Author: PRASANNASRI26092001

REPRODUCTIVE RIGHTS WOMEN IN INDIA

AUTHOR – ALAM MOHOMMED RAZA, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – ALAM MOHOMMED RAZA, REPRODUCTIVE RIGHTS WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 04-06, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Women’s Rights and Legal Reforms” (ISBN: 978-81-968842-4-6). .

ABSTRACT

The reproductive rights of women in India encompass a wide array of legal, social, and healthcare-related concerns, including the availability of contraception, abortion services, maternal healthcare, and protections against forced sterilization. Reproductive rights are fundamental to the well-being and autonomy of individuals, particularly women. There must be active elimination of gender, race, socioeconomic, or any other discrimination that infringes on the rights of people. India’s reproductive rights landscape is complex, with legal progress often clashing with social attitudes and practices. Landmark cases such as the 2022 MTP case and the decriminalization of homosexuality reflect a growing acknowledgment of individual rights and the importance of personal autonomy in reproductive decision-making.

Keywords: Reproductive rights of women, human rights of women, maternal health of women, protection of women, gender equality

SAFETY OF WOMEN IN INDIA

AUTHOR – ISHA NAVIN CHHEDA, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – ISHA NAVIN CHHEDA, SAFETY OF WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 07-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Women’s Rights and Legal Reforms” (ISBN: 978-81-968842-4-6). .

Abstract

In 2025, India has grown both in terms of economy and technology, and the gender equality conversation is becoming increasingly prominent. The National Crime Records Bureau reports a staggering 445,256 crimes against women in India in the year 2024. “Safety of Women” means wherever the women go she feels safe. She must not fear marriage because of risk of domestic violence. She must not fear to go outside because of increasing rape rates. Crimes against women are increasing in India at an alarming rate. India ranks abysmally low at the 128th position among the 177 countries in the Women Peace and Security Index. Daily, according to the data by NCRB, 88 rape cases take place certainly many are unreported. The Indian Constitution provides equality between men and women, yet it also permits the States to permit positive discrimination in favor of women by passing certain laws and rules in their respective States for women.

Keywords: Safety of women, crime against women, constitutional provisions for women, government initiates for women, national commission for women

FILING OF SECTION 9 OF IBC ON THE BASIS OF AN ARBITRAL AWARD/MONEY DECREE

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

BEST CITATION – ARYENDRA SINGH, FILING OF SECTION 9 OF IBC ON THE BASIS OF AN ARBITRAL AWARD/MONEY DECREE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 440-443, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Since its enactment in May 2016, the Insolvency and Bankruptcy Code (IBC) has significantly transformed the landscape of insolvency resolution in India. Designed to streamline the process of insolvency and bankruptcy, the IBC aims to maximize asset value, promote entrepreneurship, ensure the availability of credit, and balance the interests of all stakeholders. Among its various provisions, Section 9 stands out as a crucial mechanism for operational creditors seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against defaulting corporate debtors. This article focuses on the practical application of Section 9 by operational creditors, particularly in the context of enforcing a money decree. The ability to file for CIRP based on a money decree provides operational creditors with a potent tool to recover dues efficiently, thereby reinforcing the IBC’s overarching goal of timely and equitable resolution of insolvencies. Through an in-depth analysis, this article explores the procedural nuances, legal precedents, and strategic considerations involved in leveraging Section 9, offering valuable insights for practitioners and stakeholders navigating the complexities of the IBC framework.

PRESIDENTIAL FORM OF GOVERNMENT AND SEPARATION OF POWER SPECIFIC REFERENCE TO USA

AUTHOR – MR. SIDDHANT ADABE, STUDENT AT D.E.S.’S  SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MR. SIDDHANT ADABE, PRESIDENTIAL FORM OF GOVERNMENT AND SEPARATION OF POWER SPECIFIC REFERENCE TO USA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 418-429, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

USA and India showcase divergent presidential governance, reflecting unique historical-political contexts. The presidential form of government and separation of powers in the United States finds its genesis in the deliberations of the Constitutional Convention of 1787, where framers envisaged a system of divided authority to forestall the concentration of power. In contrast, India’s parliamentary system, heavily influenced by British colonial legacy, integrates the executive and legislative branches, albeit with checks and balances enshrined within its federal structure. In USA, the presidential system maintains separation of powers but faces challenges due to political polarization. India’s parliamentary system integrates executive and legislative functions, posing flexibility but risking weakened checks. Both countries strive for democratic accountability and responsiveness, prompting ongoing discussions on institutional reform. The US presidential system divides power among executive, legislative, and judicial branches to prevent tyranny and promote efficient decision-making, though cooperation is essential to avoid gridlock. In contrast, India’s parliamentary system combines executive and legislative roles, providing flexibility but potentially weakening checks. These systems shape political culture, policymaking, and citizen involvement differently, impacting governance stability and effectiveness in each nation. The Impact of Presidential Form of Government on Power Dynamics and Governance in the United States and how the U.S. presidential system shapes executive authority, legislative effectiveness, and inter-branch relations, shedding light on its implications for democratic governance and policy outcomes. In presidential systems, such as that of the United States, executive-legislative cooperation positively correlates with legislative productivity, measured by the frequency of bills passed with bilateral support. This relationship suggests that increased collaboration between branches enhances governance effectiveness in such political frameworks. A spectrum of initiatives, ranging from electoral reforms and constitutional amendments to administrative decentralization and judicial reforms. These reforms aspire to strengthen democratic institutions, foster political inclusivity, and deepen public trust in the governance process. To offer insights into the dynamics of democratic governance in diverse contexts and to chart a course towards institutional resilience and democratic consolidation.

Keywords – Comparative analysis, Democracy. Presidential form of government, Reform, Separation of powers, United States.

ANTI DEFECTION LAW AND ITS IMPACT ON DEMOCRACY

AUTHOR – SALONI VINOD ALLADWAR, STUDENT AT DECCAN EDUCATION SOCIETY SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – SALONI VINOD ALLADWAR, ANTI DEFECTION LAW AND ITS IMPACT ON DEMOCRACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 412-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

 Unraveling the Threads of Democracy: Navigating the Impact of Anti-Defection Laws – Balancing Stability and Representation.  The Anti-Defection Law, a crucial component of many democracies, emerged in response to political instability caused by frequent party-hopping among elected representatives. Originating from concerns about floor-crossing and its implications for government stability, these laws were designed to enforce party discipline and curb opportunistic political maneuvers. As of in January 2022, Anti-Defection Laws are still prevalent in many democracies. These laws aim to prevent elected representatives from switching parties, promoting political stability. However, debates persist on whether these laws strike the right balance between party discipline and individual autonomy. For the current status, it is advised to refer to the latest legal and political developments in specific countries.  The Anti-Defection Law, present in many democracies, aims to prevent elected representatives from switching parties to maintain political stability. While it promotes party discipline, critics argue that it may limit individual autonomy and dissent, raising concerns about its impact on democratic principles. The ongoing debate revolves around striking a balance between stability and representation. It revolves around assessing the impact of Anti-Defection Laws on democracy, which includes evaluating the balance between party discipline and individual representation, exploring the effects on political stability, and examining potential challenges or benefits to democratic principles arising from the implementation of such laws. The enforcement of Anti-Defection Laws is likely to enhance party discipline but may lead to a reduction in individual representation, The hypothesis aims to test the delicate balance between party cohesion and democratic principles in the context of Anti-Defection Laws. Reform is to introduce a more nuanced and transparent system. This could involve allowing elected representatives greater autonomy on matters of conscience or critical policy differences while maintaining party loyalty on votes of confidence and foundational issues. Examining the impact of Anti-Defection Laws on democracy by assessing party discipline, evaluating individual representation, and proposing reforms for a balanced democratic system.

Key Words– Anti-Defection, Democracy, Principles, Representation, Stability.

THE PRICE OF PEACE: WAR CRIMES, HUMAN RIGHTS VIOLATIONS, AND ACCOUNTABILITY

AUTHOR – DEBALINA ROY, STUDENT AT XAVIER LAW SCHOOL, XIM UNIVERSITY

BEST CITATION – DEBALINA ROY, THE PRICE OF PEACE: WAR CRIMES, HUMAN RIGHTS VIOLATIONS, AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 400-411, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

War represents the ultimate infringement upon the rights of individuals. It not only violates international laws but also hinders people from enjoying fundamental human rights, including the right to life, personal liberty, healthcare, medicine, and education. These basic human rights are owed to one another, not just as members of our respective nations but also as members of the global community. Over the past few decades, armed conflicts have devastated the lives of countless civilians, witnessing severe breaches of international humanitarian and human rights laws. This article delves into the numerous violations of human rights that can be attributed to ongoing wars and armed conflicts worldwide, highlighting their detrimental impact on various aspects of life and different social groups. The author endeavours to explain the significance of human rights in the context of the ongoing conflicts between Russia and Ukraine, Israel and Palestine, and other parts of the world. The author highlights the importance of the rights outlined in the International Bill of Rights, specifically the Universal Declaration of Human Rights (UDHR), 1948, and the International Covenant on Civil and Political Rights (ICCPR), in upholding human rights in areas affected by war. Both international human rights law and international humanitarian law share the common objective of safeguarding the dignity and humanity of all individuals. This article analyses the relationship between these two bodies of law and determines whether human rights law remains applicable during armed conflicts and war, and if so, how they can mutually reinforce each other. The author has adopted doctrinal research methodology and referred to primary as well as secondary sources in writing this article and in arriving at the aforementioned findings.

Keywords: human rights, international humanitarian law, international human rights law, war, armed conflict, human rights violations

EXPLORING THE LEGAL DYNAMICS: STRICT LIABILITY VS. DUE DILIGENCE DEFENSE FOR INDEPENDENT DIRECTORS UNDER THE COMPANIES ACT, 2013

AUTHOR – ARYAN BHARDWAJ, STUDENT AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES, DEHRADUN.

BEST CITATION – ARYAN BHARDWAJ, EXPLORING THE LEGAL DYNAMICS: STRICT LIABILITY VS. DUE DILIGENCE DEFENSE FOR INDEPENDENT DIRECTORS UNDER THE COMPANIES ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 393-399, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the interplay between strict liability and due diligence defense for independent directors under the Companies Act, 2013 in India. It examines the legal framework, compares it to international standards, and analyzes landmark cases to understand the challenges and opportunities this framework presents. The paper concludes by proposing solutions to enhance clarity, promote boardroom dynamics, and improve director training and regulatory guidance.

MARXIAN THEORY ON PRIVATE PROPERTY

AUTHOR – B.MONIKA, ASSISTANT PROFESSOR AT MOTHER TERESA LAW COLLEGE, PUDUKKOTTAI

BEST CITATION – B.MONIKA, MARXIAN THEORY ON PRIVATE PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 384-392, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Karl Marx divided society into two people namely Bourgeoisie and Proletariat. Marx’s concept emanated from the hostile capitalistic society. In his view the proletarian world outlook is the main body of the theoretical edifice of property rights. Those laws are simply a reflection of the desires of the Bourgeoisie class in his Communist Manifesto, that the will of this Bourgeoisie class made the law based on their economic conditions of their class.The property owners inorder to possess the means of production they hold on possession of the labor of the workers. Employer Minority class afford partial amount as consideration to working class for the massive profit gain by selling the proletarian labor. Private property and its abolition were discussed in this article.

CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF CHALLENGES AND SOLUTIONS

AUTHORS – DR. S. JAMES*&PROF. (DR.) HARIKUMAR PRALLATHADKA**, POST-DOCTORAL FELLOW IN LAW*& VICE CHANCELLOR** AT MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA

* EMAIL: DRJAMES835@GMAIL.COM

** EMAIL: HARIKUMAR@MIU.EDU.IN

BEST CITATION – DR. S. JAMES*&PROF. (DR.) HARIKUMAR PRALLATHADKA, CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF CHALLENGES AND SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 374-383, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The complexity of the criminal justice system necessitates a comprehensive analysis of its current reform efforts. This paper delves into the multifaceted challenges confronting criminal justice reform, encompassing systemic biases, over-incarceration, and the disproportionate impact on marginalized communities. Utilizing a criminological framework, the analysis identifies the root causes of these issues, including socio-economic disparities, institutional practices, and societal attitudes towards crime and punishment. It has explored various reform initiatives, such as restorative justice practices, decriminalization efforts, and the introduction of rehabilitation programs, assessing their effectiveness and applicability within different contexts. Furthermore, the paper highlights the importance of interdisciplinary collaboration among policymakers, criminologists, and community stakeholders in devising sustainable solution. ¹

This abstract presents a comprehensive criminological analysis of the ongoing challenges and potential solutions associated with criminal justice reform. The current landscape of the criminal justice system is marked by significant issues, including systemic inequalities, racial and socio-economic disparities, and the high prevalence of recidivism. This analysis begins by examining the historical context of criminal justice policies that have perpetuated these challenges, such as the “War on Drugs,” mandatory minimum sentences, and three-strikes laws, which have led to over-incarceration and strained community relations. Furthermore, the paper addresses the psychological and social consequences of incarceration on individuals and communities, highlighting how these effects can contribute to cycles of crime and poverty. The role of public perception and media portrayal of crime is also considered, as these narratives often shape policy decisions and community responses to crime and justice.

Keywords: Criminal, Criminology, Inequality, Racial Disparities, Mental Health Treatment.

COMPETITION LAW IN TELECOM SECTOR: A CASE STUDY OF INDIA

AUTHOR – ABHIJEET GAURAV JHA, LLM SCHOLAR MIT- WORLD PEACE UNIVERSITY

BEST CITATION – ABHIJEET GAURAV JHA, COMPETITION LAW IN TELECOM SECTOR: A CASE STUDY OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 367-373, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The telecom sector in India has seen a rapid growth and consolidation, which has raised concerns about anti-competitive practices. This paper examines the effectiveness as well as the application of competition law in the telecom sector of India. This paper uses a case study approach to analyses significant decisions of the Competition commission of India (CCI) and courts. The paper highlights issues of cartelization, abuse of dominance and merger control.   The study also focuses on the challenges that are faced in enforcing the competition law which includes the regulatory overlaps and inadequate penalties.

Keywords: Competition law, Telecom sector in India, CCI, Anti- competitive Practices