Author: PRASANNASRI26092001

THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21

AUTHOR – RAJ ARVIND SHAH, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – RAJ ARVIND SHAH, THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 61-64, 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 “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

The enactment of the Constitution (Eighty-sixth Amendment) Act in 2002 led to the inclusion of Article 21-A in the Constitution of India, which guarantees free and compulsory education for all children between the ages of six and fourteen as a Fundamental Right, subject to the regulations established by the State through law. This amendment made it clear that every child in the age group of 6 to 14 years has the right to receive free education. The inclusion of this provision reflects the Indian state’s commitment to empowering its citizens by providing access to education, irrespective of socio-economic disparities. The Act ensures that no child is denied education based on financial constraints. The RTE Act mandates certain standards for schools, including infrastructure, teacher qualifications, and pupil-teacher ratios, to ensure a quality learning environment. One of the immediate outcomes of the RTE Act has been a significant increase in enrolment rates, especially in rural and marginalized communities.

Key Words: Right to education, Article 21, Article 21A, Constitution (Eighty-sixth Amendment) Act in 2002, Directive Principles of State Policy

CYBER TERRORISM: A THREAT TO NATIONAL SECURITY

AUTHOR – JASHVI DODHIA, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – JASHVI DODHIA, CYBER TERRORISM: A THREAT TO NATIONAL SECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 56-60, 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 “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

Information technology has opened doors of opportunity for the world by creating multiple sources for the growth of people’s financial infrastructures. With over 900 million internet users, India was the second largest online market in the world, behind China.^[1] Cyberspace runs in the veins of modern digital transactions, businesses, and other essential services. But where there is power, there will be misuse of power. With the invention of cyberspace, there has also been an increase in cybercrimes. Criminals use many tactics to scam people and extort money from them. There is a lot of unawareness and ignorance among the citizens, due to which people get scammed. The slow process of the executive and judiciary also adds to the cybercrimes every day. One of the most recent types of cybercrime is digital arrest. Due to people’s lack of knowledge and awareness, they think that one can be digitally arrested now and become vulnerable and end up falling into the traps of these criminals. Cyberattacks have the tendency to depict lethal, non-lethal, and psychological well-being of the citizens, public confidence of the government bodies, and political attitudes of the parties. Even terrorist groups use cyberspace to achieve their motives. Cyber terrorism imposes a threat on national security.^[2]

Keywords: Cyber Crime, cyber terrorism, cyber law, Information Technology Act, 2000

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[1] https://www.statista.com/topics/2157/internet-usage-in-india/

[2] Shiv Raman, Nidhi Sharma, Cyber Terrorism in India: A Physical Reality or Virtual Myth, 5, 2, (special issue) IJLHR, 133-135, 2019, https://journals.indexcopernicus.com/api/file/viewByFileId/783266.pdf.

“NAVIGATING THE NEW ERA OF LABOUR SAFETY IN INDIA’S OSHWC CODE, 2020″

AUTHOR – AKSHATA THAKUR & GULISTA ANSARI, STUDENTS AT AMITY UNIVERSITY MUMBAI

BEST CITATION – AKSHATA THAKUR & GULISTA ANSARI, “NAVIGATING THE NEW ERA OF LABOUR SAFETY IN INDIA’S OSHWC CODE, 2020″, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 156-165, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The OSHWC Code, 2020 is an authoritative act regarding safety and health of the people at work places and workers shall. In other words, it aims at advancement of Indian safety and standards, policies, measures which relates to the health and working conditions at the workplace. This paper explores the code’s socio legal impact within the context of issues pertaining to gendered labour relations in the employer-employee lifestyle including stakeholder enforcements, ubiquitous domination, and indifference towards equitable distribution of the provisions restated within the context of imminent amalgamation of thirteen & other related factors.

The OSHWC, Code outlines general duties of employers outlined in section 11 of the code that includes meeting the obligations^[1] of health and safety management systems, work environment, and employment opportunities for women and other vulnerable workers.

The coded provisions of this law did revolutionary impact yet there remains imbalance between sidelined states’ understanding of the law and prevailing level of implementation resources available estimating whether it hinders its multidimensional effect.

Details associated with the study include codification^[2] history, interpretation and balance of both Sections Would be presented in Part II of the paper decoding the struggles faced by the community because of imbalance between India’s rapid transformation period and requirements from global organizations pertaining to Labour practices within the country.

Keywords: Geographical Disparities, Multidimensional Impact, OSHWC Code of 2020, Work environment demographics, Gendered Employment.

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[1] Ramesh Singh v. Larsen & Toubro (2023)

[2] https://dgfasli.gov.in/public/Admin/Cms/AllPdf/OSH_Gazette.pß

SAFEGUARDING THE FUTURE WORKFORCE: EFFECTIVE APPROACHES TO IMPROVE HEALTH AND SAFETY FOR YOUNG EMPLOYEES

AUTHOR – SNEHA JAT & KIRAN JAT, STUDENT AT AMITY UNIVERSITY MUMBAI

BEST CITATION – SNEHA JAT & KIRAN JAT, SAFEGUARDING THE FUTURE WORKFORCE: EFFECTIVE APPROACHES TO IMPROVE HEALTH AND SAFETY FOR YOUNG EMPLOYEES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 142-155, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper presents a systematic review and meta-analysis of the existing literature on the effective approaches to improve the health and safety for young employees. Through a review of literature, this paper recognizes key factors contributing to work place accidents among young employees.  It aims to evaluate work hazards; the young workers are frequently exposed to and the occupational safety and health (OSH) standard that protect young workers.

Young workers are a diverse group and are more susceptible to occupational injuries and diseases compared to adult workers. This is due to their ongoing physical, psychological, and emotional development, as well as their lack of education and job skills.; lack of experience and lack of workplace safety knowledge.

International Labour Organization (ILO) standards on OSH focuses to protect these young workers. The ILO constitution focuses on the right to safe and healthy work for all workers, including both young and adult workers. The labour laws establish essential principles that promote a safe, healthy and decent working environment. This focuses on integrating occupational safety and health (OSH) into general education and vocational training programs to create a safer and healthier generation of workers.

These protocols not only reduce the risk of workplace accidents but also foster a safe, productive and sustainable workforce. This paper contributes to occupational health and safety of young workers by providing actionable recommendations for employers, policymakers and training institutions

Keywords- OHS, Young Workers, Workplace Accidents, International Labour Organization (ILO) Standards, Vulnerable Employees, Safety Education and Training

THE ROLE OF JUDICIAL ACTIVISM IN ADVANCING HUMAN RIGHTS IN INDIA: A CRITICAL ANALYSIS

AUTHOR – MS. SNEHA HITENDRA SONI, ASSISTANT PROFESSOR AT M.K.E.S. COLLEGE OF LAW. EMAIL ID: SNEHASONI96@GMAIL.COM

BEST CITATION – MS. SNEHA HITENDRA SONI, THE ROLE OF JUDICIAL ACTIVISM IN ADVANCING HUMAN RIGHTS IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 50-55, 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 “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

Abstract

Judicial activism has significantly influenced the promotion and protection of human rights in India, serving as a crucial mechanism for ensuring justice, equality, and dignity in governance. This paper critically analyzes the evolution, scope, and impact of judicial activism, focusing on its role in addressing societal inequalities, governance gaps, and human rights violations. It examines the origins of judicial activism, its constitutional basis, and its methods, including Public Interest Litigations (PILs) and landmark rulings.

The paper highlights how judicial activism has expanded the interpretation of fundamental rights under Article 21, facilitated access to justice for marginalized groups, and integrated environmental protection into the domain of human rights. However, the paper also addresses the criticisms of judicial activism, including concerns about judicial overreach, delays in justice, and potential misuse of PILs. It compares India’s approach to judicial activism with practices in the United States and South Africa, offering insights for improving balance and accountability in the judiciary. While judicial activism has played a transformative role in advancing human rights, it must strike a balance with judicial restraint to preserve the separation of powers and institutional integrity. Recommendations include clearer guidelines, enhanced accountability mechanisms, and prevention of PIL misuse to ensure judicial activism remains a constructive force in achieving constitutional justice.

Key Words:  Equality,  Fundamental  Rights,  Human Rights,  Judicial Activism,  Justice, Public Interest Litigation (PIL)

BREAKING THE SILENCE: CRIMINALIZING MARITAL RAPE IN INDIA FOR GENDER EQUALITY AND JUSTICE

AUTHOR – BHARAT & HRISHABH, LLM SCHOLARS AT MAHARSHI DAYANAND UNIVERSITY

BEST CITATION – BHARAT & HRISHABH, SHOULD COMPANIES BE ALLOWED TO PATENT AI-GENERATED CONTENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 137-141, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape remains legal in India under Exception 2 to Section 375 IPC (now Section 63 of the Bharatiya Nyaya Sanhita, 2023), violating constitutional rights to equality, dignity, and personal autonomy. While most countries have criminalized it, India upholds outdated norms influenced by cultural and societal beliefs. This article examines the constitutional validity of the exception, its impact on women’s rights, and ongoing legal challenges, including the Supreme Court’s pending decision. Urging its repeal, the study emphasizes the need for legal reform to align India with global human rights standards and ensure justice for married women.

SURROGACY LAW IN INDIA: AN OVERVIEW

AUTHOR – VARSHA D. VYAS, RESEARCH SCHOLAR AT LOVELY PROFESSIONAL UNIVERSITY. EMAIL – varsha.vyas@mkescollegeoflaw.ac.in

BEST CITATION – VARSHA D. VYAS, SURROGACY LAW IN INDIA: AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 40-42, 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 “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

Abstract

Surrogacy, the arrangement where a woman agrees to bear a child for another individual or couple, has gained prominence in India over the years. It is a method of assisted reproduction where a woman (the surrogate) carries and delivers a baby for another person or couple (the intended parents). The Surrogacy (Regulation) Act, 2021, lays down the conditions under which surrogacy is permitted and the penalties for violations. The Act was enacted to curb unethical practices and protect the rights of surrogate mothers and the child born through surrogacy. India’s surrogacy laws reflect a cautious approach to balancing ethical considerations, medical advancements, and social norms. While the Surrogacy (Regulation) Act, 2021, has brought much-needed clarity, it leaves room for future amendments to address inclusivity and practical challenges.

Keywords: Surrogacy, The Surrogacy (Regulation) Act, 2021, legal framework, types of surrogacy

CYBERCRIME IN INDIA: A GROWING THREAT TO CYBERSPACE

AUTHOR – YOGESH PRASAD KOLEKAR, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI. EMAIL – PROFKOLEKAR@GMAIL.COM

BEST CITATION – YOGESH PRASAD KOLEKAR, CYBERCRIME IN INDIA: A GROWING THREAT TO CYBERSPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 47-29, 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 “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

Abstract

The evolution of Information and Communication Technology (ICT) has significantly transformed human society, impacting various aspects of life and altering the ways in which individuals learn, work, share, and engage in entertainment. Nevertheless, this evolution has also led to the emergence of a concerning phenomenon: the rapid increase in cybercrime. Cybercrime refers to illegal activities conducted through digital means, often targeting computer systems, networks, and online platforms. India’s rapid digital adoption, fuelled by affordable internet access and smartphone penetration, has created a fertile ground for cybercriminals. Cybercrime is pervasive and disruptive, as demonstrated by both global and national statistics. Over 800 million Indians are internet users, attracting attention of cybercriminals. Initiatives like “Cyber Swachhta Kendra” promote cybersecurity hygiene among citizens, television ads, caution messages before calls are appreciative steps of the Government.

Keywords: cybercrime, ICT, online scams, Information Technology Act, 2000

PROTECTION OF CONSUMERS AND FOOD SAFETY IN INDIA

AUTHOR – DR. MAHENDRAKUMAR S.  YADAV, IN-CHARGE PRINCIPAL AT M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI. EMAIL –MAHENDRAYADAV@REDIFFMAIL.COM

BEST CITATION – DR. MAHENDRAKUMAR S. YADAV, PROTECTION OF CONSUMERS AND FOOD SAFETY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 43-46, 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 “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

The protection of consumers and food safety is a critical aspect of public health and economic stability in India. With increasing globalization, urbanization, and changing food habits, ensuring consumer rights and food safety has become imperative. This study explores the scope of consumer rights in India, focusing on the legal frameworks, including the Consumer Protection Act, 2019, and the Food Safety and Standards Act, 2006.

It highlights the key rights of consumers, the role of regulatory bodies like the Food Safety and Standards Authority of India (FSSAI), and initiatives to promote food safety. Challenges such as unregulated markets, food adulteration, lack of consumer awareness, and resource constraints are discussed.

Recommendations emphasize strengthening enforcement, enhancing consumer awareness, fostering collaboration among stakeholders, and adopting technological innovations to ensure transparency in food supply chains. The study concludes that prioritizing consumer welfare and food safety is essential for public health, trust in markets, and sustainable economic growth in India.

Key Words: Consumer Protection, Consumer Rights, Consumer Protection Act, Food Safety and Standards Authority of India, Food Adulteration

BODY SHAMING AS DOMESTIC VIOLENCE: A GAME-CHANGING RULING IN NIMIJA V. STATE OF KERALA

AUTHOR – DR. SONY RAJ S. S*, ASSISTANT PROFESSORS FROM M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI* & ASWIN.S**, ASSISTANT PROFESSORS FROM MKES NAGINDAS KHANDWALA COLLEGE

*  RAJSSSONY@GMAIL.COM

** ASWINKANNAN6273AK@GMAIL.COM

BEST CITATION – DR. SONY RAJ S. S & ASWIN.S, BODY SHAMING AS DOMESTIC VIOLENCE: A GAME-CHANGING RULING IN NIMIJA V. STATE OF KERALA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 35-39, 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 “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

“I think the message to women is to be who you are. Don’t let anyone tell you  what you have to look like.” – Michelle Obama-

The Kerala High Court’s landmark judgment in Nimija v. State of Kerala (CRL.M.C.NO.9443 OF 2022) has redefined the understanding of domestic violence under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), by recognizing body shaming as a form of mental torture. This ruling acknowledges that persistent derogatory remarks about physical appearance, even from family members, constitute verbal and emotional abuse, impacting a victim’s mental health and self-esteem. This article delves into the case’s background, the Court’s interpretation of domestic violence, and its implications for safeguarding women from psychological harm within familial relationships. It also examines similar judicial precedents that expand the scope of domestic violence to include non-physical abuse, highlighting the increasing legal recognition of mental health as a critical aspect of justice. By analyzing the broader social and legal implications, this article underscores the importance of addressing deeply ingrained societal norms like body shaming and emphasizes the need for a holistic approach to domestic violence that protects both the physical and mental well-being of women.

Keywords: Body Shaming, Domestic Violence, Mental Torture, Verbal Abuse, Women’s Rights, Protection of Women from Domestic Violence Act, 2005