Author: PRASANNASRI26092001

MISUSE OF WOMEN PROTECTION LAWS AGAINST MEN IN INDIA: AN ANALYSIS OF CAUSES, CONSEQUENCES, AND REMEDIES

AUTHOR – MANSI SINGH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – MANSI SINGH, MISUSE OF WOMEN PROTECTION LAWS AGAINST MEN IN INDIA: AN ANALYSIS OF CAUSES, CONSEQUENCES, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 201-206, 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 enactment of women protection laws in India marked a significant milestone in combating gender-based violence and systemic discrimination. However, recent legal, social, and empirical studies have revealed growing concerns regarding the misuse of these protective statutes against men. This article explores the causes, consequences, and potential remedies concerning the exploitation of key legislations, including Section 498A of the Indian Penal Code, 1860 ^[1](now Section 85 of the Bharatiya Nyaya Sanhita, 2023^[2]), the Protection of Women from Domestic Violence Act, 2005^[3], and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013^[4]. It examines landmark judicial decisions acknowledging misuse, analyses the psychological, social, and economic impacts on falsely accused men, and evaluates current socio-legal frameworks. Through a critical assessment of national crime data, existing literature, and judicial interventions, the article identifies recurring patterns of false accusations and their devastating consequences. Moreover, the study proposes comprehensive legal reforms such as mandatory preliminary inquiries, penal provisions against false complaints, the establishment of Family Welfare Committees, and the adoption of gender-neutral statutes. This article argues for a balanced legal approach that preserves the core objective of protecting genuine victims while instituting safeguards to prevent the misuse of laws. A recalibrated system that guarantees fairness to all genders is essential for upholding the constitutional principles of equality and justice.

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[1] The Indian Penal Code, 1860 (Second Amendment Act of 1983), s. 498A.

[2] Bharatiya Nyaya Sanhita, 2023, s. 85.

[3] The Protection of Women from Domestic Violence Act, 2005.

[4] Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS

AUTHOR – S.KIRUTHIGA DEVI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S.KIRUTHIGA DEVI, A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 303-309, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

In ancient India, transgender individuals were recognized as “Hijras” and also referred to as the Third gender and held a respected position in the society even sacred texts like the Ramayana and Mahabharata acknowledged and honored them. The respect for transgender individuals has drastically declined over time, particularly in matters of property rights. Nowadays, Many transgender individuals are abandoned and left vulnerable, often becoming “homeless”. This puts them in a critical situation where they face insults and discrimination. Inheritance laws, predominantly shaped by personal laws, frequently overlook transgender rights or outright deny them the entitlement to ancestral property. The personal laws classify individuals strictly as either male or female as a result, transgender individuals must align themselves with one of these categories to be recognized under inheritance laws. Beyond excluding transgender individuals from inheritance laws, the broader property rights framework presents significant challenges. Identifying legal successors is often difficult, as transgender individuals may lack proper documentation, face barriers to marriage, or struggle to prove adoption. These challenges create legal hurdles and undermine their inheritance rights by denying them the protections typically granted to other citizens. The Hindu Succession Act, which governs inheritance for Hindus, Jains, Sikhs, and Buddhists, lacks explicit recognition of transgender individuals, potentially leading to complexities in inheritance disputes. NALSA vs. Union of India^[1] considered to be a pivotal case conferred legal recognition upon transgender individuals as a third gender, affirming their rights to property ownership and inheritance. However, persistent social stigma restricts their practical access to these entitlements. Strengthening transgender inheritance rights through clear legal frameworks and ensuring equitable access to housing and land ownership are essential legislative steps toward fostering an inclusive society and upholding respect for transgender individuals. This research paper explores the historical evolution of transgender rights, focusing on property ownership, inheritance, and legal recognition.

Key Words:  Transgender, ownership, inheritance, property rights, social stigma, legal      Recognition

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[1] AIR 2014 SC 1863

BALANCING PUBLIC PURPOSE AND PRIVATE PROPERTY: A LEGAL AND POLICY ANALYSIS OF PROPERTY OWNERS ASSOCIATION V. STATE OF MAHARASHTRA

AUTHOR – S.KIRUTHIGA DEVI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S.KIRUTHIGA DEVI, BALANCING PUBLIC PURPOSE AND PRIVATE PROPERTY: A LEGAL AND POLICY ANALYSIS OF PROPERTY OWNERS ASSOCIATION V. STATE OF MAHARASHTRA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 297-302, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The conflict between individual rights to private property and the State’s authority to regulate land for public purposes remains a critical concern in Indian constitutional and property law. This paper examines the legal and policy dynamics between Property Owners’ Associations and the State of Maharashtra, with a focus on regulatory takings, development control rules, and urban planning frameworks. Concerning landmark judgments and statutory interpretations, the paper highlights the growing tensions in balancing the collective public good and constitutional guarantees under Article 300A. The intersection of private property rights and the state’s power of eminent domain has long been a contentious issue in Indian constitutional law. The case of Property Owners Association v. State of Maharashtra brings this conflict into sharp focus, offering a lens through which to examine the constitutional, legal, and policy dimensions of land acquisition for public purposes. This paper critically evaluates the background, legal arguments, judicial reasoning, and broader implications of the case. It also considers the balance between individual rights and collective welfare in the context of urban development and infrastructure expansion. By engaging with comparative jurisprudence, analyzing legal doctrines, and considering practical policy implications, this research aims to provide a nuanced understanding of the tension between public interest and private ownership.

Keywords: Eminent domain, public purpose, private property, constitutional law, urban development, land acquisition, Maharashtra

ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS

AUTHOR – PAVITHRA S* & DR.P.BRINDA**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR, AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – PAVITHRA S & DR.P.BRINDA, ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 291-296, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

               The protection and promotion of women’s property rights in India have undergone a significant transformation through judicial interpretation and constitutional advocacy. This study examines the pivotal role played by the Constitutional Courts particularly the Supreme Court and various High Courts, in safeguarding and advancing women’s rights to property under the Indian legal framework. Drawing landmark judgments of Supreme courts and various High Courts, this paper explores how judicial pronouncements have progressively interpreted provisions of the Constitution and personal laws to ensure gender justice. The analysis highlights the interplay between constitutional mandates of equality and non-discrimination (Articles 14, 15, and 21 of Indian Constitution) and the evolving jurisprudence on property rights, especially in the Hindu Succession law and other customary laws. By focusing on case studies, the research demonstrates how constitutional courts have not only rectified historical injustices but also established precedents that strengthen women’s legal and social standing in matters of inheritance and ownership. The paper concludes by reflecting on the continuing challenges and the need for judicial vigilance to uphold and expand women’s property rights in India.

KEYWORDS – Women’s property rights, Constitutional Courts, Supreme Courts, High Courts, Gender Justice, Equality, Non-discrimination, Hindu Succession, Judicial Vigilance.

SPACE DEBRIS AND MANAGEMENT: A LEGAL STUDY WITH SPECIAL HEED TO DEBRIS MITIGATION

AUTHOR – NAVIT VERMA* & DR. BHAWNA ARORA**

* BBA-LLB (HONS.), 5^TH YEAR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY,  DEHRADUN,  UTTARAKHAND, INDIA.

**ASSOCIATE PROFESSOR (LAW), LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA.

BEST CITATION – NAVIT VERMA & DR. BHAWNA ARORA, SPACE DEBRIS AND MANAGEMENT: A LEGAL STUDY WITH SPECIAL HEED TO DEBRIS MITIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 282-290, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Space debris, conforming of defunct satellites, spent rocket stages, and fractions from collisions or decomposition, has become a growing concern for space operations. As the number of space operations increases, so does the number of debris in Earth’s route, raising the threat of inter-collisions that could peril both the being and unborn space conditioning. This article intends to explore the origins, current status, and implicit hazards associated with space debris, emphasizing the critical need for effective operation strategies. From enlisting the various cornerstone and fundamental framework and the articles within it examines both preventative and remedial approaches, including bettered satellite design, compliance with end- of- life disposal guidelines, and the development of active debris junking technologies.  Space Debris Mitigation is a crucial and regenerating part of the issue. The article also pays heed on the part of trans-national collaboration and non-supervisor sweats in addressing this global issue. By assessing current challenges and arising results, the study underscores the significance of timely and coordinated action to insure the long- term sustainability of external and outer space. The article also focuses on the future and upcoming trends in the field of debris management. Managing space debris isn’t only a specialized imperative but also a strategic and ethical responsibility participated by all spacefaring nations and associations including the private entities.

Keywords: Space Debris, Inter-Collisions, Space Conditioning, Cornerstone & Fundamental Framework, Preventive & Remedial Approaches, Active Debris Junking, Space Debris Mitigation, Trans-National collaboration, Ethical Responsibility, Space Faring Nations.

MERGERS AND ACQUISITIONS IN THE INDIAN TECHNOLOGY SECTOR: REGULATORY ISSUES AND CHALLENGES

AUTHOR – ARYAN CHATURVEDI, AMITY LAW SCHOOL NOIDA

BEST CITATION – ARYAN CHATURVEDI, MERGERS AND ACQUISITIONS IN THE INDIAN TECHNOLOGY SECTOR: REGULATORY ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 271-281, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian technology sector has emerged as a key driver of economic growth and innovation, attracting significant investment and strategic interest both domestically and globally. In this context, mergers and acquisitions (M&A) have become instrumental in reshaping the competitive landscape, enabling firms to scale operations, access new markets, and enhance technological capabilities. However, the regulatory environment governing M&A activity in India presents a complex array of challenges. This dissertation critically examines the legal, procedural, and policy-related dimensions of M&A in the Indian technology sector. It analyzes the role of key regulatory bodies such as the Competition Commission of India (CCI), the Securities and Exchange Board of India (SEBI), and the Reserve Bank of India (RBI), alongside sector-specific considerations under the Companies Act, 2013 and the Foreign Exchange Management Act (FEMA), 1999. The study further explores emerging concerns around data privacy, cross-border transactions, and antitrust scrutiny in the digital economy. Through case law analysis, industry data, and comparative insights, the research identifies existing gaps and ambiguities in the regulatory framework, proposing recommendations to ensure a more efficient, transparent, and innovation-friendly M&A regime in India’s rapidly evolving technology ecosystem.

THE COMMERCIALIZATION OF SURROGACY IN INDIA: A LEGAL AND ETHICAL CRITIQUE

AUTHOR – RAJAREEGA ACHARIAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – RAJAREEGA ACHARIAN, THE COMMERCIALIZATION OF SURROGACY IN INDIA: A LEGAL AND ETHICAL CRITIQUE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 198-200, 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).

I. Introduction

Surrogacy, a method of assisted reproduction, has evolved into a contentious socio-legal issue in India. Initially practiced informally, India emerged as a global hub for commercial surrogacy, attracting commissioning parents from across the world. This proliferation raised significant concerns about the ethical and legal implications of treating reproduction as a market commodity. With India’s lack of regulation, surrogate mothers were often poor women coerced into renting their wombs under exploitative conditions. The enactment of the Surrogacy (Regulation) Act, 2021, aims to curb such commercialization by promoting altruistic surrogacy. However, critiques persist regarding its implementation, oversight, and ethical consistency.

Hypothesis:

Despite regulatory measures, surrogacy in India perpetuates commercialization and commodification of women’s reproductive abilities, leading to ethical and legal violations.

WATER PREVENTION ACT

AUTHOR – NOMAN MUKHTAR KHAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – NOMAN MUKHTAR KHAN, WATER PREVENTION ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 193-197, 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).

Introduction :

1.1 Introduction to the Water (Prevention and Control of Pollution) Act, 1974

^[1]The Water (Prevention and Control of Pollution) Act, 1974. Was to prevent and the first enactment of the parliament ( govt. of India ) with the first primary object of securing and preventing and regulating & controlling water pollution and maintaining & restoring the wholesomeness of  water. Whether, this Act was presents one of the first efforts by the indian govt. to securing over the environment , especially groundwater contamination of the water bodies due to liberalisation, urbanization, and industrialization and population growth. It is also the first legislation which gives particularly and specific power to the regulatory bodies to controlling water pollutions.^[2] As a result of this enactment the Act, the pollutions control board of the state and the centeral came into force . this Act gives one of the most important powers to the State Board for controlling pollution and preventing water bodies as mention under section 25 of this Act. Which says that,” No person can establish or use new outlets for sewage/trade effluent discharge, or begin a new discharge without the State Board’s prior consent”. It gives the powers to the State Board to statutory authority/bodies new outlets &  new discharge takes actions with notice to any unauthorized new outlets.

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[1] “Indianjournals.Com/Ijor.Aspx?Target=ijor:Ijpss&volume=2&issue=6&article=040.”

[2] Civil Engineering Department, Maharishi Dayanand University, Rohtak-124001, Haryana, India, Rathee, and Mishra, “Water Policies in India.”

POSTHUMAN LEGAL RIGHTS

AUTHOR – KRISHA THAKKAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – KRISHA THAKKAR, POSTHUMAN LEGAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 181-192, 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).

Chapter 1: Introduction

1.1 Background and Rationale

With fast growth in technology, the line between humans and non-humans is not so clear anymore. Post-human beings like AIs, humans with machine parts, and made-from-scratch life forms are no longer just imaginary. With progress in artificial intelligence, cybernetics, and bio-engineering, these beings could soon have powers equal or even stronger than humans—like thinking on their own, being aware, and making choices.

ORGANISED CRIMES AND ANTI-MAFIA LEGISLATION

AUTHOR – SHIV RAJ A S, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SHIV RAJ A S, ORGANISED CRIMES AND ANTI-MAFIA LEGISLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 173-180, 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).

Research methodology

This research primarily follows the doctrinal research method, which involves national laws, international statistics and relevant academic writings. It also uses a comparative approach by examining how organised crimes are prevalent in different parts of the world and how they are tackled by different countries like India, United States, Japan, China, Colombia etc. Since this research paper gives a general outlook about the organised crimes in the world, case laws will not be mentioned. The statistical data and academic writing are given the utmost importance.