Author: PRASANNASRI26092001

PRE – INDEPENDENCE EVOLUTION OF PERSONAL LAWS IN INDIA AND WAY FORWARD

AUTHOR – ARYENDRA KUMAR SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARYENDRA KUMAR SINGH, PRE – INDEPENDENCE EVOLUTION OF PERSONAL LAWS IN INDIA AND WAY FORWARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 527-533, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper looks at how personal laws in India have changed over time. It digs into the role religion, old customs, colonial rule, and later reforms played in shaping the laws people follow today. It starts way back in ancient India, when religious texts like the Vedas and Smritis guided daily life and law felt almost sacred. Then, moving into the medieval era, things got more complicated—Islamic rulers brought Sharia principles, which merged with existing Hindu traditions. That mix set the stage for India’s long history of legal pluralism. The paper also takes a close look at how British colonial rule changed things and pushed personal laws in new directions.

BRIDGING THE FRAMER’S INTENT AND CONTEMPORARY REALITY: SOCIO-LEGAL CHALLENGES TO LINGUISTIC DIVERSITY IN INDIA

AUTHOR – HIMANSHI MALWA* & MR.ANUJ SETHI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – HIMANSHI MALWA & MR.ANUJ SETHI, BRIDGING THE FRAMER’S INTENT AND CONTEMPORARY REALITY: SOCIO-LEGAL CHALLENGES TO LINGUISTIC DIVERSITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 520-526, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I853

ABSTRACT

The framers of the Indian Constitution were firm believer of the point that the linguistic diversity of India is a strength and has the potential to become the basis of national unity. Therefore, they rejected the contention of adopting a single as the official language of the nation and opted for pluralistic language system and made special provision under the Article 29 and 30 for the protection of the minority to preserve their language, culture and script. This paper explores vision of the framers of the constitution and the real ground implementation of that vision and analyse the existing gaps between them through social-legal perspective. Constituent Assembly Debates, important court judgments and recent cases of linguistic discrimination have been considered to understand the intension of the framers and the scale up to which they have been implemented. This paper also showcases the judicial perspective towards the linguistic discrimination and the steps taken for its protection and how the weak implementation is further creating disturbance in the society and how education, jobs and public life is being hampered. This paper aims to give certain practical recommendations which can reaffirm the Constitutional vision of “Unity in Diversity” and overcome the challenges faced by the society.

Keywords– Linguistic diversity, Framer’s Intent, Article 29 and 30, Socio-legal issue

CONCEPTS OF JUSTICE PUT FORWARD BY AMARTYA SEN AND JOHN RAWLS. SEN.’S

AUTHOR – ASHOK RAMBHAU MORALE, LLM 2ND YEAR SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – ASHOK RAMBHAU MORALE, CONCEPTS OF JUSTICE PUT FORWARD BY AMARTYA SEN AND JOHN RAWLS. SEN.’S, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 501-519, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter I

Introduction To research

1. INTRODUCTION

The study will employ a comparative analytical methodology to investigate the respective concepts of justice put forward by Amartya Sen and John Rawls. Sen.’s capability approach, which emphasises the value of each person’s well-being and ability to lead fulfilling lives, will initially be contrasted with this. The research will then examine case studies and modern instances to show how each theory works in actual situations, pointing out its limitations and practical ramifications. Qualitative interviews with social theorists, economists, and political philosophers will shed light on the continued applicability of both theories in contemporary society. In order to reflect the complexity of contemporary social justice challenges, the research will ultimately synthesise these findings to offer a comprehensive picture of justice that incorporates components from both Rawls’ and Sen.’s perspectives.

FROM FRAGMENTATION TO CONSOLIDATION: EVOLUTION OF FOOD SAFETY LAWS IN INDIA (1954–2006)

AUTHOR – GAURAV KUMAR* & MR. ANUJ SETHI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – GAURAV KUMAR & MR. ANUJ SETHI, FROM FRAGMENTATION TO CONSOLIDATION: EVOLUTION OF FOOD SAFETY LAWS IN INDIA (1954–2006), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I851

Abstract

The Indian food safety regulation has gone through remarkable change of a disjointed legal framework with a holistic framework in place. The food safety methods were, initially, controlled by the Prevention of Food Adulteration Act, 1954, under which the approach of food safety was mainly reactive, where measures were taken to punish the cases of adulteration instead of setting up of comprehensive food safety provisions. With time, several laws arose and overlaps as well as difficulty in enforcing them arose and caused inconsistencies. The government, after realizing these shortcomings, came up with Food Safety and Standards Act, 2006, that was aimed at integrating the other food related laws into one umbrella and setting up of the Food Safety and Standards Authority of India. The paper reviews how the laws governing food safety in India have changed throughout the years with a focus on the shift in the various legislative systems to a cohesive regulatory framework. It also measures how effective such changes have been to deal with modern food safety issues and safeguard the health of the population in India.

CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS

AUTHORS – G K DARSHAN RAJ* & MS SREE LEKSHMI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – G K DARSHAN RAJ & MS SREE LEKSHMI, USTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 491-494, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Custodial violence remains one of the most pressing human rights challenges within the Indian criminal justice system. Despite a robust constitutional framework and multiple statutory safeguards, incidents of torture, abuse, and custodial deaths continue to occur with alarming frequency. This paper critically examines the legal and institutional mechanisms designed to prevent custodial violence in India and evaluates their effectiveness. It explores the historical roots of custodial abuse, analyzes constitutional protections, statutory provisions, and judicial interventions, and identifies structural deficiencies that perpetuate impunity. The study argues that while India possesses a strong normative legal framework, enforcement remains weak due to systemic issues such as lack of accountability, colonial policing structures, and absence of specific anti-torture legislation. The paper concludes with recommendations for legislative reforms, institutional restructuring, and technological interventions to ensure accountability and protection of human dignity.

LANDLORD DEVIANCE: A SOCIO-LEGAL STUDY OF CRIMINAL ACCOUNTABILITY IN RENTAL HOUSING

AUTHOR – ASHOK.K, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ASHOK.K, LANDLORD DEVIANCE: A SOCIO-LEGAL STUDY OF CRIMINAL ACCOUNTABILITY IN RENTAL HOUSING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 488-490, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Housing is universally recognized as a fundamental human necessity and an essential precondition for the realization of a dignified life. In the Indian context, the right to shelter has been interpreted as an integral component of the right to life under Article 21 of the Constitution. Despite this recognition, access to safe, secure, and non-exploitative housing remains a persistent challenge, particularly within the rental housing sector.

The landlord-tenant relationship, though formally governed by civil law principles, is inherently characterized by an imbalance of power. Landlords, as property-owning individuals, occupy a position of economic and social dominance, while tenants often remain dependent on access to housing for their basic survival and livelihood. This asymmetry creates conditions in which exploitative practices may emerge and persist with limited resistance.

Within the framework of Criminology, such exploitative conduct can be understood through the lens of deviance, particularly when it involves a breach of legal norms or socially accepted standards of fairness. Traditionally, deviance has been associated with marginal or lower socio-economic groups; however, contemporary scholarship has expanded this understanding to include misconduct by individuals in positions of power. This is reflected in the concept of elite deviance, closely linked to the work of Edwin H. Sutherland, who highlighted how socially respected individuals may engage in unlawful or unethical acts within the scope of their occupational roles.

In this context, landlord deviance may be conceptualized as a form of elite class deviance, encompassing a range of practices such as illegal eviction, harassment, denial of essential services, excessive rent demands, and other coercive actions. While some of these practices are addressed under civil law, many possess elements that fall within the domain of criminal law, including intimidation, trespass, and exploitation.

However, a significant concern lies in the manner in which such conduct is treated within the legal system. Landlord misconduct is frequently categorized as a civil dispute rather than a matter warranting criminal accountability. This classification not only limits the scope of legal remedies available to tenants but also reduces the deterrent effect of the law. As a result, deviant practices often continue unchecked, reinforcing existing power imbalances and undermining the principle of housing justice.

This study seeks to critically examine landlord deviance through a socio-legal lens, with particular emphasis on the issue of criminal accountability. By analysing the intersection of legal norms, social structures, and power dynamics, the research aims to highlight the inadequacies of the current legal framework and advocate for a more robust approach to regulating landlord conduct.

EVALUATING OUTCOMES: COMPARATIVE METRICS FOR MEASURING EDUCATIONAL INCLUSION AND QUALITY FOR STUDENTS WITH DISABILITIES

AUTHORS – HARSHVARDHAN VERMA* & ANUJ SETHI**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – HARSHVARDHAN VERMA & ANUJ SETHI, EVALUATING OUTCOMES: COMPARATIVE METRICS FOR MEASURING EDUCATIONAL INCLUSION AND QUALITY FOR STUDENTS WITH DISABILITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 481-487, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I848

Abstract

It is evident that the issue of special educational rights of children with disabilities is becoming more dependent on the ability of education systems to determine the quality and inclusion of the case, rather than the legal acknowledgment of the right. Although countries like United Kingdom, the United States, Finland and India have embraced different statutory and policy systems to govern special education, there is still no consensus on standard measures to assess outcomes of learning by students with disabilities. This paper aims at comparing two measurement systems, outcome-based and rightsbased measurement system, that are used to evaluate educational inclusion and quality in these four jurisdictions. It looks at the quantitative measures, such as enrollment, retention, completion, and transition measures and qualitative (a classroom participation, an individualized support effectiveness, and a social integration). The paper also examines institutional assessment instruments like individualized education plans and inspection regimes, accountability models, and education databases to determine systemic weakness, limitations on data, and situational issues, especially in emerging jurisdictions. It is the responsibility of the article therefore to emphasize the need to have harmonized, inclusive as well as disability-sensitive evaluation measures that are in accordance with international human rights standards. It adds to the comparative education law literature by suggesting a multidimensional approach to measuring educational outcomes harmonizing legal compliance and good pedagogy and lived educational experiences of children with disabilities.

Keywords: special education; children with disabilities; educational inclusion; quality of education; comparative education law; outcome-based evaluation; disability rights. 

SPECIALIZED JUSTICE: THE ROLE OF DEBT RECOVERY TRIBUNALS AND MULTI-REGIME COORDINATION IN INDIA’S CREDIT RECOVERY FRAMEWORK

AUTHOR – ARJUN AGNIHOTRI, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ARJUN AGNIHOTRI, SPECIALIZED JUSTICE: THE ROLE OF DEBT RECOVERY TRIBUNALS AND MULTI-REGIME COORDINATION IN INDIA’S CREDIT RECOVERY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 471-480, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I847

Abstract

The debt recovery legal system in India has experienced major changes during the last 30 years. The system now uses multiple financial default resolution methods to handle debt recovery cases which require more complex solutions than civil courts could provide. The paper analyzes the system architecture through three legal mechanisms which operate together with the Debt Recovery Tribunals (DRTs) established by the Recovery of Debts Due to Banks and Financial Institutions Act of 1993 and the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 and the Insolvency and Bankruptcy Code of 2016. The paper traces the origins and rationale of the DRT system, analysing how dedicated tribunals for banking disputes emerged because specialised financial courts resolved cases more quickly and accurately than traditional courts.

The DRT model establishes its jurisdictional framework while defining its operational processes. The DRT model creates its jurisdictional framework which establishes its operational processes but its performance was affected by institutional problems which included bench vacancies and infrastructural deficiencies and appellate delays. The paper examines how the three regimes function together with their operational relationships during actual recovery processes. The DRTs enable judicial review of secured interests which SARFAESI directly enforces and the IBC provides a unified process which handles all insolvency cases.

The distinct purposes of each regime create operational difficulties through their shared jurisdictional areas because creditors and borrowers face challenges which include choosing their court and deciding between different methods of obtaining solutions. The institutional framework needs enhancements while active inter-regime coordination should be implemented to achieve the complete operational potential of India’s debt recovery system. Legal innovation needs digital modernization together with consistent tribunal staffing and appellate streamlining to create recovery results which provide equitable outcomes for all parties.

GIFT OF LIFE, RULE OF LAW – HUMAN ORGAN AND TISSUE TRANSPLANTATION IN INDIA: A COMPREHENSIVE ANALYSIS OF LAWS, REGULATIONS, AND POLICY FRAMEWORK

AUTHOR –JISHA JS* & DR. CH. VENKATESWARLU**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – JISHA JS & DR. CH. VENKATESWARLU, GIFT OF LIFE, RULE OF LAW – HUMAN ORGAN AND TISSUE TRANSPLANTATION IN INDIA: A COMPREHENSIVE ANALYSIS OF LAWS, REGULATIONS, AND POLICY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 463-470, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Organ and tissue transplantation represents one of the most significant achievements in modern medicine, offering renewed life to patients suffering from end-stage organ failure. In India, this field is governed by a robust legislative architecture anchored in the Transplantation of Human Organs and Tissues Act, 1994, as amended in 2011, and its accompanying Rules of 2014. This article provides a thorough examination of the statutory provisions, institutional mechanisms, ethical considerations, and enforcement challenges that shape the transplantation landscape in India. It further discusses the roles of key regulatory bodies, the legal framework surrounding brain death certification, living and deceased donor protocols, anti-commercialisation measures, and emerging policy directions aimed at bridging the wide gap between organ demand and supply in the country.

JUVENILE JUSTICE IN INDIA: BALANCING REHABILITATION AND PUNISHMENT UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

AUTHOR – JOSHUA SD* & JISHA JS**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – JOSHUA SD & JISHA JS, JUVENILE JUSTICE IN INDIA: BALANCING REHABILITATION AND PUNISHMENT UNDER THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 454-462, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s juvenile justice system stands at a constitutional and sociological crossroads. The Juvenile Justice (Care and Protection of Children) Act, 2015 ^[1] seeks to rehabilitate children who come into conflict with the law while simultaneously responding to growing public concern over serious offences committed by juveniles aged 16 to 18. This article undertakes a doctrinal and socio-legal analysis of the tension between two foundational principles — rehabilitative justice and punitive accountability — within India’s juvenile justice framework. Drawing on constitutional provisions, landmark judgments including Sheela Barse v. Union of India, Pratap Singh v. State of Jharkhand, and Mukesh v. State (NCT of Delhi), NCRB data,^[2] and comparative international standards, the article critically evaluates the provisions for preliminary assessment and adult-trial transfer introduced by the 2015 Act. It identifies five structural challenges — inadequate institutional infrastructure, inconsistent implementation, the indeterminate nature of maturity assessment, victim justice deficit, and post-release recidivism — and proposes a balanced reform framework centred on restorative justice, neurodevelopmentally informed assessment, and robust aftercare.

Keywords: juvenile justice, rehabilitation, punishment, JJ Act 2015, doli incapax, preliminary assessment, restorative justice, juvenile delinquency, India

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[1]Juvenile Justice (Care and Protection of Children) Act 2015 (India), Preamble.

[2]National Crime Records Bureau, ‘Crime in India 2022’ (NCRB 2023) Table 10A (reflecting 31,170 cases registered against juveniles in 2022).