Author: PRASANNASRI26092001

  • WHITE COLLAR CRIME AND ITS JURISPRUDENCE IN INDIA

    WHITE COLLAR CRIME AND ITS JURISPRUDENCE IN INDIA

    AUTHOR – VAIBAHV VASTI, STUDENT AT AMITY UNIVERSITY, NOIDA

    BEST CITATION – VAIBAHV VASTI, WHITE COLLAR CRIME AND ITS JURISPRUDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 659-665, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This study provides a comprehensive examination of past crimes that have taken place in India, along with the causes of such crimes. Researchers define herbivores as “individuals who commit crimes when their offenses are minor and limited to a certain administrative region.” Meat eaters participate in white collar crime and are present in practically every industry. The growth of technology and education, which is protected by professionals who take advantage of legal loopholes and covertly supported by the government, has led to an increase in white-collar crime. The connections started banding together, committing white-collar crimes, and obtaining legal protection. As a result, some small workers have become white collar criminals.

    India’s high rate of white collar crime is rapidly permeating every aspect of the nation’s society. A type of white-collar crime that is commonly debated in social, political, and economic arenas of society is corruption. Nevertheless, no significant action has been made to counter this threat. The goals of this essay are to define white-collar crime, examine its historical evolution, and offer potential remedies. It’s about old. The criminal justice system did not exist in the ancient civilization. “Tooth for tooth, life for life” was innovative in the field of criminal justice. Public uproar also contributed to the proliferation of cheating. Scientific advancements are currently leading to the emergence of a new type of guilt known as cabin injury.

  • SOCIAL SECURITY IN THE AGE OF CLIMATE CHANGE: TOWARDS RESILIENCE AND INCLUSION

    SOCIAL SECURITY IN THE AGE OF CLIMATE CHANGE: TOWARDS RESILIENCE AND INCLUSION

    AUTHOR – ISHITA SHARMA* & DR KHALEEQ AHMAD**

    * STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

    ** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

    BEST CITATION – ISHITA SHARMA & DR KHALEEQ AHMAD, SOCIAL SECURITY IN THE AGE OF CLIMATE CHANGE: TOWARDS RESILIENCE AND INCLUSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 652-658, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Natural disasters and slow environmental deterioration are just two of the effects of the growing climate crisis that are upsetting livelihoods, uprooting communities, and driving vulnerable groups farther into poverty. Conventional social security systems, which were largely created for welfare-state or industrial economies, are becoming more and more out of step with the new realities of a world afflicted by climate change. This article examines how the demands on social protection frameworks are changing due to climate change and evaluates how prepared the current systems are to adapt.

    It highlights inequalities, innovations, and reform prospects by contrasting India’s social security systems with those of nations like Bangladesh, Germany, and Kenya. The study illustrates the disparities in how nations are incorporating climate concerns into their social systems by comparing India, Bangladesh, Germany, and Kenya. Schemes like MGNREGA and PM-KISAN have helped India make strides, but they are still insufficient to address the country’s growing climate vulnerability, particularly for internal migrants and informal laborers.

    According to the essay, social security policies need to be redesigned to focus on preventive and adaptive measures rather than reactive relief since climate change must be seen as a fundamental socioeconomic risk. It urges a paradigm change from immediate disaster relief to long-term resilience building, stressing the necessity of portable benefits, disbursements related to early warning, and the engagement of communities impacted by climate change in policymaking. By doing this, the study provides a road map for creating welfare systems that are climate-proof and maintain justice, equity, and dignity in the face of environmental instability.

  • A STUDY ON THE CHALLENGES AND IMPACTS ON THE JUDICIAL SYSTEM ON RECRUITING YOUNGER CIVIL JUDGES IN INDIA

    A STUDY ON THE CHALLENGES AND IMPACTS ON THE JUDICIAL SYSTEM ON RECRUITING YOUNGER CIVIL JUDGES IN INDIA

    AUTHOR – K.KIRTHANA, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI

    BEST CITATION – K.KIRTHANA, A STUDY ON THE CHALLENGES AND IMPACTS ON THE JUDICIAL SYSTEM ON RECRUITING YOUNGER CIVIL JUDGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 629-652, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This study addresses the multifaceted issues surrounding the recruitment of younger civil judges in India, shedding light on the potential challenges and far-reaching impacts on the judicial system. The infusion of younger talent into the judiciary can bring fresh perspectives, energy, and innovative approaches, but it also raises concerns about a possible lack of experience and expertise in handling complex legal matters. To explore these dynamics comprehensively, the study examines various facets. While recruiting younger judges brings fresh perspectives and the potential for innovative approaches, it also raises concerns about a potential lack of experience and expertise in handling complex legal matters. The study reveals varying perceptions among different segments of the population, such as urban residents, females, and those from the public sector, emphasizing the importance of considering diverse viewpoints in recruitment and training processes. The sample size was 200 . To address these challenges, the study suggests implementing specialized training programs, mentorship initiatives, transparent recruitment processes, and ongoing support mechanisms. Additionally, it underscores the significance of embracing technology, promoting diversity, fostering a culture of continuous learning, and engaging with the public to ensure a responsive and effective judiciary in India.Ultimately, it aspires to contribute to a more adaptive, inclusive, and effective judicial system in India.

    KEYWORDS: Younger civil judges, Recruitment, innovative approach, Mentorship, Judiciary.

  • THE ROLE OF JUDICIARY IN PROTECTION OF UNDERTRIALS

    THE ROLE OF JUDICIARY IN PROTECTION OF UNDERTRIALS

    AUTHOR – ARYAN MISHRA, STUDENT AT AMITY UNIVERSITY, NOIDA

    BEST CITATION – ARYAN MISHRA, THE ROLE OF JUDICIARY IN PROTECTION OF UNDERTRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 601-628, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This research paper examines the critical issue of access to justice for undertrial prisoners (UTPs) in India, who constitute a significant portion of the prison population and often face prolonged pre-trial detention. Drawing upon empirical research conducted in selective prisons across seven states in India, this study evaluates the efficacy of free legal aid services provided to UTPs. The research involved the collection of primary data through structured and unstructured questionnaires from various stakeholders, including District Judges, Jail Superintendents, Legal Aid Counsels (LACs), Jail Visiting Advocates (JVAs), Para Legal Volunteers (PLVs), and the UTPs themselves. This study aims to identify the impediments faced by UTPs in availing their right to access justice, assess the commitment and competency of legal aid providers, and understand the challenges in the implementation of existing legal frameworks and Supreme Court judgments related to the release of UTPs. Ultimately, this research seeks to 7contribute to the existing literature and suggest potential solutions for enhancing the quality of legal aid services and ensuring a more effective and just criminal justice system for undertrial prisoners in India.

  • ROLE OF MOBILE BANKING IN FINANCIAL INCLUSION

    ROLE OF MOBILE BANKING IN FINANCIAL INCLUSION

    AUTHOR – SANDHIYA R* & DR. S. MARUTHUVIJAYAN**
    * STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI, TAMIL NADU
    ** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI, TAMIL NADU

    BEST CITATION – SANDHIYA R & DR. S. MARUTHUVIJAYAN, ROLE OF MOBILE BANKING IN FINANCIAL INCLUSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 589-600, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    There is increased emphasis on financial inclusion from the government, regulators, NGOs, and individuals. Proponents of development finance like Md.Yunus are going to extent of making it as a fundamental right of an individual. But, there is demand as well as supply side constraints to it .  A large section of the society is deprived of financial services like credit, loan, insurance, financial education, remittances, pension etc.  So does it mean that the poor are not availing the financial services? The answer to it is no. They have got their own mechanism to do so, they do it in multiple ways involving informal sources (collins et al, 2009).  Here, informal methods serve the purpose, but it is much more costly and has various ill effects.  In this situation mobile banking seems to a feasible solution.  It has got benefits  for multiple stakeholders.  At the macro level use of mobile banking will increase Gross Domestic Product.  At the same time there are limitations or dangers of mobile banking at mcro level. It could lead to increased instances of money laudering and may be in criminal activities. Whereas, at micro level it will benefit the organization as well as consumers in terms of addressing constriants being faced by them   The objective of this paper is to highlight the importance of mobile banking in bringing about financial inclusion in a developing country like India.  Although we will emphasize its relevance in the Indian context, it should be applicable to the poor in general residing in similar conditions elsewhere. To make it happen we propose a tripartite institutional arrangement involving one of the largest network in the country i.e. India Post.

    Keywords:  Mobile Banking, Financial Inclusion, India.

  • BALANCING BARS AND BOUNDARIES: PRISONERS’ RIGHTS, FREE SPEECH, AND NATIONAL SECURITY IN INDIA

    BALANCING BARS AND BOUNDARIES: PRISONERS’ RIGHTS, FREE SPEECH, AND NATIONAL SECURITY IN INDIA

    AUTHOR – AKSHIVA GOSWAMI, STUDENT AT AMITY UNIVERSITY NOIDA, UP, INDIA

    BEST CITATION – AKSHIVA GOSWAMI, BALANCING BARS AND BOUNDARIES: PRISONERS’ RIGHTS, FREE SPEECH, AND NATIONAL SECURITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 574-589, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This research critically explores the intersection between prisoners’ rights and the regulation of speech, particularly in the context of national security in India. Through a multidimensional analysis that includes constitutional law, international human rights standards, and comparative jurisprudence, the study evaluates how legal frameworks such as the Unlawful Activities (Prevention) Act (UAPA) and National Security Act (NSA) impact the civil liberties of incarcerated individuals. Employing a comparative legal methodology and qualitative interviews with legal experts and human rights advocates, the research highlights the challenges of balancing national security imperatives with the preservation of fundamental rights, such as freedom of speech and protection from arbitrary detention. The work also emphasizes the implications of preventive detention, media narratives, and societal biases in shaping public policy and legal interpretation. Ultimately, the study calls for legal reforms that align national practices with international human rights obligations and safeguard the dignity of all prisoners, including those accused of terrorism.

    KEYWORDS

    Prisoners’ Rights, Freedom of Speech, National Security, UAPA, Preventive Detention, Indian Constitution, Human Rights, Terrorism Laws, Judicial Review, Civil Liberties, Penal Reform, International Law

  • THE ROLE OF COMMERCIAL CONTRACTS IN CROSS-BORDER TRADE: LEGAL OBSTACLES AND SOLUTIONS

    THE ROLE OF COMMERCIAL CONTRACTS IN CROSS-BORDER TRADE: LEGAL OBSTACLES AND SOLUTIONS

    AUTHOR – CHIRAG SETH* & DR. NIHARIKA SINGH**

    * STUDENT AT AMITY LAW SCHOOL, NOIDA

    ** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

    BEST CITATION – CHIRAG SETH & DR. NIHARIKA SINGH, THE ROLE OF COMMERCIAL CONTRACTS IN CROSS-BORDER TRADE: LEGAL OBSTACLES AND SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 565-573, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Global trade is always shifting, and with that change, commercial contracts seem to play a bigger role than before. Agreements linking nations like India with various international partners don’t just spell out rights and duties; they sort of lay down a basic blueprint for settling disputes in transnational trade. These contracts, in most cases, become the backbone of economic cooperation across borders. Yet, mixing different legal systems can really throw a wrench in things, making it trickier to enforce or follow the agreed terms across jurisdictions. Generally speaking, the problem grows when legal standards break down into fragments—efforts like those involving the CISG and CESL try to streamline these issues, even though the outcome isn’t always perfect . Also, the strong reliance on legal English in global business, while useful, sometimes ends up complicating clear communication among varying legal traditions .

    For any nation trying to succeed internationally, sorting out a tangled mix of laws isn’t optional – it’s pretty much a must, and India finds this especially true. The country’s push to widen its global trade ties often hits a wall of legal challenges that slow down progress more than one might hope. Sometimes, rigid regulatory rules block market openings, leaving Indian exporters to scramble while competitors seem to breeze through. And then there’s the whole issue of meeting world standards; take the EU’s Carbon Border Adjustment Mechanism, for example – a rule that many see as just another hurdle. India’s finance minister, Nirmala Sitharaman, even remarked—yes, she pointed out—that the planned CBAM comes off as an arbitrary trade barrier that ends up disadvantaging developing nations.

    Keywords – Cross-border trade, commercial contracts, legal obstacles, CISG, risk management, India’s global trade, international conventions, dispute resolution, digital contracts, regulatory compliance.

  • AN EXAMINATION OF GENDER BIAS IN INDIAN LAWS: THE NEED FOR REFORMS TO PROTECT MALE RIGHTS AND ENSURE GENDER NEUTRALITY

    AN EXAMINATION OF GENDER BIAS IN INDIAN LAWS: THE NEED FOR REFORMS TO PROTECT MALE RIGHTS AND ENSURE GENDER NEUTRALITY

    AUTHOR – AKASH BHARTI* & DR. AISHWARYA PANDEY**

    * STUDENT AT AMITY UNIVERSITY, LUCKNOW CAMPUS

    ** ASSISTANT PROFESSOR OF AMITY UNIVERSITY, LUCKNOW CAMPUS

    BEST CITATION – AKASH BHARTI & DR. AISHWARYA PANDEY, AN EXAMINATION OF GENDER BIAS IN INDIAN LAWS: THE NEED FOR REFORMS TO PROTECT MALE RIGHTS AND ENSURE GENDER NEUTRALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 556-564, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This paper examines the gender biases embedded in Indian laws and argues for necessary reforms to protect the rights of males and uphold gender neutrality. It analyses recent legislative changes – including the new Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) – and identifies provisions that remain gender-specific. While acknowledging the historical context of laws designed to protect women, this study highlights how such laws inadvertently exclude or disadvantage men. Drawing on landmark cases (e.g., Navtej Singh Johar v. Union of India and Joseph Shine v. Union of India) and official reports, the paper compares Indian practices with gender-neutral reforms in the United States and the United Kingdom. Key challenges to reform – including societal stigma and legal inertia – are discussed. The paper concludes with policy recommendations to amend existing statutes (such as criminalizing marital rape and extending the Protection of Women from Domestic Violence Act to all victims) and to train law enforcement in gender-neutral application of laws. These measures are intended to advance a balanced, egalitarian legal framework in line with international trends​papers.ssrn.compapers.ssrn.com.

    Keywords: Gender Biasness, Marital Rape, Constitution, Male Rights, Gender Equality.

  • ANIMAL VOICES: DEEP DIVE INTO ANIMAL WELFARE JURISPRUDENCE

    ANIMAL VOICES: DEEP DIVE INTO ANIMAL WELFARE JURISPRUDENCE

    AUTHOR – ANGILA VERMA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH, INDIA

    BEST CITATION – ANGILA VERMA, ANIMAL VOICES: DEEP DIVE INTO ANIMAL WELFARE JURISPRUDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 543-555, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

              The evolving relationship between humans and animals has prompted an urgent re-evaluation of the legal and moral obligations owed to non-human life forms. The dissertation undertakes comprehensive and interdisciplinary exploration of animal welfare within legal systems, focusing on the transformation of jurisprudential thought, legislative frameworks and judicial interpretations, both in India and globally. It interrogates the adequacy of existing laws and policies in addressing the sentience, suffering and inherent dignity of animals.

              At its core, the research explores the dichotomy between animal welfare and animal rights, mapping the philosophical underpinnings of each. Particular emphasis is placed on concept of animal sentience and the moral standing of animals, which are increasingly being recognized in legal frameworks across jurisdictions and serves as the foundational basis for extending moral and legal consideration to animals.

              The dissertation delves deep into the religious perspectives, evolution of the welfare laws and the overall debate of legal personhood. In the Indian context, the dissertation critically evaluates statues examining their legislative histories, institutional mechanisms and judicial interpretations. Landmark judgements such as Animal Welfare Board of India v. Nagaraja and Karnail Singh v. State of Haryana are analysed for their jurisprudential advancements, particularly in recognizing animals as sentient beings and even granting them legal personhood. Simultaneously, the dissertation highlights the shortcoming of these laws and progressive approach of the judiciary in paving way for advanced animal rights theory.

    Keywords: animal welfare, animal rights, legal personhood, jurisprudence, cruelty

  • THE LODESTAR OF JUSTICE: EXAMINING THE FIRST INFORMATION REPORT UNDER THE BHARTIYA NAGARIK SURAKSHA SANHITA

    THE LODESTAR OF JUSTICE: EXAMINING THE FIRST INFORMATION REPORT UNDER THE BHARTIYA NAGARIK SURAKSHA SANHITA

    AUTHOR – GOPAL JEE TIWARI, STUDENT AT GAUTAM BUDDHA UNIVERSITY

    BEST CITATION – GOPAL JEE TIWARI, THE LODESTAR OF JUSTICE: EXAMINING THE FIRST INFORMATION REPORT UNDER THE BHARTIYA NAGARIK SURAKSHA SANHITA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 537-542, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract:

    The First Information Report (FIR) stands as the landmark pillar upon which the structure of criminal justice in India is built. It is the formal induction of the investigative process, effected by information relating to the commission of a cognizable offense. This paper examines the significance of the FIR within the framework of the newly formed Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the colonial-era Code of Criminal Procedure, 1973. By analyzing the relevant provisions of the BNSS, this paper studies the procedural nuances of FIR registration, it is evidentiary value, the rights of the informant and the accused, and the expected impact of the new Sanhita on this first step towards justice. Additionally, it will consider the progress and challenges introduced by the BNSS regarding FIR, including provisions for e-FIR and preliminary inquiries, and ultimately examine their value in promoting a fair, transparent, and efficient criminal justice system.

    Keywords:

    First Information Report (FIR), Bharatiya Nagarik Suraksha Sanhita (BNSS), Cognizable Offence, Investigation, Rights of Informant, Rights of Accused, E-FIR, Preliminary Inquiry, Criminal Justice System.