted daughters the status of coparceners by birth, with rights and liabilities being the same as sons in coparcenary property. Despite these progressive legal changes, challenges in implementation and interpretation persist, including issues regarding the retrospective effect of the amendment, the impact of partition, and societal resistance rooted in patriarchal norms. In addition, the provisions of intestate succession of a Hindu woman under Section 15 of the HSA 1956 have been criticized on grounds of discrimination, and the husband’s heirs usually take preference over her family of birth, even for self-acquired property. This article critically discusses these pressing issues and concerns by examining the pertinent provisions, landmark judicial decisions such as Vineeta Sharma v. Rakesh Sharma and Arunachala Gounder (dead) By Lrs v. Ponnusamy, and throwing light on the ongoing struggle for gender justice and social reform towards realizing real equality in Hindu succession laws. Keywords: Female Coparcenary, Female Inheritence, Judicial Interpretation, Gender Discrimination, Hindu Succession Act 1956, HSAA 2005, Intestate Succession, Property Rights, Social Reform

SUSTAINABLE DEVELOPMENT GOALS – SDG-15: LIFE ON LAND

AUTHOR – SOURIN VED, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SOURIN VED, SUSTAINABLE DEVELOPMENT GOALS – SDG-15: LIFE ON LAND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 269-275, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

This article examines the critical role of international law in achieving Sustainable Development Goal 15 (SDG 15), “Life on Land,” which focuses on protecting, restoring, and promoting the sustainable use of terrestrial ecosystems, managing forests, combating desertification, halting biodiversity loss, and reversing land degradation. It explores key international legal frameworks such as the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species (CITES), and the United Nations Convention to Combat Desertification (UNCCD). The article assesses the progress made towards SDG 15, highlighting significant challenges such as inadequate implementation, financial shortfalls, and conflicting interests. Through a case study on combating wildlife trafficking via CITES, it underscores the practical difficulties in enforcement and the need for enhanced international cooperation. Recent developments, including the outcomes of the Nineteenth Session of the UN Forum on Forests (May 2024), are discussed as steps towards accelerating progress. The article concludes by proposing solutions such as strengthening enforcement mechanisms, increasing financial support, integrating scientific data into policy-making, and fostering public participation. Ultimately, while international law provides a robust foundation, its effectiveness hinges on robust implementation, political will, and innovative approaches to address emerging threats.

SUSTAINABLE DEVELOPMENT GOALS 13 – CLIMATE ACTION

AUTHOR – YASH PRAJAPATI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – YASH PRAJAPATI, SUSTAINABLE DEVELOPMENT GOALS 13 – CLIMATE ACTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 260-268, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

The escalating climate crisis has placed Sustainable Development Goal 13 (Climate Action) at the forefront of international and domestic legal agendas. This article critically examines the effectiveness of existing legal frameworks in facilitating the achievement of SDG 13, with a special focus on India. It explores the evolution of climate-related jurisprudence, including landmark cases such as M.C. Mehta v. Union of India, and evaluates the role of statutory mechanisms like the Environment (Protection) Act, 1986 and the National Action Plan on Climate Change (NAPCC) 2008. The analysis highlights significant gaps in current laws, including the absence of a dedicated climate change statute, limited enforcement mechanisms, and the need for stronger constitutional recognition of environmental rights. Drawing from international best practices and domestic realities, the article proposes comprehensive reforms, including the enactment of a Climate Change Act, establishment of an independent Climate Commission, strengthening the environmental rule of law, and alignment with global climate commitments. Ultimately, it argues that legal systems must transition from merely regulating environmental harm to proactively securing a sustainable future, ensuring that climate action is not aspirational but enforceable. The article offers a roadmap for legal transformation to meet the urgent demands of climate governance and fulfill the vision of SDG 13.

ANTI-UNTOUCHABILITY LAW IN RURAL INDIA: SOCIAL IMPACT AND STRATEGIES FOR FURTHER REFORM

AUTHOR – BHARTIA PRATIBHA INDRAPAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – BHARTIA PRATIBHA INDRAPAL, ANTI-UNTOUCHABILITY LAW IN RURAL INDIA: SOCIAL IMPACT AND STRATEGIES FOR FURTHER REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 247-259, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

One major stride towards the abolition of caste-based discrimination was the Anti-Untouchability Law, which was enacted under the Untouchability Offences Act (1955). The law aimed to eliminate untouchability practices and promote equality, which was inspired by Dr. B.R. Ambedkar, the chief author of the Indian Constitution and a passionate advocate for Dalit rights. However, due to deep-rooted caste stereotypes, untouchability still prevails, especially in rural areas.

There were four major groups in Indian society, which included Brahmins, Kshatriyas, Vaishyas, and Shudras. The Shudras were considered “untouchables,” and they were the lowest group. These people were subjected to strict political, religious, social, and economic restrictions. Since they were considered polluting to the upper castes, they were often assigned “impure” jobs such as manual labour and rubbish disposal.

They were excluded from access to community gatherings, public water supplies, and temples. Millions were deeply affected by such a system of caste-based social separation. This system of untouchability is, to this day, a serious problem in rural India despite constitutional prohibitions.

The weak enforcement of laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Protection of Civil Rights Act, 1955, continues to hinder progress in the fight against caste violence and untouchability.

This would mean the education of all children, including the children from the upper-caste family. The environment and family values of children make a huge difference in their lives, especially if they are born and brought up in rural settings. Education of respect, equality, and the destructive power of discrimination would help us to build an egalitarian society that would, in turn, assist future generations to reject the prejudice of caste-based discrimination. Such education can remove outmoded ideas and usher in societal progress.

The ongoing practice of untouchability in rural India will be examined in this research paper, along with its causes, effects, and necessary measures to eradicate it.

SOCIAL MEDIA DATA MINING: ETHICAL AND LEGAL CONCERN

AUTHOR – AMAN KUMAR MISHRA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – AMAN KUMAR MISHRA, SOCIAL MEDIA DATA MINING: ETHICAL AND LEGAL CONCERN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 236-246, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

This paper provides a critical analysis of the ethical and legal aspects of social media data mining, with a particular emphasis on the legal context in India. It utilizes global case law, ethical theories, statutory frameworks, and judicial interpretations to highlight the shortcomings in existing regulations and to suggest a rights-based regulatory framework that is prepared for the future. The analysis seeks to align global best practices with the realities in India, ultimately aiming to deliver actionable policy recommendations and encourage informed legal reform.

WHEN SPACE DEBRIS FALLS: LEGAL GAPS AT SEA

AUTHOR – PRIYANKA ELENGO CHETTIAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – PRIYANKA ELENGO CHETTIAR, WHEN SPACE DEBRIS FALLS: LEGAL GAPS AT SEA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 229-235, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract:

The increasing number of activities in outer space, alongside the rising threat of space debris, presents significant challenges within international law, particularly concerning incidents that occur at sea. As states and private entities engage in satellite launches and space exploration, the risk of space debris impacting maritime vessels and ecosystems intensifies. Existing legal frameworks, including the Outer Space Treaty and the United Nations Convention on the Law of the Sea (UNCLOS), are often fragmented and inadequately equipped to address these cross-domain incidents. This paper critically examines the discrepancies between space law and maritime law, particularly regarding liability for damages. It highlights the inconsistencies in legal principles, which complicate the pursuit of justice for affected parties and undermine state accountability. To address these challenges, the paper proposes necessary legal reforms aimed at harmonizing space and maritime laws, advocating for the establishment of a cohesive regulatory regime. Such a framework would provide clear guidelines for liability, compensation mechanisms, and protocols for mitigating risks associated with space debris. By fostering international cooperation and dialogue among stakeholders, this research aims to bridge existing gaps and enhance the protection of both celestial and maritime domains in an increasingly interconnected world. Ultimately, it argues for a comprehensive legal approach that reflects the complexities of emerging hybrid threats, ensuring sustainable governance of outer space and ocean resources.

REFORMING MARITAL RAPE LAWS IN INDIA

AUTHOR – TANIA DSOUZA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – TANIA DSOUZA, REFORMING MARITAL RAPE LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 224-228, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

In India, the institution of marriage has long been rooted in religious and patriarchal traditions, often placing women in subservient roles that prioritize domesticity and obedience. This cultural framework, reinforced by legal doctrines inherited from colonial jurisprudence, continues to shield perpetrators of marital rape which exempts husbands from prosecution for non-consensual sex with their wives. This legal exception, grounded in outdated notions of implied consent within marriage, denies married women the protection and autonomy afforded to others under rape laws, perpetuating cycles of abuse, silence, and systemic inequality. Despite global human rights obligations and landmark constitutional judgments emphasizing dignity, privacy, and consent, India has resisted criminalizing marital rape—citing concerns of false accusations and threats to the sanctity of marriage. This paper explores the socio-cultural, legal, and constitutional implications of the marital rape exception, drawing on comparative legal frameworks from the United Kingdom, United States, Canada, and South Africa. These jurisdictions demonstrate that recognizing marital rape as a crime strengthens, rather than undermines, the institution of marriage by embedding consent and mutual respect as its foundation. The paper ultimately argues that India stands at a legal and ethical crossroads and must choose between perpetuating patriarchal silence or advancing justice for all its citizens, regardless of marital status.

BLEEDING BOUNDARIES : RELIGION , RIGHTS AND RESTRICTIONS

AUTHOR – SPRUHA PATIL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SPRUHA PATIL, BLEEDING BOUNDARIES : RELIGION , RIGHTS AND RESTRICTIONS, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 217-223, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

The article “Bleeding Boundaries: Religion, Rights & Restrictions” examines the constitutional legality and socio-legal consequences of limiting the access of menstruating women to places of worship in India. The study uses an empirical method to evaluate public opinion and lived experiences connected to this topic by surveying people aged 15 to 50 from various socio-economic, religious, and educational backgrounds. The research explores the intersection of traditional beliefs, cultural norms, and religious interpretations with the basic rights guaranteed by the Indian Constitution, especially those found in Articles 14, 15, 21, and 25.

This study’s main goal is to determine whether the prohibition on temple entry during menstruation constitutes a type of gender-based discrimination that infringes upon the rights to equality, dignity, and religious freedom. The empirical data gathered shows significant differences in opinion based on generation and gender. Older respondents and some religious groups see the restriction as a question of faith and purity, but younger respondents and women largely see it as discriminatory and antiquated.

This article examines the legal conflict between individual rights and collective religious practices through doctrinal analysis and case studies, such as important judicial precedents like Indian Young Lawyers Association v. State of Kerala. The study also emphasizes the social repercussions of this exclusion, such as internalized shame, secrecy surrounding menstruation, and the marginalization of women in religious environments.

The paper concludes by advocating a constitutional reading that weighs religious freedom against the changing norms of human dignity, gender justice, and bodily autonomy. It demands legislative changes, education initiatives, and inclusive policy actions that support the rights of all people to equal involvement in religious life and confront menstrual taboos. The paper aims to provide a grounded and nuanced viewpoint to the continuing discussion on gender, religion, and the Constitution by combining empirical evidence with legal reasoning.

SAFEGUARDING THE GENOME: HARMONIZING PRIVACY AND PROGRESS IN INDIA’S STRUGGLE AGAINST GENETIC DISCRIMINATION

AUTHOR – KRISHNACHANDRA NAIR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – KRISHNACHANDRA NAIR, SAFEGUARDING THE GENOME: HARMONIZING PRIVACY AND PROGRESS IN INDIA’S STRUGGLE AGAINST GENETIC DISCRIMINATION, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 207-216, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

Genetic testing opens up amazing chances for spotting diseases early and tailoring healthcare, but it also brings real risks when personal genetic info is misused. Discrimination based on genetic data can lead to missed job opportunities, higher insurance premiums, and social stigma, which threatens individual rights and public trust. This article looks at India’s messy legal framework—rooted in broad constitutional promises of equality and privacy, along with various scattered laws and guidelines—and compares it to more coherent international models like the U.S. Genetic Information Nondiscrimination Act (GINA), HIPAA, and the EU’s GDPR. By doing a critical side-by-side analysis, it highlights key shortcomings in India’s strategy, such as the lack of a specific anti-discrimination law, weak ethical codes, and enforcement issues. In the end, the article suggests a practical reform plan: creating a standalone Genetic Non-Discrimination Act, updating data-protection laws to treat genetic data as extra sensitive, setting up an independent Genetic Data Regulatory Authority, and rolling out focused awareness and training programs. These steps aim to strike a good balance between privacy and progress, ensuring that India can embrace genetic advancements responsibly while respecting individual dignity and fairness.

Keywords: Genetic Discrimination; Privacy Law; India; Employment and Insurance; Legal Reform