Author: PRASANNASRI26092001

  • “CURSED LIVES: THE UNADDRESSED PERILS OF MANUAL SCAVENGERS IN INDIA!”

    “CURSED LIVES: THE UNADDRESSED PERILS OF MANUAL SCAVENGERS IN INDIA!”

    AUTHOR – ADV. SIDDHI GOKULDAS NAIK, ADVOCATE/ ASST.PROF IN LAW AT V.M.SALGAONCAR COLLEGE OF LAW

    BEST CITATION – ADV. SIDDHI GOKULDAS NAIK, “CURSED LIVES: THE UNADDRESSED PERILS OF MANUAL SCAVENGERS IN INDIA!”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1147-1160, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    In India Garbage Collectors, Sweepers, Sanitation workers, and Manual Scavengers mostly belong to the Low Caste groups. Manual Scavenging is perhaps deemed to be one of the worst existing signs of being a Dalit or an Untouchable. It is an occupation involving the collection of human excreta and cleaning of drains with bare hands. The present article is an attempt to give an integrated outlook on Manual Scavenging in Modern India.

    The main objective of the article is to provide homogenous information and assessment of the plight of Manual Scavengers in India. The article begins with a general introduction, briefing about the background of the study. A thorough review of literature is given followed by defining the term, Manual Scavenging. Further, the article has discussed the history, origin, and prevalence of the practice in India.

    Detailed analysis of Women Scavengers is provided followed by the impacts of such a practice in society. The later part of the article gives a statistical overview of data relating to the existing Manual Scavengers, the number of deaths, and the presence of dry latrines in India. It further highlights the recent instances of deaths.

    Further, the article has elaborated on the constitutional, legislative, Judicial, and International approach towards Manual Scavenging. The Loopholes in the Legislation are also underlined. The author has attempted to understand the reasons for its existence even today despite the efforts taken and the situation during the COVID-19 times. The last part of the article provides for the author’s observatory remarks followed by recommendations and conclusion.

    KeywordsManual Scavenging, Scavengers, Dalits, Excreta, Sewage, Dry Latrines.

  • THE BURDEN OF SURVIVAL: CAUSES OF FARMER SUICIDES

    THE BURDEN OF SURVIVAL: CAUSES OF FARMER SUICIDES

    AUTHOR – HARSHDEEP RAVINDRA DEORE & SOHAM SANTOSH BANDAL, STUDENTS AT KES SHRI JAYANTILAL H PATEL LAW COLLEGE

    BEST CITATION – HARSHDEEP RAVINDRA DEORE & SOHAM SANTOSH BANDAL, THE BURDEN OF SURVIVAL: CAUSES OF FARMER SUICIDES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1138-1146, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    What seems to be a social and economic crisis in India is the increasing number of farmer suicides. This issue is often ignored by the government. In this paper, I investigate the causes of the so called“silent crisis,” paying particular attention to the condition of tenant farmers who are most impacted and often ignored as far as the statistical summaries go. The story of Archana Chinchore, a farmer widow from Maharashta, illustrates the consequences of burdening debt that comes along with deep seated negligence to rural agriculture. Nearly Shocking: India in between 1991to 2001has had 8 million Indian farmers stop farming as a profession because it was too risky. This has mostly gone unnoticed, for these lesser- known sections of society like Dalits and Adivasis, which are affected, are further silenced by need of possessing landownership papers like 7/12 document. During this time in Maharashtra alone, 822 farmers suicides were registered in the year 2024.

    Farmers face a myriad of issues which become even more complex due to systemic failures like predatory lending and climate shocks. The resulting debt leads to a myriad of issues like poverty, stigma, debt and even education, especially for surviving spouses like Archana who were left with the husbands bills.This crisis is not strictly economic but rather an intricate combination of social, economic and ecological problems that stem from decades of undermined policy.

    To tackle these layered forms of anguish, the solutions ought to be multi dimensional. They should also include may other actions like debt cancellation, just pricing of the crops, and implementation of climate smart agriculture. Moreover, to lessen the impact of these unfortunate events, mental health interventions for the affected families need to be attending. Without active and transparent relief aid funding under political promises of loan write- offs and minimum support prices (MSP), there is bound to be failure.

    This paper, however, proposes a caring change in policies so that farmers are not treated as mere numbers, but as contributors to the farming economy. We shall advance, through supporting landlord’s rights and gendered approaches to climate change, towards actions which deal with the issues that cause farmer suicides in India. This must urgently be heard to stop the seeming endless suicides by bringing to attention the plight of farmers.

    Keywords: farmer suicides, tenant farmers, agrarian distress, debt relief, climate adaptation, mental health… etc.

  • CORPORATE INSOLVENCY AND DISTRESSED ASSETS: A LEGAL PERSPECTIVE

    CORPORATE INSOLVENCY AND DISTRESSED ASSETS: A LEGAL PERSPECTIVE

    AUTHOR – MEDHA UPADHYAY, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

    BEST CITATION – MEDHA UPADHYAY, CORPORATE INSOLVENCY AND DISTRESSED ASSETS: A LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1128-1137, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The Insolvency and Bankruptcy Code (IBC) has emerged as a paradigm shift in India’s approach to distressed asset management, significantly redefining the insolvency landscape.
    Before the passing of the law, the process of corporations’ distress was accompanied by judicial fragmentation, long periods of time, and low rates of recovery which affected the confidence of the creditors and the economy. The IBC provided a unified and structured approach to address the NPAs in a time-sensitive manner, thereby strengthening the creditor rights. This article delves into the impact that the IBC has had on distressed assets, examining how it has improved recovery rates, supported creditors, and attracted foreign investment in India’s distressed asset market. It also explores the critical role of the National Company Law Tribunal (NCLT) in shaping the insolvency resolution landscape. However, despite its successes, the Code faces several challenges, including procedural delays, judicial uncertainty, and asset valuation. This article suggests strategic improvements and reforms with a view to enhance India’s insolvency framework to ensure that the insolvency code is implemented in a manner to address the core problems faced by firms.

    KEYWORDS: Distressed Assets, Financial Distress, IBC, Asset recovery, NCLT, ARCs.

  • A CRITICAL ANALYSIS OF POCSO ACT, 2012 IN PREVENTING OFFENCES AGAINST CHILDREN

    A CRITICAL ANALYSIS OF POCSO ACT, 2012 IN PREVENTING OFFENCES AGAINST CHILDREN

    AUTHOR – NIVETHA T, GUEST LECTURER AT DEPARTMENT OF HUMAN  RIGHTS AND DUTIES EDUCATION, SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI.

    BEST CITATION – NIVETHA T, A CRITICAL ANALYSIS OF POCSO ACT, 2012 IN PREVENTING OFFENCES AGAINST CHILDREN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1122-1127, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

                 A Child is God’s most pure and innocent creation, unaffected by social evils, sins, or materialistic and worldly manipulations of any kind. Sexual offenses against modern women are rising alarmingly on a global scale. One of the top five nations in the world with the highest rate of sexual offenses is India.  In India, fifty three percent of children faced some kind of sexual assault in their lives. The existing laws have not been able to stop the commission of such horrible offenses, and this rate is only going to rise with time. It is widely acknowledged that the Protection of Children from Sexual Offenses (POCSO) Act, 2012, upholds the rights of children who are vulnerable to sexual abuse. The 2012 Act, which established judicial authorities to protect children’s rights and established an effective right enforcement system, was created in response to the sharp rise in sexual offenses committed against children. This paper covers the Impact of POCSO in Preventing Offences Against Children. This makes it necessary to examine the POCSO Act and its challenges on Indian society.

    Key words: Child, POCSO, Offences, Punishments.

  • STRAY DOGS WITHIN THE LEGAL FRAMEWORK: BALANCING OF PUBLIC SAFETY AND ANIMAL WELFARE

    STRAY DOGS WITHIN THE LEGAL FRAMEWORK: BALANCING OF PUBLIC SAFETY AND ANIMAL WELFARE

    AUTHOR – JOS K PRATHEESH, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

    BEST CITATION – JOS K PRATHEESH, STRAY DOGS WITHIN THE LEGAL FRAMEWORK: BALANCING OF PUBLIC SAFETY AND ANIMAL WELFARE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1107-1114, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The issue of stray dogs remains a significant challenge in India, sparking concerns and debates over public safety, legal accountability, and animal welfare. The rising population of stray dogs has resulted in frequent incidents of human-animal conflict, including attacks on individuals and the transmission of diseases like rabies. At the same time, legal provisions under various statutes mandate the protection of these animals, emphasizing humane treatment and prohibiting harm, thereby creating a complex legal and ethical dilemma. This research aims to address and resolve this complex dilemma, in order find a solution for this quandary. The judiciary, as the guardian of constitutional rights, has played a crucial role in interpreting the law, balancing human safety with the protection of stray animals, and establishing guidelines for their management. As modern scenarios demand clearer interpretations of statutes by the judiciary, this research paper largely examines the judicial response to stray dog-related concerns with the help of landmark precedents, legislative measures, and municipal responsibilities, relying primarily on a doctrinal methodology. The research paper also attempts to concentrate on international statutes and other related concerns. The paper aims to propose practical pathways for harmonizing these competing interests in contemporary contexts.

    Keywords: Stray Dogs, Public Safety, Animal Welfare, International Statutes, Legal Framework, Municipal Responsibility.

  • CYBER CRIME AND CYBER LAW: A COMPREHENSIVE ANALYSIS

    CYBER CRIME AND CYBER LAW: A COMPREHENSIVE ANALYSIS

    AUTHORS – KRISHAN CHAND* & MS. NAVDEEP KAUR**, LLM SCHOLAR* & ASSISTANT PROFFESOR** AT LLM AT SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR

    BEST CITATION – KRISHAN CHAND & MS. NAVDEEP KAUR, CYBER CRIME AND CYBER LAW: A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1107-1114, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

    “Cyber security is no longer just an IT issue, but the responsibility of every individual to ensure trust in this digital world.” Nappo Stephane Regulations pertaining to computer technology, the internet, and digital communications are all included in cyber law. It covers a wide range of topics, including online transactions, cyber security, cybercrime, intellectual property rights, data privacy, and data protection. Cybercrime, on the other hand, describes unlawful actions involving computers, computer networks, and the internet. Cybercrime includes data theft, fraud, online harassment, hacking, and the dissemination of malicious software. This is carried out via digital channels. DVDs, pen drives, flash drives, microchips, and other devices are used by the thief. The primary problem is that the crime takes a terrible form, especially when it comes to copyright violations, child pornography, etc. Hacking, fishing, cyberstalking, online harassment, virus assaults, cyberfraud, cyberterrorism, and other forms of cybercrime are all included in the study. The difficulties of cybercrime, its jurisdictions, the speed at which technology is developing, the gathering and prevention of evidence, etc., are also highlighted by this. It also examines the laws and rules pertaining to cybercrime that have been put in place by the government and international organizations. This covers international corporate frameworks, data protection and privacy legislation, cybercrime laws, and national cyber security policies.

    Keywords: technology, hacking, data theft, cybercrime, privacy, and protection.

  • AHMEDABAD SERIAL BOMB BLAST CASE

    AHMEDABAD SERIAL BOMB BLAST CASE

    AUTHOR – TEESHA C, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

    BEST CITATION – TEESHA C, AHMEDABAD SERIAL BOMB BLAST CASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1091-1106, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    “No religion is responsible for terrorism. People are responsible for violence and terrorism”

    – Barrack Obama

    The 2008 Ahmedabad serial bomb bombings were among India’s bloodiest terror attacks, which were carried out by the Indian Mujahideen (IM) in a coordinated act of violence. On July 26, 2008, 21 bombs exploded within 70 minutes in crowded public areas, killing 56 people and injuring nearly 200. The Islamic Movement claimed responsibility for the bombings, alleging retaliation for the 2002 Gujarat riots.

     A comprehensive inquiry led to the detention of several suspects, and the prosecution relied on forensic evidence, CCTV video, technological communications, and witness testimony to prove guilt. The defense argued a lack of direct evidence, procedural flaws, forced confessions, and unfair inference. On February 8, 2022, 49 suspects were convicted by a special court in Ahmedabad after long-drawn legal procedures. This is one of the historical judgments that had condemned 38 people to death and 11 to life imprisonment, thus recording the highest death sentences awarded to a person in a single case in India.

     The case set a judicial precedent in the counterterrorism cases, which stirred debates on issues of justice, due process, death penalty, and national security. It showcased India’s powerful stance against terrorism but also inflamed controversies about human rights, fair trial, and the efficacy of the judicial system in addressing the extremist threats.

    Keywords: Ahmedabad bomb blasts, Indian Mujahideen, terrorism, counterterrorism, forensic evidence, CCTV footage, 2002 Gujarat riots, capital punishment, death sentence, fair trial, national security, justice.

  • CHILD BEGGING IN INDIA: A REALITY OR SCAM?

    CHILD BEGGING IN INDIA: A REALITY OR SCAM?

    AUTHOR – ADV. SIDDHI GOKULDAS NAIK, ADVOCATE/ ASST.PROF IN LAW AT V.M.SALGAONCAR COLLEGE OF LAW

    BEST CITATION – ADV. SIDDHI GOKULDAS NAIK, CHILD BEGGING IN INDIA: A REALITY OR SCAM?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1084-1091, APIS – 3920 – 0001 & ISSN – 2583-2344.

    INTRODUCTION

    “Naked feet, walking on the street.

    Tiny palms, begging for a treat.

    Only if we could look deep into their eyes,

    We will know where the reality lies!”

    Childhood is regarded as the formative phase in every person’s life. Having a beautiful childhood is indeed the most cherished gift of all. Unfortunately, not every child is blessed with such a fortune.

    In today’s hectic pace of life, we come across so many people. A popular sight on most of the Indian streets comprises innocent children with tangled hair, teary eyes, malnourished bodies, and outstretched hands constantly knocking at our windows, peeping inside the cars begging for either money or food. This is more common at Traffic signals, Temples, Mosques, and Churches. Many people shoo them away while some prefer giving them money. But have we ever thought, What must be the lifestyle of these children? What could be their dreams? Do they beg willingly or are they forced into this dirty job? There are innumerable questions, which are perhaps difficult to answer.

  • LEGAL SAFEGUARDS FOR CONSUMERS IN E-COMMERCE TRANSACTIONS: AN ANALYTICAL STUDY

    LEGAL SAFEGUARDS FOR CONSUMERS IN E-COMMERCE TRANSACTIONS: AN ANALYTICAL STUDY

    AUTHOR – SIDDHARTH KUMAR PANDEY, STUDENT AT NETAJI SUBHAS UNIVERSITY

    BEST CITATION – SIDDHARTH KUMAR PANDEY, LEGAL SAFEGUARDS FOR CONSUMERS IN E-COMMERCE TRANSACTIONS: AN ANALYTICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1050-1057, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTARCT

    The rise of the consumer protection movement is a recent development in today’s digital age. The consumer protection agency is tasked with ensuring that the essential needs of the vast consumer base in the nation are fulfilled in line with legal standards. Implementing legal measures to protect consumers is improving their status in society and enhancing their quality of life. E-commerce has transformed the global infrastructure for online business and trade. Today, e-consumers can access a variety of options, convenient shipping solutions, online payment methods, and e-banking services. Consumer Protection, which is grounded in the idea of e-consumers, is an effort made by consumers themselves to defend their rights in the digital marketplace. E-consumers are individuals who buy, use, or sell products and services online. The term has replaced the traditional idea of ‘buyer beware.’ The concept of consumerism can be traced back to ancient times, but e-consumerism is a more contemporary phenomenon. The rise of e-commerce has led to the development of the notion of e-consumerism. E-commerce and e-consumerism are linked to achieve a balance between e-commerce profitability and e-consumer satisfaction. Consumers, viewed as the primary force in the marketplace, need legal safeguards to protect their rights and interests. The enactment of the Consumer Protection Act, 2019 represents a major milestone in the consumer advocacy movement within the country. Its goal is to improve the safeguarding of consumer rights. This legislation is notably progressive and comprehensive, as it addresses all types of goods and services. Due to the rapid expansion of the internet, e-commerce transactions have seen substantial growth, especially following the COVID-19 pandemic.

    Keywords: E-Commerce, Infrastructure, Consumer, Proliferation.

  • A STUDY ON IMPACTS OF FAILURE OF RIGHT TO EDUCATION THAT REFLECTS OVER CHILD LABOUR PRACTICES IN TAMILNADU

    A STUDY ON IMPACTS OF FAILURE OF RIGHT TO EDUCATION THAT REFLECTS OVER CHILD LABOUR PRACTICES IN TAMILNADU

    AUTHOR – HARIHARAN A, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

    BEST CITATION – HARIHARAN A, A STUDY ON IMPACTS OF FAILURE OF RIGHT TO EDUCATION THAT REFLECTS OVER CHILD LABOUR PRACTICES IN TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1069-1077, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Children in Indian culture have consistently been a theme less spoken or talked about. The reasons for this can be traced back to the socio-social foundation of the nation. On the planet youngsters are taken as the best blessing to mankind. Hence every general public connects its future to the current status of its children. The ramifications are enormous. Child labour can cause severe physical and emotional injury, as well as death. Slavery and sexual or economic exploitation are possible outcomes. In almost every case, it denies children access to education and health care, limiting their fundamental rights and jeopardizing their futures. Education is a right that everyone has. Technical and professional education must be widely available, and higher education must be open to everybody on a merit-based basis. I have used empirical study in this research. This empirical study includes a self tested questionnaire which contains yes or no questions and other choices accordingly by using the survey sampling method. The sample is 200. A few proposals gathered by the creator, from academicians and furthermore from the arrangement and plan records about the method of annihilating the issues, are summarized in the paper. At long last the layout of the arrangement and systems as recognized are likewise given with creator’s proposals. The paper distinguishes that a great deal of strategy plans have been worked; however there is a critical requirement for a social development for this issue to truly get tended to and settled.

    KEYWORDS : Child labour, Right to education, Poverty, exploitation , Literacy.