Author: PRASANNASRI26092001

REFORMING THE ARMED FORCES (SPECIAL POWERS) ACT, 1958: A LEGAL AND HUMAN RIGHTS PERSPECTIVE IN LIGHT OF RECENT MANIPUR PROTESTS

AUTHOR – CHINTAN JAIN* & MS. SAUMYA SHUKLA**

* STUDENT AT UWSL, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

** ASSISTANT PROFESSOR AT UWSL, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

BEST CITATION – CHINTAN JAIN & MS. SAUMYA SHUKLA, REFORMING THE ARMED FORCES (SPECIAL POWERS) ACT, 1958: A LEGAL AND HUMAN RIGHTS PERSPECTIVE IN LIGHT OF RECENT MANIPUR PROTESTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 591-601, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research article critically evaluates the Armed Forces (Special Powers) Act, 1958 (AFSPA), with particular reference to its implementation in Manipur. While originally designed as a counter-insurgency law, AFSPA has drawn criticism for enabling systemic human rights abuses, militarization of civilian spaces, and erosion of constitutional protections. The 2024 Manipur protests serve as a critical backdrop, reflecting deep-rooted discontent and civil resistance against prolonged military rule. This paper examines the legal and constitutional framework of AFSPA, judicial interpretations, and the demands for reform. Drawing from domestic jurisprudence, international human rights instruments, and recommendations by expert committees, the study proposes targeted amendments and accountability mechanisms. A phased withdrawal strategy, combined with enhanced judicial oversight, is argued to be more feasible than complete repeal, striking a necessary balance between internal security and democratic governance.

Keywords: AFSPA, Manipur Protests, Human Rights, Constitutional Law, Security Laws, Judicial Oversight, Military Immunity, Legal Reform

CONFESSION UNDER OTHER STATUES

AUTHOR – MUSKAN KALRA, LLM SCHOLAR AT NALSAR UNIVERSITY OF LAW, HYDERABAD

BEST CITATION – MUSKAN KALRA, CONFESSION UNDER OTHER STATUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 580-590, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Confessions, though a vital piece of evidence, have been the subject of legal scrutiny, particularly in the context of their admissibility and voluntariness. The Indian Evidence Act, while laying out general rules, does not specifically define ‘confession.’ However, both general and special laws have addressed the issue of confessions, especially concerning coercion by authorities. This paper will explore the treatment of confessions under various special laws, including anti-terrorism laws like TADA and POTA, organized crime laws like MCOCA, and the Income Tax Act, which governs admissions in tax investigations. The focus will be on the admissibility of confessions, the legal safeguards in place, and key judicial interpretations.

THE IMPACT OF LABOUR ON GIG WORK IN TAMILNADU

AUTHOR- NISHANTHI.M SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI. EMAIL – Sweetgirlsha1206@gmail.com

BEST CITATION – NISHANTHI.M, THE IMPACT OF LABOUR ON GIG WORK IN TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 576-579, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The necessity for legislative changes to guarantee gig workers equitable treatment and social security has been highlighted by the gig economy’s explosive growth in India, especially in Tamil Nadu. This study examines how recent changes to Tamil Nadu’s labor laws, such as the creation of the Tamil Nadu Platform-Based Gig Workers’ Welfare Board and the expansion of the Tamil Nadu Manual Workers Act to platform-based workers, have affected gig work in the state. These programs seek to alleviate the precarity of platform-based work, legalize the gig economy, and grant access to welfare benefits. The study also looks at state-led initiatives like worker lounges, group insurance plans, and electric scooter subsidies, evaluating how well they improve the livelihoods of gig workers. Notwithstanding these forward-thinking actions, issues with awareness, implementation, and the informal character of gig employment still exist. This study emphasizes how inclusive legal frameworks and ongoing policy innovation are necessary to guarantee the long-term safety and empowerment of gig workers in Tamil Nadu. Legal changes that guarantee gig workers fair treatment, respectable working conditions, and social security are desperately needed, as seen by the gig economy’s explosive growth in India, especially in Tamil Nadu. This essay examines how recent changes to Tamil Nadu’s labor laws have affected gig work in the state. These changes include the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act’s expansion to include platform-based gig workers and the groundbreaking creation of the Tamil Nadu Platform-Based Gig Workers’ Welfare Board. In order to address the inherent precarity and lack of job security in platform-mediated employment, these institutional and legal innovations mark important steps toward the formalization of gig work. They seek to grant access to welfare benefits like health insurance, accidental coverage, and pension plans.

Key words: Gig work, gig worker welfare board, group insurance scheme, social security, manual workers.

REASONS FOR CYBER CRIMES AND CYBER CRIMINALS

AUTHOR – MOHAMMAD FAISAL SHAIKH* & MS MANASVI AGARWAL**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – MOHAMMAD FAISAL SHAIKH & MS MANASVI AGARWAL, REASONS FOR CYBER CRIMES AND CYBER CRIMINALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 568-575, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the digital age, cybercrime threatens people, businesses, and governments worldwide. This article examines cybercrime incentives, cybercriminal traits, and cybercrime prevention challenges. Cybercriminals are driven by intellectual challenge, personal vendettas, political or ideological ideas, or money. These ideals drive cyberstalking, cyberbullying, cyber espionage, identity theft, cyberattacks, and financial crime. Cybercriminals range from major criminal groups to lone hackers seeking fame or a challenge, according to the report. Nation-states and politically motivated actors use cybercrime for espionage, political disruption, or strategic advantage, but business insiders are a threat driven by grievances or financial motivations. Each profile shows the complexity and diversity of cybercrime, underlining the need for specialized tactics against distinct offenders. Internet anonymity, a lack of knowledge and preparation, and weak legislative frameworks make cybercrime harder to fight. Cybercriminals often cross borders due to a lack of international coordination and outdated laws that have not kept up with cyber threats. This article recommends improving international law enforcement collaboration, cybersecurity infrastructure, and public campaigns and education to reduce cybercrime. Finally, to fight cybercrime, public awareness, technology, and law enforcement are needed. Global collaboration, solid security, and proactive education are the only ways to reduce cybercrime and make the internet safer for everyone.

Keywords: Cybercrime, Hacking, Financial fraud, Ransomware, Cyber espionage, Cyberbullying, Insider threats, Organized crime syndicates, Nation-state actors, Cybersecurity, Law enforcement, Anonymity, Digital threats, Online harassment, Cybercriminal profiles.

NAVIGATING LEGAL COMPLEXITIES IN INDIA’S CARBON CREDIT MARKET: ISSUES AND PROSPECTS

AUTHOR – KOMAL MISHRA* & AKSHAY KUMAR*

* STUDENT AT UTTARANCHAL UNIVERSITY, LAW COLLEGE, DEHRADUN

**ASST. PROFESSOR AT LAW COLLEGE DEHRADUN

BEST CITATION – KOMAL MISHRA & AKSHAY KUMAR, NAVIGATING LEGAL COMPLEXITIES IN INDIA’S CARBON CREDIT MARKET: ISSUES AND PROSPECTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 555-567, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s carbon credit market is poised to become a pivotal component of its climate governance and sustainable development strategy. As the country advances toward its commitments under the Paris Agreement and seeks to achieve net-zero emissions by 2070, the establishment of a robust carbon trading system has become imperative. However, the legal and regulatory architecture underpinning this market is still in a nascent and evolving phase, characterized by ambiguity, institutional overlaps, and regulatory fragmentation. This paper undertakes a critical analysis of the legal complexities surrounding carbon credits in India, with an emphasis on the structural and procedural challenges that hinder effective implementation and enforcement.

The article first explores the existing regulatory framework, including recent legislative developments such as the Energy Conservation (Amendment) Act, 2022, and their implications for carbon trading. It then identifies legal and institutional bottlenecks, such as the absence of a unified carbon registry, lack of clarity in market mechanisms, and issues related to the verification and validation of emission reductions. The study also examines the role of private actors in voluntary carbon markets, and the emerging legal risks associated with private registries, cross-border transactions, and greenwashing claims.

Additionally, the paper contextualizes India’s domestic efforts within the broader international legal landscape, analyzing the compatibility of Indian mechanisms with Article 6 of the Paris Agreement and other global carbon market standards. Finally, it outlines the prospects for legal reform, highlighting pathways for harmonizing regulatory approaches, improving transparency, and fostering investor confidence.

Through a comprehensive legal lens, this study aims to contribute to the discourse on carbon market development in India by offering actionable insights and policy recommendations to create a credible, equitable, and efficient carbon credit ecosystem.

KEYWORDS – Carbon Credit Market, Environmental Law, Climate Policy, Paris Agreement, Regulatory Framework

RIGHT TO FAIR TRIAL IN NDPS CASES: EXAMINING POLICE MISUSE OF INVESTIGATIVE POWERS

AUTHOR – TANAY KALIA* & NIKUNJ SINGH YADAV**

* STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR LAW AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

BEST CITATION – TANAY KALIA & NIKUNJ SINGH YADAV, RIGHT TO FAIR TRIAL IN NDPS CASES: EXAMINING POLICE MISUSE OF INVESTIGATIVE POWERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 538-554, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article examines with great concern the systematic withdrawal of fair trial rights in narcotic prosecutions under India’s Narcotic Drugs and Psychotropic Substances Act of 1985, with particular emphasis on police abuses of investigative powers. The NDPS Act, framed to combat drug trafficking, grants considerable leeway to enforcement agencies with respect to warrantless searches, reverse burden of proof, and restrictive bail conditions conflicting in many instances with constitutional safeguards guaranteed to Article 21. This study analyzes procedural shortcomings, drawing from doctrinal analysis and a case law review based largely on the period between 2023 and 2025, regarding major and minor cases involving unlawful search (in violation of Section 50), fabricated evidence (Section 42), and coerced confession (Section 53). Judicial pronouncements such as Pauline Nalwoga v. Customs and Lovepreet Singh Case recount violations that have recurred against the backdrop of systemic failure in enforcing procedural safeguards. The pattern of intrusion into investigations, procedural formalisms, and structural deficits against the accused, especially when they are marginalized, that has emerged through the findings is dire. Over the years, courts have been attempting to correct this imbalance through sophisticated interpretations in favor of substantive justice as against procedural compliance. Yet, a lack of coherence in the jurisprudence and legislative inertia have kept holding the way for meaningful reform. The article urges for the amendment of statutes, initiation of independent monitoring bodies, early provision of legal aid, and measures for the integrity of evidence to ensure that the NDPS is executed in conformity with constitutional standards. Such reform is necessary, lest the deterrent spirit of the Act gets transformed into institutionalized oppression, offending personal liberties and the credibility of the criminal justice system in India.

Keywords: NDPS Act, fair trial rights, Article 21, police misuse, reverse burden of proof, Section 50 compliance, procedural safeguards, judicial reform

THE PSYCHOSOCIAL EFFECT OF WINE SHOPS SITUATED IN RESIDENTIAL AREAS

AUTHOR – ADITYA SINGH* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS, LUCKNOW

BEST CITATION – ADITYA SINGH & DR. ARVIND KUMAR SINGH, THE PSYCHOSOCIAL EFFECT OF WINE SHOPS SITUATED IN RESIDENTIAL AREAS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 534-538, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rise in the number of wine shops in Indian residential localities has become a matter of increasing concern among citizens, policymakers, and health professionals. This research paper investigates the psychosocial effects that wine shops exert on neighbourhoods, particularly focusing on mental well-being, behavioural changes, social cohesion, and safety perceptions among residents. Through a mixed- methods approach involving both primary and secondary data collection, this study identifies key psychological stressors and social consequences emerging due to the presence of alcohol outlets in community spaces. The findings suggest a strong correlation between the proximity of wine shops and increased levels of anxiety, public disturbances, safety concerns, and the erosion of communal trust. This paper also explores policy implications and proposes recommendations for urban planning and public health management.

INTERNATIONAL COMMERCIAL ARBITRATION: HARMONISATION AND DIVERGENCE IN GLOBAL ENFORCEMENT MECHANISMS

AUTHOR – KINJAL KATARIA* & MS. GRISHMA BRAHMBHATT**

* STUDENT AT BBA LLB (BUSINESS LAW HONS.), UWSL, KARNAVATI UNIVERSITY

** ASSISTANT PROFESSOR AT UWSL, KARNAVATI UNIVERSITY

BEST CITATION – KINJAL KATARIA & MS. GRISHMA BRAHMBHATT, INTERNATIONAL COMMERCIAL ARBITRATION: HARMONISATION AND DIVERGENCE IN GLOBAL ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 520-533, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A synthesis of prominent academic publications in international commercial arbitration forms the scholarly backbone for new academic research. This paper presents a unified explanation of the history of international commercial arbitration together with its essential legal bases represented by the New York Convention and UNCITRAL Model Law as well as its procedural specifications. An extensive breakdown of key fundamentals which govern international arbitration especially through examining the revered right of party autonomy and essential requirements for procedural fairness. The worldwide adoption of the UNCITRAL Model Law needs additional research to study the different domestic legal perspectives on its enforcement. The evolving role of public policy defence in award enforcement and the emerging concept of arbitral precedent along with judicialization trends in international commercial arbitration are presented by the article as central research opportunities for academic study. The main objective of contemporary research in this domain seeks to advance the operational effectiveness and equity and certainty within international commercial arbitration as the leading method for transnational commercial dispute resolution. This study recognizes how modern trends including global expansion and technological transformation affect current arbitration practices and a comprehensive knowledge about the entire arbitral process to support practical applications and theoretical comprehension.

Keywords: International Commercial Arbitration, New York Convention, UNCITRAL Model Law.

ANTI-PAPER LEAK LAW OF 2024 AND ITS ROLE IN COMBATING CORRUPTION IN PUBLIC EXAMINATIONS: A CRITICAL STUDY

AUTHOR – PRIYAL KANOJIYA* & MS. SAUMYA SHUKLA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSISTANT PROFESSOR LAW AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – PRIYAL KANOJIYA & MS. SAUMYA SHUKLA, ANTI-PAPER LEAK LAW OF 2024 AND ITS ROLE IN COMBATING CORRUPTION IN PUBLIC EXAMINATIONS: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 510-519, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Anti-Paper Leak Law of 2024 marks a significant legislative step towards restoring integrity and transparency in India’s public examination system. Enacted in response to recurring incidents of question paper leaks across various competitive and recruitment exams, the law introduces stringent penal provisions, technological safeguards, and institutional accountability to detkeer malpractice. This critical study analyzes the legal, administrative, and ethical dimensions of the law, examining its effectiveness in curbing corruption and reinforcing public trust in merit-based evaluation. It explores the scope of its application, enforcement mechanisms, and the challenges faced in its implementation. By evaluating key case studies and judicial responses, the paper highlights both the strengths and limitations of the legislation. The study also situates the law within the broader framework of education reforms and anti-corruption strategies. Ultimately, it offers policy recommendations for enhancing the law’s efficacy, ensuring justice for affected candidates, and fostering a fair, competitive examination environment.

Keywords: Anti-Paper Leak Law, Examination Integrity, Systemic Corruption, Legal Accountability, Merit-Based Evaluation

CORPORATE MANSLAUGHTER WITH REFERENCE TO CORPORATE CRIMINAL LIABILITY : A LEGAL ANALYSIS

AUTHOR – ANSHUL BHATT* & DR ABHIRANJAN DIXIT**

* STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR LAW AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

BEST CITATION – ANSHUL BHATT & DR ABHIRANJAN DIXIT, CORPORATE MANSLAUGHTER WITH REFERENCE TO CORPORATE CRIMINAL LIABILITY : A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 503-509, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Companies often act in more corrupted and irresponsible way than people as they have more power to do harm and do not face same level of punishments as they are the not able to feel guilt, kindness and thankfulness.

What is a corporation and how it acts criminally and what are the remedies provided to the victim all of this will be discussed under this article. As we know a corporation is an artificial legal entity that is being made to render the profit , it has the separate legal entity from its owners and stake holders and also the corporation can sue and can be sued. Corporation is created by share holders , individuals or stock holders and also it can take loans, have assets ,Can take loan and can enter into contract.

This study will tell us about the concept of corporate criminal liability and corporate manslaughter with proper legal analysis that how the companies can be sued for their wrong actions or wrong doing. What are the legal penalties that can be imposed on the corporations for their wrong doings. As we know the crimes are increasing day by day in the corporate sector and some crimes are conducted or performed by the corporation due to its gross negligence or intention to render more profit by cost cutting and not providing proper safety measures which may result in corporate crime.

Key words: corporate, liability, manslaughter, criminal , vicarious ,crime.