Author: PRASANNASRI26092001

WILDLIFE TRAFFICKING : A CRIMINAL LAW PERSPECTIVE

AUTHOR – NEHA GHUGTYAL* & DR. BHAWNA ARORA**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSOCIATE PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – NEHA GHUGTYAL & DR. BHAWNA ARORA, WILDLIFE TRAFFICKING : A CRIMINAL LAW PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 225-232, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Wildlife trafficking has evolved into one of the most lucrative forms of transnational organized crime, posing severe threats to biodiversity, national security, and the rule of law. This study examines wildlife trafficking through the lens of organized crime and criminal law, highlighting the complex, structured networks that facilitate the illegal trade in flora and fauna. By analyzing national and international legal frameworks—including the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the United Nations Convention against Transnational Organized Crime (UNTOC), and domestic penal laws—this research underscores the gaps and limitations in current enforcement mechanisms. The paper also explores how existing criminal law tools, such as asset forfeiture, conspiracy provisions, and anti-money laundering laws, can be leveraged to dismantle criminal syndicates involved in wildlife trafficking. The study concludes with recommendations for strengthening legal responses, enhancing interagency cooperation, and promoting a paradigm shift that treats wildlife trafficking not merely as an environmental offense, but as a serious organized crime demanding robust legal intervention.

INVESTMENT ARBITRATION: A COMPARATIVE STUDY OF CHALLENGES AND PROSPECTS WITH SPECIAL REFERENCE TO INDIA

AUTHOR – MEET BHALLA* & ASST. PROF. SACHIN KUMAR**

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

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

BEST CITATION – MEET BHALLA & ASST. PROF. SACHIN KUMAR, INVESTMENT ARBITRATION: A COMPARATIVE STUDY OF CHALLENGES AND PROSPECTS WITH SPECIAL REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 218-224, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

As a main approach for solving disputes between foreign investors and host states, investment arbitration is now prominent under Bilateral Investment Treaties (BITS) and International Investment Agreements (IIAs). Although the system has benefits including impartial status, the enforcement of arbitral decisions and protection for foreign investors, it is now being looked at closely for not being clear, expensive for many, full of delays and inconsistent in certain rulings. Changes in how states and their regulators act have resulted in international changes.

The way India has developed in investment arbitration deserves notice, with many significant disputes and a significant change in approach shown by its Model BIT from 2016. This piece evaluates and compares investment dispute resolution rules in the EU, the US and Latin America, in comparison with ongoing developments in India. The study discusses the issues generated by ISDS, what India did to address them by terminating BITs and seeking new agreements and what this means for its investment climate.

As a result, the paper offers ideas for future actions and proposes steps to align investor support with the country’s needs such as creating strong bilateral treaties, building domestic capacity and increasing transparency. Keywords: Investment Arbitration, Investor- State Dispute Settlement, Bilateral

CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA

AUTHOR – PURVAANSHI SINGH, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – PURVAANSHI SINGH, CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 211-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the constitutional frameworks for emergency powers in three democratic nations: India, the United States, and Canada. Each country’s approach to emergency powers is distinct, shaped by its historical context, legal traditions, and institutional structures. In India, emergency powers are codified in the Constitution, specifically under Articles 352 to 360, which outline the procedures for national, state, and financial emergencies. However, the Indian experience, particularly during the 1975 Emergency, highlights the risks of political misuse when safeguards are weak or overlooked. The United States, on the other hand, lacks explicit constitutional provisions for emergencies, relying on statutory laws like the National Emergencies Act (1976) and the International Emergency Economic Powers Act (1977) to grant broad executive powers. The U.S. model is characterized by flexibility but raises concerns about the concentration of power in the executive branch. Canada’s approach, encapsulated in the Emergencies Act (1988), evolved from the controversial War Measures Act (1914), offering a more structured framework with clear limits, judicial oversight, and parliamentary review. The paper examines how each nation’s emergency powers balance the tension between state security and individual rights, assessing the effectiveness of legal safeguards against the abuse of power. By comparing the constitutional provisions in India, the USA, and Canada, this study provides insights into the challenges and opportunities of maintaining constitutional governance during crises, offering recommendations for future legal reforms.

ENVIRONMENTAL POLICY AND REGULATORY FRAMEWORK

AUTHOR – SHIVIKA DUTT* & ASHOK DOBHAL**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – SHIVIKA DUTT & ASHOK DOBHAL, ENVIRONMENTAL POLICY AND REGULATORY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 201-210, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Environmental policies in India have undergone significant evolution over the years to address the complex challenges posed by rapid industrialization, urbanization, and population growth. This abstract explores the key dimensions of India’s environmental policies, focusing on their development, implementation, and impact. India’s journey in environmental governance began with the establishment of the Ministry of Environment and Forests in 1985, marking a pivotal moment in the nation’s commitment to sustainable development. Over time, a series of legislations, including the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act and the National Environment Policy, have shaped the regulatory framework. Despite commendable strides, challenges persist in enforcement, monitoring and publicawareness.Theabstractdelvesintotheroleofvariousstakeholders,includinggovernment agencies, industries, and civil society, in shaping and influencing environmental policies. It also examines the incorporation of international agreements and technological advancements in India’s approach to environmental conservation. The effectiveness of these policies in mitigating environmental degradation,promotingrenewableenergy, andfosteringbiodiversityconservation is evaluated. By analyzing the strengths and weaknesses of India’s environmental policies, this abstract provides insights into the ongoing efforts to strike a balance between economic growth and ecological sustainability

“JUSTICE AND EQUITY IN INDIAN HIGHER EDUCATION: A CONSTITUTIONAL REFORM AGENDA“

AUTHOR – REENU DIPTA, RESEARCH SCHOLAR, K R MANGALAM UNIVERSITY, SOHANA ROAD, GURUGRAM, HARYANA.

BEST CITATION – REENU DIPTA, “JUSTICE AND EQUITY IN INDIAN HIGHER EDUCATION: A CONSTITUTIONAL REFORM AGENDA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 195-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s higher‑education landscape, though the world’s third largest, remains marred by stark socio‑economic, regional and caste‑based inequities. This article argues that incremental policy tweaks are no longer sufficient; a constitutional overhaul is needed to guarantee justice and equity in access, quality and outcomes. After tracing the historical expansion of universities and examining constitutional provisions that currently stop at elementary education, the paper details persistent gaps in gross‑enrolment ratios, representation of marginalised groups, urban‑rural divides, and the unchecked commercialisation of private institutions. It then proposes constitutional reforms. Anchoring these reforms in the Constitution, the paper contends, would create justiciable obligations that compel the State to act, curtail profiteering, and align national development with the constitutional ideals of equality, justice and fraternity. Drawing on comparative insights from jurisdictions where higher education is constitutionally protected the paper advances a rights‑based blueprint that would elevate higher education to a justiciable entitlement, recalibrate public‑funding obligations, and impose transparent, equity‑centred duties on all providers, public or private. By hard‑wiring enforceable equity benchmarks into the constitutional fabric, India can move beyond enrolment targets toward genuine inclusion, quality improvement and social mobility. Such a recalibration is critical if the country is to leverage its demographic dividend, nurture innovation‑led growth, and realise the constitutional ideals of equality, fraternity and social justice envisioned by the framers.

Keywords : Higher education reform, Constitutional amendment, Equity and inclusion, Fundamental right to education , Educational institutions.

NAVIGATING ENVIRONMENTAL JUSTICE: THE ROLE OF LAW AND COMMUNITY ENGAGEMENT IN PROTECTING VULNERABLE POPULATIONS AND PROMOTING SUSTAINABLE DEVELOPMENT

AUTHOR – SWAPNIL SRIVASTAVA* & NIKUNJ SINGH YADAV**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – SWAPNIL SRIVASTAVA & NIKUNJ SINGH YADAV, NAVIGATING ENVIRONMENTAL JUSTICE: THE ROLE OF LAW AND COMMUNITY ENGAGEMENT IN PROTECTING VULNERABLE POPULATIONS AND PROMOTING SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 186-194, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research explores the critical intersection of environmental justice, legal frameworks, and community engagement in safeguarding vulnerable populations from environmental hazards while promoting sustainable development. It examines how laws at various governance levels serve as tools for protecting marginalized communities from environmental degradation, ensuring equitable access to natural resources, and enabling legal recourse against polluters. Furthermore, the study highlights the vital role that community engagement plays in sustainable development, showcasing how local knowledge, participatory governance, and grassroots advocacy contribute to resilience and equitable resource management. By incorporating interdisciplinary approaches and examining the interplay between policy, social movements, and economic factors, this research reveals how systemic inequalities can be addressed through targeted legal reforms. Through case studies and qualitative analysis, the research aims to identify best practices that empower communities and leverage legal protections to foster a more just and sustainable future. Ultimately, this work underscores the necessity of integrating legal frameworks and community initiatives to address environmental injustices and achieve sustainable development goals, advocating for a collaborative approach that prioritizes the voices and rights of vulnerable populations.

Key Words: Pollution, Marginalised Communities, Environmental Legislation, Sustainable Development

A TUSSLE BETWEEN GAME OF SKILL AND GAME OF CHANCE

AUTHOR – MR. CHIRAG DAVE* & DR. ATUL MORE**

* ADVOCATE AND SCHOLAR FROM DEPARTMENT OF LAW, SAVITRIBAI PHULE PUNE UNIVERSITY

** PROFESSOR AT SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MR. CHIRAG DAVE & DR. ATUL MORE, A TUSSLE BETWEEN GAME OF SKILL AND GAME OF CHANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 180-185, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The online gaming industry is growing at a tremendous pace and with the evolution of fantasy sports games, the online gaming industry has become more popular. With the growth of the industry there are growing concerns pertaining to the privacy issues, security concerns, ethical practices, addictions among youths, etc. The platforms that provide such fantasy sports generally allows the players to have multiple teams so as to eliminate their risk of losing and this increases their ‘chance’ of winning big money. The ‘skill’, so to speak—primarily lies with the app developers and platform owners, who capitalize on this by charging users various fees under the guise of platform or service charges. In many cases, they generate substantial revenue not necessarily from the core value of the service itself, but by acting as gatekeepers and intermediaries between the service providers and end users. The Supreme Court and various High Courts have permitted various online fantasy games as games of skill. However, there is an urgent need for a comprehensive framework to regulate the gaming industry. This paper analyses the difference between the game of skill and game of chance and also discusses the role of various voluntary organizations promoting the gaming industry. 

Key Words: Fantasy online games, game of sill, game of chance, gaming laws.

AN CRITICAL ANALYSIS ON CREDITORS LEGAL RIGHTS UNDER IBC,2016

AUTHOR  – SANJAIRAAJ.A.S, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS), SAVEETHA UNIVERSITY, CHENNAI-600077

BEST CITATION – SANJAIRAAJ.A.S, AN CRITICAL ANALYSIS ON CREDITORS LEGAL RIGHTS UNDER IBC,2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 163-179, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The Insolvency and Bankruptcy Code (IBC), 2016, is a landmark reform in India’s legal and economic landscape, designed to address the longstanding issues of debt recovery and insolvency resolution. This research critically analyzes the legal rights of creditors under the IBC, focusing on the mechanisms that empower them to initiate insolvency proceedings and secure their dues. It explores the operational dynamics between financial and operational creditors, examining the implications of the priority given to different classes of creditors in the distribution of proceeds from insolvency resolution or liquidation. The study also scrutinizes the role of the Committee of Creditors (CoC), particularly the extent of its powers in decision-making during the Corporate Insolvency Resolution Process (CIRP). The research method followed here is empirical research. The sample size of 221 samples have been taken out of which is taken through convenient sampling. The sampling frame taken by the researcher using the google forms in and around Chennai. The independent variables used are age, gender, educational qualification, Income and Marital status. The dependent variables used are the primary objective of the Insolvency and Bankruptcy code(IBC) the transparency and accountability of the insolvency resolution process as mandated by IBC 2016.The statistical tools used in the research were simple bar charts and chi Square test.

KEYWORDS: Creditors rights, Financial Creditors, Operational Creditors, Insolvency and Bankruptcy Code (IBC) ,Debtor.

JUDICIAL INTERVENTION IN ARBITRAL AWARDS: UNDERSTANDING GAYATRI BALASAMY AND THE BOUNDARIES OF MODIFICATION

AUTHOR – ARYAN SAGAR DIXIT & KAUSTUBH KUWAR, STUDENTS AT ILS LAW COLLEGE, PUNE

BEST CITATION – ARYAN SAGAR DIXIT & KAUSTUBH KUWAR, JUDICIAL INTERVENTION IN ARBITRAL AWARDS: UNDERSTANDING GAYATRI BALASAMY AND THE BOUNDARIES OF MODIFICATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 150-162, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT –

The modification of arbitral awards by Indian courts presents a doctrinal ambiguity in arbitration jurisprudence. While the Arbitration and Conciliation Act, 1996 does not explicitly grant courts the power to modify awards, judicial interpretations have evolved to accommodate limited interventions. Historically, the Arbitration Act of 1940 provided express statutory grounds for modification, but this provision was omitted in the 1996 Act, aligning India’s arbitration framework with the UNCITRAL Model Law. However, the Supreme Court, in Gayatri Balasamy v. Novasoft Technologies Ltd., established that courts can exercise a limited power to modify awards, particularly when correcting computational, clerical, or procedural errors. This paper critically examines the status quo of judicial reasoning on arbitral award modification, addressing the implications of Gayatri Balasamy and contrasting India’s approach with the legislative frameworks of Singapore and the United Kingdom, which explicitly allow judicial modification. The paper further analyses the role of Article 142 of the Constitution in enabling judicial interventions, the challenges posed to finality and party autonomy, and the broader consequences for India’s arbitration landscape.

CRITICAL ANALYSIS OF DIGITAL PERSONAL DATA PROTECTION ACT IN RELATION TO SOCIAL MEDIA DATA AGGREGATION

AUTHOR –ROHITA BOSE* & ASST.PROF RAMAKANT TRIPATHI**

* STUDENT AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN / UTTARANCHAL UNIVERSITY

BEST CITATION – ROHITA BOSE & ASST.PROF RAMAKANT TRIPATHI, CRITICAL ANALYSIS OF DIGITAL PERSONAL DATA PROTECTION ACT IN RELATION TO SOCIAL MEDIA DATA AGGREGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 142-149, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An unprecedented digital data boom and unrelenting technical innovation have made protecting personal data a top priority for people, businesses, and governments around the world. There has been discussion on how social media affects people’s right to privacy. Due to global digitisation, especially in India, the significance of data protection has increased to previously unthinkable heights in recent decades.Since the dawn of human civilisation, the concept of “privacy” has existed. However, privacy could be difficult to comprehend.Scholars cannot agree on a single definition of “privacy” because the concept changes with society. The concept of the right to privacy has evolved over time to encompass rights that have arisen throughout human history, such as the right to anonymity or the right to privacy. This freedom must be safeguarded because digital media is so prevalent in today’s society. The Digital Personal Data Protection Act, 2023, is significant because it empowers people and protects their rights by establishing guidelines for the appropriate handling of personal data. The main objective of the DPDP Act is to increase the standard of accountability and responsibility for companies that are subject to Indian law, such as internet service providers, mobile applications, and companies that gather, store, and alter personal data. By emphasising the preservation of the “Right to Privacy,” this law seeks to guarantee that these organisations function transparently and are held responsible for how they use personal information, thus placing a high premium on individual rights to privacy and data security.Thus, examining the Digital Data Protection Act of 2023 from a privacy perspective is pertinent.

KEYWORDS– Data protection, privacy, social media, digital data