Author: PRASANNASRI26092001

WORKPLACE DIGNITY AND SEXUAL HARASSMENT LAWS: A CRITICAL ANALYSIS OF LEGAL AND PRACTICAL CHALLENGES

AUTHOR – SIMRAN JAISWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY NOIDA UTTAR PRADESH

BEST CITATION – SIMRAN JAISWAL, WORKPLACE DIGNITY AND SEXUAL HARASSMENT LAWS: A CRITICAL ANALYSIS OF LEGAL AND PRACTICAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 439-453, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Workplace sexual harassment constitutes a serious violation of constitutional and human rights, undermining equality, dignity, liberty, and safe working conditions. It adversely affects employees’ mental well-being, professional autonomy, and equal participation in employment. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), following the landmark Vishaka v. State of Rajasthan judgment, marked a significant milestone. The Supreme Court in Vishaka recognized sexual harassment as a violation of fundamental rights under Articles 14, 15, 19, and 21 of the Constitution.

This paper examines the conceptual and legal dimensions of workplace sexual harassment through constitutional principles, statutory provisions, judicial precedents, and India’s international obligations, particularly CEDAW and ILO standards. It analyses various forms of harassment including quid pro quo, hostile work environment, verbal, non-verbal, physical, and emerging cyber harassment highlighting how misconduct extends to psychological intimidation and digital platforms in virtual workplaces.

The study evaluates the impact on women’s professional opportunities, economic independence, and mental health, while scrutinizing employers’ obligations to constitute Internal Committees, implement preventive mechanisms, and establish effective redressal systems. Despite progressive legislation, persistent challenges such as poor implementation, lack of awareness, fear of retaliation, social stigma, procedural gaps, and inadequate institutional compliance remain.

The paper concludes that ensuring harassment-free workplaces is a constitutional and human rights imperative. It recommends stricter enforcement of the POSH Act, regular awareness programmes, enhanced compliance monitoring, gender-sensitive policies, and adaptive frameworks to address technological advancements in modern employment. Continuous judicial and legislative evolution is essential to uphold dignity, equality, and safety at work.

Keywords: Workplace Sexual Harassment, POSH Act, Constitutional Rights, Gender Equality, CEDAW, Hostile Work Environment, Workplace Dignity, Human Rights.

LEGAL FRAMEWORK AND CHALLENGES OF COOPERATIVE BANKING IN INDIA

AUTHOR – RADHIKA, LLM STUDENT AT SANT BABA BHAG SINGH UNIVERSITY VILLAGE KHIALA PADHIANA DIST JALANDHAR

BEST CITATION – RADHIKA, LEGAL FRAMEWORK AND CHALLENGES OF COOPERATIVE BANKING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 434-438, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Cooperative banking in India occupies an important place in the country’s financial system, particularly in rural and semi-urban areas. Cooperative banks function on the principles of mutual assistance, democratic management, and financial inclusion. These institutions play a significant role in providing affordable credit to farmers, small traders, artisans, and weaker sections of society. The legal framework governing cooperative banks in India is complex because cooperative banks are regulated by both banking laws and cooperative society laws. The Reserve Bank of India (RBI), National Bank for Agriculture and Rural Development (NABARD), state governments, and Registrars of Cooperative Societies jointly supervise cooperative banks. Despite their contribution to rural development and financial inclusion, cooperative banks face several legal and operational challenges such as dual regulation, political interference, weak governance, corruption, financial instability, and rising non-performing assets (NPAs). This research paper examines the legal framework governing cooperative banks in India and analyses the major challenges faced by the sector.

DIGITAL EXPANSION AND WHITE-COLLAR CRIME: EXAMINING FRAUD AND REGULATORY FAILURES IN INDIA’S HEALTHCARE SYSTEM

AUTHOR – NUR NAHAR AMIN, SYMBIOSIS LAW SCHOOL HYDERABAD

BEST CITATION – NUR NAHAR AMIN, DIGITAL EXPANSION AND WHITE-COLLAR CRIME: EXAMINING FRAUD AND REGULATORY FAILURES IN INDIA’S HEALTHCARE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 426-433, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

White collar crime within the healthcare sector has become apparent as an outstanding governance concern in India as healthcare fraud is a serious issue, and when it is committed by customers, it becomes a more serious issue in India’s healthcare system, which not only affects its stability but also efficiency and quality of services. Now there is an expansion of digital health records, government insurance schemes, private healthcare institutions, and even opportunities for activities that are fraudulent such as false insurance claims, manipulated medical bills, and there is an increase in unnecessary treatments. This study examines how fraud like this is common as it takes different forms and how it impacts healthcare institutions. However, there are government initiatives like Ayushman Bharat and the National Digital Health Mission which was introduced for the purpose to improve transparency and access and also existing preventive mechanisms still remain inadequate. The study suggests that advanced technologies such as Artificial Intelligence, Machine learning, and blockchain, and with these technologies, there are stronger regulatory frameworks, increased public awareness, and improved public-private collaboration which are essential in order to prevent fraud. Overall, the research emphasises the need for comprehensive policy reforms in order to ensure a more transparent, reliable, and sustainable healthcare system in India.

Keywords: White-Collar Crime, Healthcare Fraud, Digital Healthcare, Insurance Fraud, Artificial Intelligence

VICTIM PARTICIPATION IN CRIMINAL JUSTICE: AN ANALYSIS OF ITS ROLE IN ENHANCING JUSTICE DELIVERY IN INDIA

AUTHOR – ANIL KUMAR YADAV, SENIOR RESEARCH FELLOW AT FACULTY OF LAW, UNIVERSITY OF DELHI

BEST CITATION – ANIL KUMAR YADAV, VICTIM PARTICIPATION IN CRIMINAL JUSTICE: AN ANALYSIS OF ITS ROLE IN ENHANCING JUSTICE DELIVERY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 417-425, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I841

Abstract

The increasing recognition of victims within criminal justice systems marks a significant departure from the traditional state-centric model of adjudication. This article critically examines the nature, scope, and effectiveness of victim participation in the Indian criminal justice system, situating it within comparative frameworks drawn from the United Kingdom and the United States. It argues that while victim participation contributes to procedural fairness and victim satisfaction, its transformative potential remains constrained by the structural logic of adversarial systems. Through a detailed doctrinal analysis, supported by theoretical and comparative insights, the article demonstrates that victim participation in India remains fragmented and weakly implemented. It further contends that meaningful participation requires structural coherence, enforceability, and institutional support rather than mere formal recognition. The article concludes by advancing a conditional model of victim participation that balances inclusion with the fundamental principles of criminal justice.

MISLEADING ADVERTISEMENTS IN INDIA: CONTENT-BASED LIABILITY TO PLATFORM GOVERNANCE IN THE DIGITAL AGE

AUTHOR – ANANYA SHARMA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – ANANYA SHARMA,MISLEADING ADVERTISEMENTS IN INDIA: CONTENT-BASED LIABILITY TO PLATFORM GOVERNANCE IN THE DIGITAL AGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 336-347, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I833

Abstract

In 2020 the digital economy has masked distinctions between traditional advertising, influencer marketing and immersive, sensory real time marketing, creating a playful ecosystem of commercial influence that evades regulation in India.

This chapter is in five parts. First, it provides the constitutional framework for regulating commercial speech under Article 19(1)(a) that evolves from the early ostracism of commercial expression in Hamdard Dawakhana v. Union of India to its recognition in Tata Press Ltd. v. MTNL, and its relation with the constitutional right of informational privacy in K.S. Puttaswamy v. Union of India. Second, it describes the flaws of the existing regulatory paradigm with respect to the emphasis on content-based definitions of misdemeanor, the platform safe harbor doctrine that exempts the most commercially important players from the regulatory net, the misleadingly low caps on penalties and institutional disjointedness that promotes rational non-compliance (“non-compliance”).

It counters direct importation with smart adaptation: it promotes regulatory transplantation, but Indian adaptation of regulatory principles to its institutional characteristics and constitutional structures. At the heart of it lies the argument that, for India to manage commercial influence, a reconceptualization of India’s digital content control from violation of content to ecosystem is crucial.

This requires a cohesive framework respecting graduated platform liability, binding traceability requirements of disclosure and transparency regarding the workings of algorithms, penalties aligned with turnover and the creation of a formal co-regulatory structure with the CCPA, the Data Protection Board of India and ASCI. Without this reframing, incremental legislative changes will continue to offer normative aspirations without efficacy norms on paper that have no teeth.

CRIMINAL PROFILING AND ITS EVIDENTIARY VALUE IN THE PROSECUTION OF SERIAL KILLERS

AUTHOR – SALONI SINGH, LLM STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – SALONI SINGH,CRIMINAL PROFILING AND ITS EVIDENTIARY VALUE IN THE PROSECUTION OF SERIAL KILLERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 408-416, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Serial homicide represents one of the most complex and disturbing forms of violent crime within the criminal justice system. Unlike ordinary murders that may arise from sudden anger, personal rivalry, or emotional provocation, serial killings involve multiple murders committed over a prolonged period with a recurring behavioural or psychological pattern connecting each offence. The offender usually experiences a “cooling-off period” between killings, during which they temporarily return to normal life before repeating the act. This repetitive nature of serial homicide reflects deep-rooted psychological compulsions and distinguishes serial killers from other categories of violent offenders.

JUVENILE DELINQUENCY: AN ANALYTICAL STUDY OF ITS CAUSES AND PREVENTIVE MEASURES

AUTHOR – DR. BRUHASPATI SABAR* & MANTREE MAJHI**

* ASSISTANT PROFESSOR LINGARAJ LAW COLLEGE, BERHAMPUR, ODISHA

** 2 ND YEAR  LLB STUDENT OF LINGARAJ LAW COLLEGE , BERHAMPUR , ODISHA

BEST CITATION – DR. BRUHASPATI SABAR & MANTREE MAJHI, JUVENILE DELINQUENCY: AN ANALYTICAL STUDY OF ITS CAUSES AND PREVENTIVE MEASURES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 401-407, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

   Juvenile delinquency is a serious problem in India.Increasing involvement of juvenilesin crime activities has emerged as a matter of serious concern in the contemporary era, raising complex ethical, legal and procedural challenges. In this context(Care and Protection of Children) Act 2015 represents a significant legislative advancement in the domain of modern Juvenile Justice, aiming to address these challenges through a comprehensive and child-centric legal framework. The cause of Juvenile delinquents is multifaceted angels. Poverty, social inequality, lack of education and family dysfunction are often contributing on juvenile delinquency. It evaluates an effectiveness of legal framework to check such crime in every corner of the country. The resercher adopts a doctrinal methodology and analysis the existing legal frame works on such Information Technology Act 2000& Juvenile justice (Care and Protection of children ) Act 2015. This paper aims at discussing the why minor are more involving themselves into committing offences. Finally, the study suggests on preventive and rehabilitative measure of the offenders and could have allowed them in main stream of any society.

Keywords:    Juvenile delinquency, Causes, Legal framework, Preventive, and   Justice

COMPENSATION JURISPRUDENCE IN CUSTODIAL DEATH CASES: THE CONSTITUTIONAL TORT DOCTRINE FROM NILABATI BEHERA TO THE PRESENT

AUTHOR- SANJAY PAUL DINAKAR, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SANJAY PAUL DINAKAR,COMPENSATION JURISPRUDENCE IN CUSTODIAL DEATH CASES: THE CONSTITUTIONAL TORT DOCTRINE FROM NILABATI BEHERA TO THE PRESENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 390-400, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I838

ABSTRACT

Custodial death—the death of a person occurring while under the compulsive control of state detention authority—constitutes one of the gravest violations of the fundamental right to life guaranteed under Article 21 of the Constitution of India. This research paper presents a systematic and critical analysis of the compensation jurisprudence developed by Indian courts in response to custodial deaths, with particular focus on the landmark decision in Nilabati Behera v. State of Orissa, (1993) 2 SCC 746. The paper examines how the Supreme Court of India has, through a progressive line of constitutional decisions commencing with Rudul Sah v. State of Bihar (1983) and culminating in the doctrinal crystallisation achieved in Nilabati Behera, constructed a public law remedy of monetary compensation that is doctrinally distinct from, and not dependent upon, the common law action for damages in tort. The central jurisprudential contributions of Nilabati Behera—the rejection of sovereign immunity as a defence in proceedings under Articles 32 and 226 of the Constitution, and the affirmation that compensation constitutes a constitutionally appropriate remedy for infringement of fundamental rights by state agents—are subjected to detailed doctrinal analysis. The paper further traces the post-Nilabati jurisprudence, identifying doctrinal achievements and persistent limitations including quantum inconsistency, the substitution of compensation for criminal accountability, and structural access barriers. A comparative analysis of analogous frameworks under the European Convention on Human Rights, the United Kingdom’s Human Rights Act 1998, and the United States Section 1983 mechanism yields lessons for reform. The paper concludes with evidence-based legislative, institutional, and doctrinal recommendations directed at strengthening the compensation framework as an instrument of accountability, deterrence, and justice.

Keywords: Custodial Death; Constitutional Tort; Public Law Remedy; Nilabati Behera; Article 21; Sovereign Immunity; Writ Jurisdiction; State Liability; Quantum of Compensation; Comparative Human Rights Law.

REGULATING THE UNREGULATED: A COMPARATIVE LEGAL ANALYSIS OF CRYPTOCURRENCY FRAMEWORKS IN INDIA, THE EUROPEAN UNION, AND THE UNITED STATES

AUTHOR – VIKAS MISHRA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), PUNE LAVASA

BEST CITATION – VIKAS MISHRA, REGULATING THE UNREGULATED: A COMPARATIVE LEGAL ANALYSIS OF CRYPTOCURRENCY FRAMEWORKS IN INDIA, THE EUROPEAN UNION, AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 375-389, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I837

ABSTRACT

The legal and regulatory issues pertaining to cryptocurrencies in the US, EU, and India are compared in this essay. The analysis is set against the backdrop of the WazirX hacking incident in 2024, which revealed serious weaknesses in India’s virtual digital asset regulations. The lack of comprehensive regulation has led to uncertainties over ownership rights, investor protection, regulatory monitoring, and responsibility in cases of financial loss, despite the growing acceptance and taxation of cryptocurrencies in India. Currently, Virtual Digital Assets (VDAs) in India are subject to a 30% tax and a 1% Tax Deducted at Source (TDS), but they are not officially recognised as property or legal tender under what academics refer to as a “taxed but unregulated” framework.

The study also looks at the different regulatory strategies used by the US and the EU. While the United States still uses a disjointed agency-driven paradigm with overlapping jurisdiction between the SEC and CFTC, the European Union’s Markets in Crypto-Assets Regulation (MiCA) is the first comprehensive legislative framework for crypto-assets. However, recent events in both countries show efforts to improve supervision and harmonise regulations. Through this comparative analysis, the report makes the case that cryptocurrency regulation around the world is still in its infancy, with each country facing unique institutional and legal obstacles. It ends by outlining important lessons that India can learn from the US and EU frameworks while creating its own cogent and well-balanced cryptocurrency regulatory system.

Keywords: Cryptocurrency Regulation, Virtual Digital Assets, MiCA, SEC, CFTC, RBI, Property Law, Tax, AML, Blockchain, Legal Frameworks, Comparative Law

DRUG ADDICTION AS A PUBLIC HEALTH CRISIS: LEGAL FRAMEWORKS, POLICY GAPS, AND THE WAY FORWARD

AUTHOR – PRABHU SURAJ J* & Mr. AJAY KRISHNA**

* 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 – PRABHU SURAJ J & Mr. AJAY KRISHNA, DRUG ADDICTION AS A PUBLIC HEALTH CRISIS: LEGAL FRAMEWORKS, POLICY GAPS, AND THE WAY FORWARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 369-374, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Drug addiction in India has gradually evolved from being viewed solely as a criminal issue to a more complex concern involving public health, human rights, and social welfare. Despite the presence of a stringent legal framework under the Narcotic Drugs and Psychotropic Substances Act, 1985, substance abuse continues to rise across different sections of society, particularly among the youth. This raises important questions about the effectiveness of a system that relies heavily on punishment while offering limited emphasis on treatment and rehabilitation.

This article critically examines the existing legal framework governing drug control in India and evaluates whether it adequately addresses addiction as a public health issue. It explores the role of the judiciary, the gap between legislative intent and practical implementation, and the social stigma that continues to surround substance abuse. Drawing from both doctrinal analysis and empirical observations, the study highlights the limitations of a purely punitive approach.

The article argues that drug addiction cannot be effectively addressed without integrating healthcare, awareness, and rehabilitation into the legal response. It concludes by suggesting that a balanced and humane approach, combining legal regulation with public health strategies, is essential for meaningful reform.

Keywords: Drug addiction, NDPS Act, public health, rehabilitation, criminalization, stigma, policy reform