Author: PRASANNASRI26092001

PERSONAL LAWS, MAINTENANCE AND MEN: A CORRELATION AND IMPACT OF UCC

AUTHOR – SALONI SANJEEV GULHANE, STUDENT AT CHRIST UNIVERSITY, BANGALORE

BEST CITATION – SALONI SANJEEV GULHANE, PERSONAL LAWS, MAINTENANCE AND MEN: A CORRELATION AND IMPACT OF UCC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 904-911, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Personal Laws of different communities have been a governing factor for various subject matters like adoption, inheritance and succession for years. These are derived from traditions and beliefs that have been passed down for generations. One such subject matter is maintenance. Different communities each have uncodified or codified laws regarding the grant of interim maintenance and alimony. The right to receive maintenance is granted under the secular civil code for all citizens of India as a whole under Section 125 of the Cr.P.C^[1]. However, the additional provisions of maintenance under communities makes it possible for the wife to seek maintenance under an additional legally recognized provision.

With multiple provisions to claim maintenance under, the husband paying the sum under different laws would be obligated to pay and would likely be overburdened. And this would act as a form of gender injustice.

The issue of the overlapping jurisdiction has been deliberated over in many cases, one of them being the landmark case, Rajnesh vs Neha^[2] which has set down various guidelines for the grant of maintenance. There is also a sense of gender bias that is seen among these laws where one such statute, The Hindu Marriage Act, 1955 (HMA) allows for alimony to men, while the other personal laws limit their ambit to only women. In India, the practice of women paying for the maintenance of women has not been a prevalent practice and only in the recent few years has this been practiced as can be seen in cases like Rani Sethi vs Sunil Sethi^[3]

In this paper, I will be analyzing the background of maintenance laws and why they came to be as gender specific as they present to be and what has changed in terms of today’s scenario. What will also be assessed is whether with the advent of the UCC there will be a possibility for a better maintenance law which governs maintenance without hampering gender justice.

Keywords: Maintenance, wife, husband, overlapping jurisdictions, unified procedure.

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[1] Code of Criminal Procedure,1973

[2] Rajnesh v. Neha, (2021) 2 SCC 324 [Rajnesh]

[3]  Rani Sethi v. Sunil Sethi 179 (2011) DLT 414

GEOGRAPHICAL INDICATIONS IN INDIA: STRENGTHENING LEGAL PROTECTION AND EMPOWERING RURAL COMMUNITIES

AUTHOR – AKANKSHA RANA, LLM SCHOLAR AT AMITY UNIVERSITY NOIDA

BEST CITATION – AKANKSHA RANA, GEOGRAPHICAL INDICATIONS IN INDIA: STRENGTHENING LEGAL PROTECTION AND EMPOWERING RURAL COMMUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 898-903, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

 Geographical Indications prove to be a very important measure to protect the individual identity of regional goods at the same time as boosting economic growth and, in the process, improving rural development. This paper critically assesses the legal framework for the protection of GIs in India and their impact on rural communities. The research shall bring out the role that GI plays in creating wealth while maintaining indigenous knowledge and cultural heritage, and increasing the standard of living of the rural producers, farmers, and craftsmen. It also unearths competitive benefits that GIs bring back function both in the internal markets and at a global level, in addition to making for economic empowerment and sustainable development. It is a study on the Geographical Indications of Goods (Registration and Protection) Act, 1999, evaluating its effectiveness to go ahead and protect products that have a GI tag, matching it with other international agreements like TRIPS. While checking the GI protection and enforcement challenges, the research also includes problems relating to the weak level of awareness on the part of the rural producers and the unauthorized entity carrying out exploitation using GI products. It compares the approach used in other global systems of GI protection, especially that of the European Union, to make recommendations for the best practices which India can adopt. In Darjeeling Tea, Pochampally Ikat, and Madhubani Paintings: A Case Study of Successful GI Products, this dissertation tries to review the socio-economic benefits accruing from the process of GI registration. Results will be presented herein to show that although GIs are known to have immense benefits, their potential still remains under-utilized due to poor implementation and no proper marketing strategy. In the end, it suggests some recommendations on polices for improving the laws of GIs, increasing awareness within the rural communities, and mechanisms to enforce the same

Keywords: Geographical Indications, rural development, intellectual property, economic empowerment, legal framework.

THE EVOLVING LANDSCAPE OF CYBER SECURITY THREATS

AUTHOR – VAISHNAVI SHUKLA, STUDENT AT KES J.P LAW COLLEGE

BEST CITATION – VAISHNAVI SHUKLA, THE EVOLVING LANDSCAPE OF CYBER SECURTIY THREATS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 888-897, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This paper aims to educate both academics and non-tech-savvy individuals about the link between electronic gadgets like the internet and human rights. It highlights the anonymity of the internet, which allows misuse and cybercrime. Cybercrime involves crimes related to computers, such as espionage and cyber warfare. Digital signatures are used for software distribution and financial transactions, and are used in cases of forgery. The Indian Parliament passed the Information Technology Act 2000, which defines offences and penalties. The World Summit on the Information Society (W.S.I.S) Declaration of principles focuses on human rights in the digital age.The evolving landscape of cybersecurity threats presents significant challenges for individuals, organizations, and governments worldwide. This paper examines the dynamic nature of cyber threats, highlighting the increasing sophistication and frequency of attacks driven by technological advancements and the proliferation of digital devices. Key areas of focus include the rise of ransomware, advanced persistent threats (APTs), and the exploitation of vulnerabilities in emerging technologies such as the Internet of Things (IoT) and artificial intelligence (AI).The research underscores the critical role of human factors in cybersecurity, emphasizing the need for comprehensive training and awareness programs to mitigate risks associated with social engineering and insider threats. Furthermore, the paper explores the effectiveness of current defense mechanisms, including threat intelligence sharing, machine learning algorithms, and zero-trust architectures, while advocating for a proactive and adaptive cybersecurity posture. By analyzing trends and case studies, this study aims to provide insights into the future of cybersecurity, urging stakeholders to collaborate and innovate in response to the ever-evolving threat landscape. Ultimately, the findings underscore the necessity for a holistic approach to cybersecurity that integrates technology, policy, and human behavior to safeguard against emerging threats.

Keywords: human rights, cyber space, cyber crimes, intellectual property rights, hacking.

LEGAL STATUS OF EUTHANASIA IN INDIA:A LEGAL AND ETHICAL EXPLORATION

AUTHOR – MAYUR RAJ H, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – MAYUR RAJ H, LEGAL STATUS OF EUTHANASIA IN INDIA:A LEGAL AND ETHICAL EXPLORATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 883-887, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The intentional taking of a life to end suffering, or euthanasia, has long sparked intense moral, legal, and emotional discussions. The right to die raises questions of compassion, autonomy, and personal dignity, particularly for people who are suffering from excruciating pain or terminal illnesses. In India, this topic has experienced a slow growth, characterized by key judgments that have substantially influenced the legal framework around euthanasia. The purpose of this article is to investigate the legal position of euthanasia in India, with particular attention to the legal protections for passive euthanasia, the differences between active and passive euthanasia, and the ethical and human rights issues that inform the conversation.

KEY WORDS: 1.Euthanasia , 2.Legal Framework , 3.Passive Euthanasia , 4.Ethical Issues , 5. Human Rights

PRIVACY ISSUES: CONSTITUTIONAL IMPLICATIONS OF POLYGRAPH TESTS IN INDIAN LAW ENFORCEMENT INVESTIGATIONS

AUTHOR – REHATJIT KAUR, PH.D RESEARCHER AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, INDIA

BEST CITATION – REHATJIT KAUR, PRIVACY ISSUES: CONSTITUTIONAL IMPLICATIONS OF POLYGRAPH TESTS IN INDIAN LAW ENFORCEMENT INVESTIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 871-882, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With the evolution of society and technology, the offenders of crimes are finding ways to get away with heinous crimes. The crime investigation system relies upon perceivable evidence and is not trained for investigation, which includes the tools of forensic science, making it easier for the offenders to hide their crimes. The increase in the heinous crime rate reflects the failure of the deterrent theory of punishment. Forensic science assists crime investigations by analyzing physical evidence, such as DNA, fingerprints, and ballistics, helping to establish facts, identify suspects, and support legal proceedings. Although India does not have any specific legislation on the use of forensic tools in crime investigation, Bhartiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 deal with how forensic evidence can be recorded and presented before the Court of Justice. Many countries worldwide have started using these tools in crime investigation, but numerous contagious issues arise concerning the use of such methods. Applying the polygraph test, one of the forensic tools gives an edge in investigation and development in the field and would restore the faith and trust of the public in the justice system. The privacy issues always revolve around the use of polygraph tests, which are beautifully protected by the fundamental rights inculcated in the Constitution of India, and then the apex court of the country has also put forth some guidelines through precedents.

Keywords: crime investigation, forensic science, polygraph test, right to privacy.

UNIFORM CIVIL CODE IN INDIA: A PATH TO LEGAL UNIFORMITY OR A CHALLENGE TO DIVERSITY?

AUTHOR – MANAN BADAMIYA & KARTIK KAMTE, STUDENT AT KES SHRI JYANTILAL H PATEL LAW COLLEGE

BEST CITATION – MANAN BADAMIYA & KARTIK KAMTE, UNIFORM CIVIL CODE IN INDIA: A PATH TO LEGAL UNIFORMITY OR A CHALLENGE TO DIVERSITY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 866-870, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s Uniform Civil Code (UCC), which stands at the intersection of legal uniformity and cultural variety, has long been a topic of legal, social, and political discussion. The UCC, as envisioned in Article 44 of the Directive Principles of State Policy, seeks to establish a common set of civil laws pertaining to marriage, divorce, inheritance, and adoption in order to replace religiously based personal laws. Opponents worry that the UCC may jeopardize religious liberties and upend India’s pluralistic character, while supporters contend that it would advance gender justice, equality, and national unity. This essay looks at the UCC’s development over time, significant court rulings, and conflicting viewpoints about its application. It assesses whether a unified legal system is feasible in a nation with a wide range of personal laws and long-standing religious customs. In order to determine whether the UCC is a practical answer for legal consistency or a threat to India’s multicultural fabric, the article also examines recent developments, such as government efforts and legal commissions. Lastly, it looks at possible reform avenues that strike a compromise between diversity appreciation and legal coherence.

BRIDGING THE DIVIDE: THE EVIDENT REGIONAL AND GLOBAL CONSTITUTIONALISM

AUTHOR – RAJ PATEL, STUDENT AT SCHOOL OF LAW, ITM UNIVERSITY, NAYA RAIPUR (C.G.)

BEST CITATION – RAJ PATEL, BRIDGING THE DIVIDE: THE EVIDENT REGIONAL AND GLOBAL CONSTITUTIONALISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 861-865, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper efficiently and actively deals with the concepts of Regional and Global Constitutionalism with disparities, collaborations, and various evident insights. Constitutionalism, the principle that governance is determined by a body of laws or to be said the “Rule of Law”, serves as a fundamental mechanism to prevent arbitrary rule and ensure public rights. With the concept of domestic frontiers, the approaches and systems of Regional and Global Constitutionalism emerge. The idea of Regional constitutionalism emphasizes addressing local needs and geographic variations within specific areas, whereas Global constitutionalism relates to the application of principles like justice, equality, and liberty to mankind. Bridging the divide between these two significant frameworks involves addressing tensions, overlaps, and collaborations, which require innovative legal mechanisms, open discussions, and vigorously acting institutions. By setting up dialogues and conventions, aligning systems across the globe, and empowering the marginalized nation’s voices, this paper advocates for a connected and just constitutional order that reflects the needs and rights of all individuals.

KEYWORDS: Constitutionalism, Rule of Law, Uniform Governance, Legal Mechanisms, Global and Regional Institutions

THE UNIFORM CIVIL CODE: SAME-SAME; BUT DIFFERENT

A CRITICAL ANALYSIS OF UCC IN GOA AND UTTARAKHAND

AUTHORS – SHASHYAK ROY, ARYAN AGARWAL & DIYA NARESH CHANGWANI, STUDENTS AT WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES

BEST CITATION – SHASHYAK ROY, ARYAN AGARWAL & DIYA NARESH CHANGWANI, THE UNIFORM CIVIL CODE: SAME-SAME; BUT DIFFERENT, A CRITICAL ANALYSIS OF UCC IN GOA AND UTTARAKHAND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 849-860, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.Introduction

The concept of a Uniform Civil Code (herein referred to as UCC) is not a new concept for India, in fact it has been a part of the vision of our forefathers.^[1] An Uniform Civil Code creates a singular law governing all personal matters in the country, i.e. marriage, inheritance etc.^[2] This would be opposed to the status quo, which involves different codes for different religions practiced in our country. Therefore, one of the benefits to introducing such a Code on a nationwide level involves uniformity for all religions in the eyes of law. There are, however, several issues with the implementation of the same. Much of the population has expressed concerns for the same, including but not limited to, curbing the right of citizens to freely practice religion. The concept, thus, is one that remains a hotly debated one. The Uniform Civil Code aims to make personal laws less patriarchal if implemented in different states.

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[1] The Constitution of India, 1950, Art. 44.

[2] Id.

BALANCING NATIONAL SECURITY AND CIVIL LIBERTIES: RETHINKING AFSPA IN THE CONTEXT OF COUNTERTERRORISM IN MANIPUR

AUTHORS – HIJAM ROSHAN SINGH¹ & DR. S. JAMES²

¹ PHD RESEARCH SCHOLAR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTRANATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA

² PROFESSOR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA

BEST CITATION – HIJAM ROSHAN SINGH & DR. S. JAMES, BALANCING NATIONAL SECURITY AND CIVIL LIBERTIES: RETHINKING AFSPA IN THE CONTEXT OF COUNTERTERRORISM IN MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 844-848, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Armed Forces (Special Powers) Act (AFSPA) has been a subject of intense debate in India, particularly in conflict-prone regions like Manipur. While it grants extraordinary powers to security forces to combat insurgency, it has also raised concerns about human rights violations and the erosion of civil liberties. This paper critically examines AFSPA in the context of counterterrorism efforts in Manipur, analyzing its effectiveness, legal and ethical dimensions, and its impact on the civilian population. It explores the balance between national security imperatives and fundamental rights, drawing on case studies, legal frameworks, and policy perspectives. The study advocates for a nuanced approach that ensures both security and justice, proposing reforms that align counterterrorism strategies with democratic principles and human rights where it has been implemented to combat insurgency and maintain national security. This abstract explores the delicate balance between ensuring national security and protecting civil liberties within the context of AFSPA and counterterrorism efforts in Manipur. It examines the historical background of AFSPA, its implications on human rights, and the local populace’s grievances against its enforcement. Additionally, the abstract considers alternative approaches to counterterrorism that uphold democratic values and human rights while effectively addressing security concerns. By analyzing case studies and alternative frameworks, this discourse advocates for a rethinking of AFSPA to foster a more just and secure environment in Manipur, highlighting the need for policies that respect the dignity of individuals while ensuring the safety of the state. ¹

Keywords: AFSPA, National Security, Civil Liberties, Counterterrorism, Human Rights.

“LEGAL DYNAMICS OF THE PLEA OF ALIBI UNDER THE BHARATIYA SAKSHYA ADHINIYAM 2023”

AUTHOR – NUSRAT ALI RIZVI, ASSISTANT PROFESSOR AT GOVT. LAW COLLEGE, GWALIOR, M.P. EMAIL: ALINUSRAT9@GMAIL.COM

BEST CITATION – NUSRAT ALI RIZVI, “LEGAL DYNAMICS OF THE PLEA OF ALIBI UNDER THE BHARATIYA SAKSHYA ADHINIYAM 2023”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 836-843, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Plea of alibi is an important defence in criminal jurisprudence, where the accused can prove his absence at the time and place of commission of the alleged offence. Bharatiya Sakshya Adhiniyam, India’s new evidence law has made substantial changes to the legal position regarding the plea of alibi, making it in line with modern judicial thoughts and technological inputs. This article analyses the changing legal dynamics of alibi plea under section 9 of the BSA 2023, marking its procedural framework, evidential significance, and judicial interpretations. The BSA 2023 maintains the content of Section 11 of the Indian Evidence Act, 1872, identifying alibi as a fact negating the guilt of an accused person in a crime. Yet the new act puts greater evidentiary pressures on the defence, calling upon them to deliver tangible, supportive evidence and not just assertions. The onus of proof, while generally residing with the prosecution to prove beyond reasonable doubt that the accused committed the offence, requires the accused to support the alibi by tangible documentary or electronic evidence. In addition, the judiciary’s response under BSA 2023 indicates a move towards a technology-based evaluation of alibi claims, with courts increasingly using digital traces, CCTV images, and geolocation information. The rule that an alibi should be raised at the earliest opportunity remains in place, deterring spurious defences at subsequent stages of trial. Moreover, courts currently examine alibi pleas alongside circumstantial evidence to ensure an even and just assessment of truth. This Article critically examines the pivotal judicial statements and legislative provisions, providing an understanding of the challenges and opportunities in adjudicating alibi pleas in India’s changing legal framework. It highlights the imperative of clarity in evidentiary standards and prevention against abuse, upholding justice while ensuring procedural integrity.

Keywords: Plea of Alibi, Criminal Law, Burden of Proof, Criminal Justice, Indian Judiciary.