Author: PRASANNASRI26092001

  • “MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”

    “MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”

    AUTHOR – AKASH KUMAR ARYA* & DR. VIKRAM KARUNA**

    * POST-GRADUATION RESEARCH SCHOLAR AT GAUTAM BUDDHA UNIVERSITY

    ** ASSISTANT PROFESSOR AT GAUTAM BUDDHA UNIVERSITY

    BEST CITATION – AKASH KUMAR ARYA & DR. VIKRAM KARUNA, “MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 832-844, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    The profession of manual scavenging has existed since the dawn of human civilisation. In addition to being barbaric, the inhumane practice of manually removing night soil—which entails removing human waste from dry toilets using bare hands, brooms, or metal scrappers—and transporting waste and baskets to disposal sites is arguably the worst violation of human rights. Numerous laws were passed in order to guarantee an equitable and casteless society, but the scavenging communities’ living conditions have remained appalling. Ironically, the Indian government only passed legislation specifically prohibiting the cruel and degrading practice of manual scavenging in 1993 and 2013, after decades of independence. This essay discusses the origins of manual scavenging and any comparable activities that may exist worldwide. This paper’s analysis of the statutory framework is another component.

    administrative plans, court rulings, and remedial actions (problems and worries). In summary, this paper aims to critically analyse the proper regime of manual scavengers in light of the state’s failure to protect the scavenging community’s rights and the role of state instruments as violators. Furthermore, this paper will propose corrective actions and forward-thinking measures to integrate the scavenger community into our nation and significantly contribute to its development.

    Linking MNREGA and other social security schemes with the Scavenging Act of 2013 Effective coordination among public and private authorities Community initiatives Responsibility of railways Sanitation programmes and awareness National level monitoring system and social audit Role of local authorities Legislative and executive will.

  • DIGITAL ECONOMY AND TAXATION

    DIGITAL ECONOMY AND TAXATION

    AUTHOR – YATIN BANSAL, STUDENT AT AMITY LAW SCHOOL

    BEST CITATION – YATIN BANSAL, DIGITAL ECONOMY AND TAXATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 824-831, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The rapid expansion of the digital economy has fundamentally altered global commerce, challenging traditional taxation frameworks that rely on physical presence and source-based taxation. Digital businesses, including multinational technology firms, operate across multiple jurisdictions without a significant physical footprint, making it difficult for tax authorities to allocate taxing rights effectively[1]. As a result, international tax laws have struggled to adapt to new business models, leading to concerns over tax avoidance, base erosion, and profit shifting (BEPS). In response, global institutions such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations (UN) have introduced various initiatives, including the OECD’s two-pillar solution, to address the challenges of taxing the digital economy[2].

    The OECD’s two-pillar approach aims to establish new profit allocation rules and a global minimum tax rate, ensuring a more equitable distribution of tax revenues among jurisdictions. However, the implementation of digital services taxes (DSTs) by individual nations has sparked tensions, particularly between developed and developing economies, due to concerns over trade retaliation and compliance burdens[3]. Developing countries argue that current global tax reforms disproportionately benefit wealthier nations, limiting their ability to tax digital transactions effectively. As the digital economy continues to evolve, achieving a consensus on international taxation remains a complex yet critical task for ensuring tax fairness and economic stability[4].


    [1] OECD “Addressing the Tax Challenges Arising from the Digitalisation of the Economy”, 2021

    [2] United Nations “Taxation of the Digital Economy: Options for Developing Countries”, 2022

    [3] IMF “Corporate Taxation in the Global Digital Economy”, 2020

    [4] European Commission “Digital Taxation in the EU: Policy Proposals and Challenges”, 2021.

  • TECHNOLOGY AND HUMAN RIGHTS

    TECHNOLOGY AND HUMAN RIGHTS

    AUTHOR – SIVARAMAKRISHNAN K, STUDENT AT MANIPAL UNIVERSITY

    BEST CITATION – SIVARAMAKRISHNAN K, TECHNOLOGY AND HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 821-823, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The advancement of technology fulfils human desires that go beyond basic needs, serving as a significant aid to humanity. Innovations in technology have alleviated the burden of labour and have gained widespread acceptance. Throughout this evolution, social democracy has emerged as the most favourable outcome of both the Industrial Revolution and the technological revolution of artificial intelligence. The various uses of technology raise important questions about justice, particularly concerning the value, dignity, and rights of human beings. For instance, if Sophia, an artificial intelligence robot, is granted citizenship in Saudi Arabia that is equal to that of a real human, it challenges traditional concepts of work. The efficiency and accuracy of human labour are increasingly tested by artificial machines, leading to disputes over accountability in workplaces that blend human and machine efforts.

    Keywords: Artificial intelligence, Jurisprudence, Accountability, Human rights.

  • INDIA’S EVOLVING ROLE IN GLOBAL GOVERNANCE AND THE SHAPING OF INTERNATIONAL LAW

    INDIA’S EVOLVING ROLE IN GLOBAL GOVERNANCE AND THE SHAPING OF INTERNATIONAL LAW

    AUTHOR – AARNAV SINGH CHUGH, STUDENT AT AMITY LAW SCHOOL, NOIDA, UP, INDIA

    BEST CITATION – AARNAV SINGH CHUGH, INDIA’S EVOLVING ROLE IN GLOBAL GOVERNANCE AND THE SHAPING OF INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 805-820, APIS – 3920 – 0001 & ISSN – 2583-2344.

    INTRODUCTION

    Background on Glb. Governance and Int. Law

    Glb. governance refers to the intricate and evolving network of formal and informal rules, norms, institutions, and actors that collectively manage complex transboundary issues in the absence of a centralized Glb. authority or world government. It embodies a diverse and dynamic process, encompassing the activities not only of Int. organizations (IOs) like the UN., the World Trade Organization (WTO), the World Health Organization (WHO), and the Int. Monetary Fund (IMF), but also a broad range of other stakeholders. These include sovereign states, non-governmental organizations (NGOs), multinational corporations, regional bodies, advocacy networks, and various other non-state actors that collaborate, negotiate, compete, and coordinate to address shared Glb. challenges[1].


    [1] Cht. of the UN.s and Statute of the Int. Court of Justice, available at https://www.un.org/en/about-us/un-charter, (Last visited, 10th Jan 2025)

  • AN ANALYSE ON SCAMS IN ONLINE GAMES

    AN ANALYSE ON SCAMS IN ONLINE GAMES

    AUTHOR – VARSHA.R, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE

    BEST CITATION – VARSHA.R, AN ANALYSE ON SCAMS IN ONLINE GAMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 798-804, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

                 The growth of online gaming has made immense enjoyment to millions, but it has also paved the way for scams and deceptive practices. Scammers frequently manipulate players by exploiting vulnerabilities and player behavior by taking personal information in online gaming platforms. The impact of these scams is significant on causing financial loss, hacking personal data, lead to depression and other mental health problems.

    It further explores psychological and social factors influencing susceptibility, such as trust, social engineering tactics, and demographic characteristics. The study also evaluates the effectiveness of existing security measures and reporting mechanisms within popular gaming platforms. Findings highlight a pressing need for improved digital literacy, proactive moderation, and user-centered security design. The paper concludes with practical recommendations for game developers, educators, and policymakers aimed at reducing scam-related risks and fostering safer online gaming communities. This paper examines the different types of scams in online games, how scammers operate, and the harm they cause to both players and the gaming community.

    KEY WORDS: Online Gaming, Scams, Fraud, Social Engineering, Phishing, Account Hijacking, In-game Trades, Fake Giveaways, Pay-to-win Scams, Cyber security, Gaming Economy, Digital Assets, Player Safety, Regulatory Interventions.

  • IMPACT OF THE NATIONAL SECURITY ACT ON FREEDOM OF SPEECH AND EXPRESSION

    IMPACT OF THE NATIONAL SECURITY ACT ON FREEDOM OF SPEECH AND EXPRESSION

    AUTHOR – JIGYASA, ADVOCATE AND INDIVIDUAL AUTHOR

    BEST CITATION – JIGYASA, IMPACT OF THE NATIONAL SECURITY ACT ON FREEDOM OF SPEECH AND EXPRESSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1120-1127, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The National Security Act (NSA), 1980, was enacted to safeguard India’s national security and public order through preventive detention. However, its broad provisions and discretionary powers have raised concerns about its impact on fundamental rights, particularly the freedom of speech. This article analyzes the malicious application of the NSA in contemporary democracies, focusing on the management of dissent, censorship of the media, and suppression of government critics. As a result, the cases of the journalist Kishore Chandra Wang Khem, Dr. Kafeel Khan, and more recently, Siddique Kappan, all showcase the misuse of the Law towards the people who challenge the ‘status quo’ or get a hold of certain deep-cover stories. The judicial responses, though, have granted some reprieve to the parties and have been thwarted by the statute regarding the restrictions on judicial review- the statute’s tools.

    When compared with international standards, it becomes clear that there is an urgent need for change since certain countries like the United Kingdom and Canada have imposed measures on freedom of expression but still manage to deal with national security issues effectively, expression guaranteed under Article 19(1)(a) of the Indian Constitution. The article presents some practical changes to the National Security Act, including an unambiguous interpretation of terms like ‘national security threat’, enhanced processes of monitoring the judiciary’s actions, assurance of respect for human rights, and openness in administration. The experts’ proposals aim to achieve an equilibrium between fundamental human rights and the assertion of national security, so as not to misuse the NSA to violate the rights of individuals guaranteed by the constitution of the land. The article finally states that “democracy depends on the preservation of the right to free speech, which allows the existence of an environment where different voices can be heard without fearing any retaliation from the government”.

    KEYWORDS: Fundamental rights, Preventive detention, judicial review, statute, discretionary power.

  • IMPACT OF RISING SEA LEVELS ON GLOBAL MIGRATION & REFUGEE CRISES

    IMPACT OF RISING SEA LEVELS ON GLOBAL MIGRATION & REFUGEE CRISES

    AUTHOR – ADV. TUSHAR MISHRA, B.A LL.B (HONS.), LL.M.( MARITIME LAW ), RASHTRIYA RAKSHA UNIVERSITY, GANDHINAGAR GUJARAT

    BEST CITATION – ADV. TUSHAR MISHRA, IMPACT OF RISING SEA LEVELS ON GLOBAL MIGRATION & REFUGEE CRISES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1137-1144, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The rise in sea levels caused by climate change is changing the world’s landscape and stimulating migration patterns. The relationship between sea-level rise and the increase in climate-induced migration, especially focusing on how an entire community is displaced into migration and refugee statuses. With increased sea levels, however, many nations face immense difficulties in taking on the double burdens of internally displaced persons and cross-border migrants without sufficient resources or policies to support climate change migration.

    Currently, international refugee law does not provide any special protection to “climate refugees,” although regional and national laws have been set up as interim measures, which are limited in both scope and strength. The rising sea levels will make the low-lying coasts, small islands of the Pacific like Kiribati and Tuvalu, and certain parts of Bangladesh the areas that will face a very dangerous threat, and people will have to move either internally or across borders. These migrations of people against their will raise very important questions about national and international policies, human rights, and the need for new legal frameworks because the existing refugee and human rights laws are not suitable to meet the climate refugees.

    KEYWORDS: Climate change, Sea-level rise, Climate-induced migration, Refugee crises, Coastal communities, Environmental statelessness.

  • ARTIFICIAL INTELLIGENCE IN POLICING

    ARTIFICIAL INTELLIGENCE IN POLICING

    AUTHOR – JIGYASA, LL.M STUDENT AT RASHTRIYA RAKSHA UNIVERSITY, GUJARAT

    BEST CITATION – JIGYASA, ARTIFICIAL INTELLIGENCE IN POLICING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1128-1136, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The role of artificial intelligence in law enforcement is undeniable, especially with the introduction of predictive policing, facial recognition technology, automated license plate recognition systems, and natural language processing systems, all of which are intended to prevent crime, ensure public safety, and quicken response. However, some obvious challenges arise when these tools are introduced within the context of law enforcement, particularly issues related to ethical practices, social equity, and privacy in the case of algorithmic accountability. Discriminative designs in law enforcement perpetuate biases and opposing stereotypes within specific groups. Also, surveillance technologies and strategies, whose rationales are usually not very clear, are arguably an invasion of privacy because a lot, if not most, of the decision-making processes are done in a so-called ‘black box’ mode.

    The success and the ethical challenges are drawn from the case studies of cities such as Los Angeles and London, while the latter compares with the use of AI technology and surveillance in policing in China and how the two countries differ in ideology and practice with respect to AI and surveillance.

    To enhance the use of artificial intelligence in the administration of law, there is a need for a very thin line to be drawn between technological advancement and ethical issues. Face-saving marriage between regulators, builders of AI, or any technology and police is possible and helps in the development of civil liberties protective measures while still ensuring that AI is beneficial to the social order in an acceptable manner. This paper supports an ethical responsibility that recognises the importance of transparency, public trust, equality, and mechanisms of accountability in the use of artificial intelligence in policing to improve security in society without infringing on individual rights.

    KEYWORDS: Artificial intelligence, policing, privacy, law enforcement.

  • A STUDY ON AYUSHMAN BHARAT YOJANA- A STEP TOWARDS UNIVERSAL HEALTH COVERAGE

    A STUDY ON AYUSHMAN BHARAT YOJANA- A STEP TOWARDS UNIVERSAL HEALTH COVERAGE

    AUTHOR – NAMRATHA JAIN B, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, SAVEETHA UNIVERSITY, CHENNAI

    BEST CITATION – NAMRATHA JAIN B, A STUDY ON AYUSHMAN BHARAT YOJANA- A STEP TOWARDS UNIVERSAL HEALTH COVERAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 781-797, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Success in Ayushman bharat yojana will lead to protection of right to health of each and every citizen of our country. But this is only by proper implementation of policies and public awareness. The main objective of this research is to study the public awareness of Ayushman Bharat yojana . The research has followed a descriptive research method using a convenient sampling method. This sample size is 201 . The results observed from the study is that most of them are aware of this scheme and agree that the government is taking various steps to fulfill the objective and there is a positive impact of this scheme in urban and rural areas.

    Keywords: Health,Economically weaker sections,Dept traps , Infrastructure ,Financial resources

  • LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES

    LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES

    AUTHOR – TAKSH MAKHEJA, STUDENT AT FINAL YEAR LAW STUDENT, AMITY UNIVERSITY NODIA, UTTAR PRADESH, INDIA

    BEST CITATION – TAKSH MAKHEJA, LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 772-780, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The rights of the LGBTQ+ community regarding adoption are a pressing issue around the globe, especially in countries like India that have an ongoing construing of societal norms and laws against the heteronormative backdrop. This paper will analyze the various hurdles confronted by the members and couples of the LGBTQ+ community in their endeavor for adoption rights concerning legal, social, and cultural discourses. It explores existing laws, for example, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Hindu Adoption and Maintenance Act, 1956, etc., and points out the gaps in inclusivity. This research paper brazenly addresses the societal stigma and prejudices compounded by legal barriers while applying intersectional perspectives on LGBTQ+ identity and parenthood in a conservative socio-cultural architecture. It draws comparisons with more progressive concepts from other countries and recently observed comments from judicial decisions, with the intent of illustrating an urgent necessity for legal overhaul and shifts in policy. Ultimately, it argues for an inclusive definition of family sufficient to protect the rights of LGBTQ+ people to pursue family formation while ensuring the best interests of children. This paper thus intends to add to the discussions surrounding equality, human rights, and family law.

    KEYWORDS- LGBTQ , Adoption, Rights, Law