Author: PRASANNASRI26092001

TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION:  LEGAL CHALLENGES AND PATHWAYS TO EQUALITY

AUTHOR – APRAJEETA KUMARI, STUDENT AT AMITY LAW SCHOOL PATNA  

BEST CITATION – APRAJEETA KUMARI, TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION:  LEGAL CHALLENGES AND PATHWAYS TO EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I94

Abstract

This paper examines the historical evolution and legal standing of transgender rights in India, with a focus on Article 14 of the Indian Constitution, which guarantees equality before law and equal protection to all citizens.

Transgender individuals, historically referred to as “Hijras,” held respected positions in ancient Indian mythology and medieval royal courts. However, British colonial rule drastically altered their status through Section 377 of the IPC, 1860, which criminalized homosexuality, leading to widespread marginalization that persisted even after independence.

Over time, landmark judicial interventions reshaped the legal landscape. The NALSA v. Union of India judgment recognized transgender persons as a third gender and affirmed their fundamental rights under Articles 14, 15, 16, 19, and 21. The Navtej Singh Johar v. Union of India (2018) ruling decriminalized consensual homosexual acts, while Arunkumar and Sreeja (2019) expanded the definition of “bride” under the Hindu Marriage Act to include transgender women. The Transgender Persons (Protection of Rights) Act, 2019 further strengthened protections by prohibiting discrimination in employment, education, and healthcare, and providing legal gender identity through district-issued certificates.

Despite these legal advancements, the paper acknowledges that practical challenges remain. A National Human Rights Commission report cited that 99% of transgender individuals have faced rejection across family, education, employment, and healthcare, underscoring the gap between legal protection and lived reality.

The paper concludes that sustained efforts — including reservation policies, public awareness, and stronger governmental implementation — are essential to ensuring that transgender individuals enjoy equal dignity, opportunity, and respect as full citizens of India.

A DOCTRINAL AND CONSTITUTIONAL ANALYSIS OF PRINCIPLES OF CRIMINAL LAW

AUTHOR – ASWATHI P.M., LL.M. STUDENT AT DEPARTMENT OF CRIMINAL LAW, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – ASWATHI P.M., A DOCTRINAL AND CONSTITUTIONAL ANALYSIS OF PRINCIPLES OF CRIMINAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 19-34, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I93

ABSTRACT

Criminal law embodies the coercive authority of the State and represents the most intrusive form of legal power, regulating individual conduct through the threat and imposition of punishment. Such extraordinary power requires a robust normative framework, traditionally recognised as the principles of criminal law. These principles, including legality, mens rea, actus reus, presumption of innocence, burden of proof, fair trial, proportionality, and individual autonomy, act as constitutional and moral restraints on criminalisation and punishment. This research paper examines these principles through a doctrinal lens, assessing their functioning in real-world contexts, judicial practices, and contemporary social environments. The study also investigates how Indian criminal jurisprudence has been shaped by constitutional mandates under Articles 14, 20, 21, and 22, and how courts have expanded the scope of fundamental rights to fortify criminal law principles. The research further evaluates how deviations from these principles in special legislations like the NDPS Act, POCSO Act, and UAPA impact procedural fairness, and how the Indian judiciary negotiates this tension. By using comparative perspectives from the UK, US, and Canada, the paper situates Indian criminal law within global trends of rights-based criminal justice, restorative models, and evolving approaches to strict liability, cyber-offences, and victim- centric justice. Adopting a non-doctrinal empirical approach, the study incorporates judicial trends, socio-legal data, legislative practices, and contemporary criminal justice challenges. It identifies that several principles, while theoretically embedded in statutes, often face dilution in practice due to policing gaps, evidentiary burdens, custodial violence, trial delays, an inconsistent judicial interpretation. This paper proposes comprehensive legal, institutional, and policy- level reforms to ensure that the principles of criminal law ate not merely theoretical ideals but operational realities guiding every stage of criminal justice.

Keywords: Criminal law, Legality, Mens Rea, Actus Reus, Constitution, Fair Trial, Criminal Justice, Proportionality, Burden of Proof.

RECONCILING RELATIONSHIPS: A CRITICAL APPRAISAL OF MEDIATION AS A TRANSFORMATIVE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN FAMILY LAW

AUTHORS – MANYATA SINGH* & PROF. DR. LAKSHMI PRIYA VINJAMURI**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – MANYATA SINGH & PROF. DR. LAKSHMI PRIYA VINJAMURI, RECONCILING RELATIONSHIPS: A CRITICAL APPRAISAL OF MEDIATION AS A TRANSFORMATIVE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN FAMILY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 08-17, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I92

Abstract

The adjudicatory model of dispute resolution, deep-rooted in the Indian legal machinery, has been unable to keep up with the finesse and nuances of the emotionally charged nature of family law disputes. As family courts of the nation keep getting clogged with matrimonial cases, child custody disputes, and succession cases, mediation has increasingly become a viable and sensible solution. This chapter takes an intensive doctrinal and socio-legal analysis of mediation as an alternative dispute resolution (ADR) tool in the context of Indian family law. Based on the legislative tools such as the Family Courts Act, 1984, Section 89 of the Code of Civil Procedure, 1908, and the newly introduced Mediation Act, 2023, the chapter traces the formal and informal boundaries of mediation practice in India. It critically discusses landmark judicial pronouncements most notably, K. Srinivas Rao v. D.A. Deepa, Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co., and Salem Advocate Bar Association v. Union of India, to track the changing support of consensual dispute resolution by the judiciary. The three thematic analytical chapters discuss in turn the legislative framework on which family mediation is based, the jurisprudential history that has influenced its practice, and the institutional obstacles that still limit its efficacy. The chapter concludes that, although mediation has significant transformative potential in humanising the resolution of family disputes, its effectiveness depends on specific institutional changes, such as professionalisation of mediators, establishment of a strong regulatory oversight authority, and incorporation of trauma-informed frameworks into mediation practice. The chapter ends with a set of policy and legislative reform recommendations that will help to solidify the role of mediation as a valid, culturally acceptable, and constitutionally viable component of family justice in India.

Keywords

Mediation; Family Law; Alternative Dispute Resolution; Section 89 Code of Civil Procedure; Matrimonial Disputes; Mediation Act 2023

THE DIGITAL GAVEL: NAVIGATING THE FUTURE OF ALTERNATIVE AND ONLINE DISPUTE RESOLUTION IN THE ERA OF ARTIFICIAL INTELLIGENCE AND DECENTRALIZED JUSTICE

AUTHOR – ADARSH SINGH* & AISHWARYA SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – ADARSH SINGH & AISHWARYA SINGH, THE DIGITAL GAVEL: NAVIGATING THE FUTURE OF ALTERNATIVE AND ONLINE DISPUTE RESOLUTION IN THE ERA OF ARTIFICIAL INTELLIGENCE AND DECENTRALIZED JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 01-07, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I91

Abstract

The transformation of Alternative Dispute Resolution (ADR) into Online Dispute Resolution (ODR) is a radical change in the modern legal design. Out of the necessities of international trade, a persistent administrative backlog, and the swift development of computational technologies, ODR has outgrown its beginnings as a digital facilitation instrument. This paper is a comprehensive doctrinal, legislative, and technological study of the future of dispute resolution. The main aim is to critically analyze how emerging technologies, namely, Artificial Intelligence (AI) and blockchain-based smart contracts, intersect with well-known substantive and procedural legal frameworks. Applying an extensive doctrinal approach, the analysis considers recent statutory provisions, such as the Mediation Act, 2023, the Digital Personal Data Protection Act, 2023, and the AI Act, as well as international documents, such as the Brussels I Regulation Recast and the New York Convention. Moreover, the report presents a detailed analysis of landmark judicial decisions, especially the fact that the Indian Supreme Court approved emergency arbitral awards in Amazon.com NV Investment Holdings LLC vs. Future Retail Ltd. The results indicate a further conflict between the technological efficiency and the constitutional provisions of natural justice. Although predictive analytics and decentralized justice systems promise unprecedented speed, they also pose significant issues in the form of algorithmic transparency, data sovereignty, and the growing digital divide. This paper finds that to maximize the utility of Algorithmic Dispute Resolution, it is essential to have a harmonized global governance structure that emphasizes the importance of the glass box explainability and human-in-the-loop supervision to maintain procedural fairness during the digital age.

Keywords – Decentralized Justice ,Algorithmic Dispute Resolution,digital facilitation instrument

THE COMMERCIAL EXPLOITATION OF THE PERSONALITY OF ATHLETES IN SPORTS MARKETING

AUTHOR – OJASVI DHAKAR* & DR. KHALEEQ AHMAD**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – OJASVI DHAKAR & DR. KHALEEQ AHMAD A, THE COMMERCIAL EXPLOITATION OF THE PERSONALITY OF ATHLETES IN SPORTS MARKETING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 916-925, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I8100

Abstract

The commercial exploitation of the personality of athletes has emerged as a significant aspect of modern sports marketing. In the contemporary global economy, athletes are no longer viewed merely as participants in sporting events; rather, they have evolved into influential public figures whose names, images, voices, signatures, gestures, and overall identities possess substantial commercial value.^[1] Businesses and multinational corporations increasingly rely on athletes to endorse products, promote brands, attract consumer attention, and enhance market credibility. Through advertising campaigns, sponsorship agreements, merchandising, social media promotions, and digital content, the personality of athletes has become a powerful economic asset.^[2] However, the increasing commercialization of athlete identity has also generated serious legal and ethical concerns. Unauthorized use of an athlete’s likeness, false endorsements, digital manipulation, ambush marketing, and misuse of personality through artificial intelligence or deepfake technologies^[3] raise complex questions relating to privacy, dignity, intellectual property, and economic rights. While several jurisdictions such as the United States recognize the “right of publicity” as an independent legal right,^[4] many countries, including India, continue to rely on fragmented protections under constitutional law, trademark law, copyright law, and common law remedies such as passing off.^[5]

This article critically examines the concept of personality rights of athletes within the framework of sports marketing. It explores the legal nature of commercial identity, the methods through which athlete personalities are monetized, and the challenges posed by unauthorized commercial exploitation.

Keywords: Commercial Exploitation, Sports Marketing, Athlete under Law.

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[1]Mark P. McKenna, “The Right of Publicity and Autonomous Self-Definition,” 67 U. Pitt. L. Rev. 225 (2006).

[2] Jennifer E. Rothman, The Right of Publicity (Harvard Univ. Press, 2018).

[3]Michael Madow, “Private Ownership of Public Image,” 81 Calif. L. Rev. 127 (1993).

[4]Haelan Labs., Inc. v. Topps Chewing Gum, Inc., 202 F.2d 866 (2d Cir. 1953).

[5] Nandita Rao, “Personality Rights in India,” 14 Indian J.L. & Tech. 77 (2022).

LEGAL STATUS OF CRYPTOCURRENCY IN INDIA AND OTHER COUNTRIES

AUTHOR – SOFIA S, STUDENT AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – SOFIA S, LEGAL STATUS OF CRYPTOCURRENCY IN INDIA AND OTHER COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 905-915, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I899

Abstract

Cryptocurrency has emerged as one of the most significant technological and financial innovations of the modern era, fundamentally transforming global financial systems through decentralized blockchain technology. Unlike traditional fiat currencies regulated by central banks, cryptocurrencies operate through peer-to-peer networks without centralized control. While they provide advantages such as transparency, efficiency, global accessibility, and secure transactions, they also raise serious concerns relating to money laundering, cybercrime, tax evasion, financial instability, investor protection, and monetary sovereignty.

This paper examines the legal status of cryptocurrency in India and compares it with regulatory approaches adopted by other countries including the United States, China, Canada, the United Kingdom, Japan, Australia, Singapore, South Korea, Brazil, and the European Union. It analyses the role of the Reserve Bank of India in regulating financial systems and addressing risks posed by private cryptocurrencies. The study highlights the RBI’s cautious approach, including its 2018 circular restricting banking support for cryptocurrency businesses and the landmark decision in Internet and Mobile Association of India v. Reserve Bank of India, where the Supreme Court struck down the circular on grounds of proportionality.

The paper further discusses India’s taxation framework under the Finance Act, 2022, including the 30% tax on crypto gains and 1% TDS provisions, reflecting partial recognition of cryptocurrencies as virtual digital assets without granting them legal tender status. It also examines the RBI’s support for the Central Bank Digital Currency (CBDC), namely the Digital Rupee, as a sovereign alternative to decentralized cryptocurrencies.

Through comparative analysis, the paper identifies major challenges in cryptocurrency regulation such as jurisdictional complexity, cybersecurity risks, market volatility, and regulatory uncertainty. It concludes that India requires a comprehensive and balanced legal framework that promotes innovation while ensuring financial stability, investor protection, anti-money laundering compliance, and effective regulatory coordination among national and international institutions.

DEEPFAKE PORNOGRAPHY AND GENDER-BASED ONLINE VIOLENCE: A CRIMINAL LAW PERSPECTIVE

AUTHOR – KAROLIN C, LL.M (CYBERSPACE LAW AND JUSTICE), SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – KAROLIN C, EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 896-904, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I898

ABSTRACT:

Deepfake pornography is a serious form of online violence against women. It uses intelligence to create fake but realistic sexual videos or images of women and girls without their permission. These fake videos are often shared online to hurt, blackmail or shame the victims causing pain, loss of reputation and health problems. From a law point of view this issue is studied to see how well current laws can deal with it. Most laws on harassment, privacy or revenge porn were made before deepfakes existed. As a result, they often fail to cover videos properly. It’s hard to prove who made the video prove their intention and collect evidence in court. Many victims also face problems because the content spreads quickly across countries.

This paper looks at laws introduced in countries like the United States, United Kingdom, India and the European Union. It examines what works what’s missing and the challenges in catching offenders and holding websites responsible. The study argues that clear specific laws are needed to treat -consensual deepfake pornography as a serious sexual offence. Stronger rules for media platforms quick removal of fake content better police powers and cooperation, between countries are also essential. The main goal should be to protect victims and stop this growing abuse while balancing free speech and privacy rights.

SECURITIZATION STRUCTURES AND FINANCIAL STABILITY

AUTHOR – SWASTI PANDEY, STUDENT AT NALSAR UNIVERSITY OF LAW, HYDERABAD, TELANGANA

BEST CITATION – SWASTI PANDEY, SECURITIZATION STRUCTURES AND FINANCIAL STABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 886-895, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I897

Abstract

Securitization has traditionally acted as a vehicle that distributes credit risk and facilitates balance sheet efficiency in the financial system. In India, securitization has been institutionalized by the SARFAESI Act of 2002, which is based on the transfer of financial assets to asset reconstruction companies. The asset transfer approach helps to align ownership, enforcement, and investment interests, hence promoting transparency and financial stability.

Synthetic securitization, on the other hand, refers to another type of credit risk transfer in which the underlying exposures stay on the balance sheet of the originating entity but the credit risks are transferred using derivatives like credit default swaps. Though synthetic securitizations have been extensively used in several advanced financial markets to improve capital efficiency and diversify risks, there are certain issues concerning complexity, lack of transparency, and capital arbitrage involved in such transactions.

The current paper evaluates the institutional and regulatory status of synthetic securitization from the perspective of financial stability in the Indian financial sector. Synthetic securitization is not part of statutory securitization since the former lacks an asset transfer element, thus making synthetic securitization a form of prudential regulation by the Reserve Bank of India that is skeptical about derivatives-based forms of credit risk transfer.

Through an analysis of the differentiating features between traditional securitization and synthetic securitization, economic logic of securitization, and risks to financial stability from both traditional securitization and synthetic securitization, the current paper seeks to establish that there is a deliberate bias in the Indian legal regime against synthetic securitization in favor of traditional securitization.

Key Words: Securitization, synthetic, RBI, SARFAESI Act, credit default swap.

WOMEN’S RIGHTS AS HUMAN RIGHTS: A CRITICAL ANALYSIS OF GENDER JUSTICE IN INDIA

AUTHOR – SAYANA JOHNSON, LL.M STUDENT AT BHARATA MATA SCHOOL OF LEGAL STUDIES, ALUVA, KERALA, INDIA

BEST CITATION – SAYANA JOHNSON, WOMEN’S RIGHTS AS HUMAN RIGHTS: A CRITICAL ANALYSIS OF GENDER JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 881-885, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I896

ABSTRACT:

Women’s rights are an integral part of human rights and are essential for ensuring equality, dignity, and justice in society. In India, the concept of gender justice is reflected in constitutional principles, legislative measures, and judicial interpretations aimed at protecting women from discrimination and violence. The Constitution guarantees equality before law and prohibits discrimination on the basis of sex under Articles 14, 15, and 21. Various laws, including the Protection of Women from Domestic Violence Act, 2005 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, have been enacted to safeguard women’s rights and promote gender equality.

Despite these legal protections, women in India continue to face social discrimination, violence, workplace inequality, and limited access to justice. This article critically examines the concept of gender justice in India by analysing constitutional provisions, legal frameworks, and contemporary challenges affecting women. It highlights the gap between legal guarantees and social realities and emphasizes the need for effective implementation of laws, gender sensitization, and social reform. The study concludes that true gender justice can be achieved only through both legal protection and societal transformation.

Keywords: Women’s Rights, Human Rights, Gender Justice, Gender Equality

HUMAN RIGHTS OF THE CHILDREN OF WOMEN PRISONERS: A SOCIO-LEGAL STUDY WITH SPECIAL REFERENCE TO THE STATE OF HARYANA

AUTHOR – VIPUL* & PURNIMA TYAGI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – VIPUL & PURNIMA TYAGI, HUMAN RIGHTS OF THE CHILDREN OF WOMEN PRISONERS: A SOCIO-LEGAL STUDY WITH SPECIAL REFERENCE TO THE STATE OF HARYANA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 874-880, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The children born to or residing with incarcerated mothers represent one of the most disadvantaged and underserved constituencies in the criminal justice ecosystem. This paper endeavours to conduct an all-encompassing socio-legal investigation of the human rights of the children of women prisoners, chiefly the prisons and the socio-legal milieu of the State of Haryana in India. Using the United Nations Convention on the Rights of the Child (UNCRC, 1989), the Bangkok Rules 2010, the constitutional framework of India and relevant statutes such as the Prisons Act, 1894, Juvenile Justice (care and protection of children) Act, 2015 and Model Prison Manual, 2016, the study finds these children experience a wide range of rights violations from right to identity, education, health, right not to be discriminated and right to family. The writer integrates observations made during an empirical study of certain district jails in Haryana and a secondary jurisprudential analysis to show the glaring gaps in implementation of policy, infrastructure and legal protection. The research offers tips for legislative reform, institutional accountability, child-centred approaches to prison administration.

Keywords: Children of prisoners, women in prison, human rights, Haryana prisons, UNCRC, Bangkok Rules, child welfare, prison reforms, juvenile justice, India.