Author: PRASANNASRI26092001

A COMPARATIVE STUDY ON THE POTENTIAL INTEGRATION OF ARTIFICIAL INTELLIGENCE IN INDIA’S CRIMINAL AND CIVIL LEGAL SYSTEMS

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, CASE COMMENT ON ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL & OTHERS, [2020] 7 S.C.R. 180, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 28-34, 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

“Artificial intelligence is the most powerful tool that we have, but it needs to be used in a way that respects human dignity.”  – Sundar Pichai (CEO of Google)                                                                                                                    

This study examines the integration of Artificial Intelligence (AI) in criminal and civil law systems, comparing its applications, benefits, and challenges. In criminal law, AI is used for predictive policing, forensic analysis, case management, and sentencing recommendations, improving efficiency and consistency. However, concerns about bias, data privacy, and ethical implications, especially regarding human rights, are raised. In civil law, AI aids in contract analysis, dispute resolution, and legal research, automating tasks and enhancing access to legal services. The study evaluates AI’s role in procedural efficiency, fairness, and legal integrity across both systems, considering various jurisdictions and case studies. It also addresses the ethical challenges of AI integration and stresses the need for a balance between innovation and justice. The study concludes with recommendations for responsible AI integration, advocating for a hybrid approach combining technological efficiency with human oversight to protect fairness and fundamental rights

Keywords: Artificial Intelligence, Criminal Law, Civil Law, Case Management, Sentencing Recommendations, Legal Ethics, Algorithmic Decision-Making.

SHOULD COMPANIES BE ALLOWED TO PATENT AI-GENERATED CONTENT?

AUTHOR – MS RAKSHITA PANT, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS.

BEST CITATION – MS RAKSHITA PANT, SHOULD COMPANIES BE ALLOWED TO PATENT AI-GENERATED CONTENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 134-136, APIS – 3920 – 0001 & ISSN – 2583-2344.

“The advance of AI is as transformative as the Industrial Revolution, and with great change comes the responsibility to reshape our legal and ethical frameworks to align with this new reality.”

ABSTRACT

This research paper delves into the contentious issue of whether companies should be allowed to patent AI-generated content, presenting a compelling argument in favour of such rights. By analysing the legal, psychological, and economic dimensions of this debate, it is posited that permitting patents for AI-generated innovations would drive technological advancement, encourage investment, and remain consistent with established intellectual property principles. The paper further offers targeted recommendations to develop a robust legal framework capable of accommodating both human and AI contributions, thereby fostering sustainable progress in the realm of innovation.

Key Words – AI-Generated Content, Intellectual Property Rights, Patent Law, Innovation Policy.

BEYOND DECRIMINALIZATION: BRIDGING THE GAPS IN LGBTQ+ FAMILY LAW IN INDIA

AUTHOR – HARSHAVARDHAN SAYAJI NANGRE, STUDENT AT MAHARASHTRA NATIONAL LAW, MUMBAI

BEST CITATION – HARSHAVARDHAN SAYAJI NANGRE, BEYOND DECRIMINALIZATION: BRIDGING THE GAPS IN LGBTQ+ FAMILY LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 129-133, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article critically examines the systemic inadequacies in Indian family law that continue to marginalize LGBTQ+ individuals despite significant progress in LGBTQ+ rights, notably the decriminalization of homosexuality in Navtej Singh Johar v. Union of India (2018). Although decriminalization was a milestone, the Indian family law system remains deeply heteronormative and fails to legally recognize and protect LGBTQ+ families in marriage, adoption, inheritance, and surrogacy.

The article identifies the constitutional contradictions arising from excluding LGBTQ+ persons from marriage equality, adoption rights, and inheritance laws through a comparative jurisprudence analysis and landmark Indian cases. It claims that the failure to enact reforms is perpetuating inequality, societal prejudice, and legal uncertainty. It discusses the possible role global precedents from decisions such as Obergefell v. Hodges (U.S.) and X and Others v. Austria of the European Court of Human Rights could play as guidelines for legislative evolution in India. Lastly, the article underlines the imperative need of overall legislative reforms in the form of gender-neutral amendments to the Special Marriage Act, religious marriage laws, explicit recognition of LGBTQ+ adoption rights, and inheritance provisions. For this, it also advocates domestic partnership laws and expansion of surrogacy and assisted reproductive technologies to LGBTQ+ individuals and couples.

LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE

AUTHOR – PRANAV PAI, STUDENT AT JINDAL GLOBAL LAW SCHOOL

BEST CITATION – PRANAV PAI, LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 119-128, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

As guardian of the Constitution, the judiciary is one of the three organs of the State crucial for the stability and functioning of democracy in India. In protecting the fundamental tenets of the Indian Constitution over the past 50 years, the judiciary has utilised the Basic Structure Doctrine to ‘check’ the legislature’s law-making powers. While the principle of the Doctrine aligns with the broad approach of separation of powers followed in India, in practice, applying the Doctrine as a norm can compromise Parliamentary sovereignty and trigger an imbalance of power. Other problems like vagueness, subjectivity and inconsistent application also undermine its purpose and efficacy. The Doctrine must therefore be used with caution while keeping constitutional principles in mind.

While the Doctrine has emerged as a constitutional custodian, its application has often created complexities and power imbalances between the legislature and judiciary. A comprehensive analysis of the Doctrine using relevant case laws and scholarly articles reveals that it requires careful and considered application. Finally, though the Doctrine has transformed the legal landscape of India, a fine balance must be struck between judicial review and overreach, principle and practice, legislature and judiciary.

Keywords: Basic Structure Doctrine, Separation of Powers, Parliamentary Sovereignty, Amendments, Constitution, Judicial Review.

UNIFIED ELECTORAL FRAMEWORK: INDIA’S QUEST FOR SIMULTANEOUS POLLS

AUTHOR – Y.JECINTHA BENADICTA, LLM SCHOLAR AT THE CENTRAL LAW COLLEGE, SALEM

BEST CITATION – Y.JECINTHA BENADICTA, UNIFIED ELECTORAL FRAMEWORK: INDIA’S QUEST FOR SIMULTANEOUS POLLS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 113-118, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The proposal for simultaneous nationwide elections and the endorsement of the report submitted by a high-level committee headed by former President Ram Nath Kovind has given the idea of “One Nation, One Election” (ONOE) groundswell and has regained popularity in Indian political circles. Proponents of the approach argue that it could improve governance by reducing frequent disruptions due to electoral delays and allowing the government to focus on long-term policy implementation rather than short-term electoral strategies. Moreover, reducing the costs associated with holding multiple elections and streamlining the electoral process could promote a sense of stability and predictability in governance.^[1]

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[1] “‘Simultaneous Elections Were the Norm…’: Ram Nath Kovind Defends ‘One Nation, One Election,’” The Times of India, October 6, 2024, https://timesofindia.indiatimes.com/india/simultaneous-elections-were-the- norm-ram-nath-kovind-defends-one-nation-one-election/articleshow/113981126.cms.

UNVEILING THE SHADOWS: UNDERSTANDING WOMEN TRAFFICKING IN THE MODERN WORLD

AUTHOR – HEBA JAWED, ADVOCATE & INDEPENDENT AUTHOR FROM NEW DELHI

BEST CITATION – HEBA JAWED, UNVEILING THE SHADOWS: UNDERSTANDING WOMEN TRAFFICKING IN THE MODERN WORLD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 91-112, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This dissertation seeks to offer a thorough examination of women trafficking, uncovering its intricate characteristics, underlying reasons, and socio-economic consequences. Utilizing theoretical models, empirical investigations, and real-world cases, it delves into the intricate workings of trafficking networks, the vulnerabilities faced by victims, and the impact of counter-trafficking efforts. By analyzing the interplay of gender, migration, and globalization, this study aims to enrich discussions on human trafficking and guide policy measures to combat this grave infringement of human rights. Reaching out to the issue of Women trafficking involves a lot of perception. The concept of Women trafficking refers to the criminal practice of exploiting women by treating them like commodities for profit^[1]. Human trafficking is expressly prohibited under the Constitution of India under Article 23.

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[1] Dr. C.M. Prakasha, A Study of Human Trafficking in India: An Overview, 7 Int’l J. Mgmt. & Soc. Sci. 11 (2019).

DATA PROTECTION IN DIGITAL ERA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCES OF DATA PROTECTION ACT, 2023

AUTHOR – MR. MD JIYAUDDIN & DR. SUNITA BANERJEE, ASSISTANT PROFESSORS OF LAW, VEL TECH RANGARAJAN DR SAGUNTHALA R & D INSTITUTE OF SCIENCE AND TECHNOLOGY, IMDJIYAUDDIN@GMAIL.COM

, BEST CITATION – MR. MD JIYAUDDIN & DR. SUNITA BANERJEE, DATA PROTECTION IN DIGITAL ERA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCES OF DATA PROTECTION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 82-90, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In an era marked by unparalleled digital data expansion and technological change, securing personal data has become a top priority for individuals, organisations, and governments throughout the world. The impact of social media on people’s right to privacy has sparked considerable controversy. The importance of data protection has risen dramatically over the last several decades, reaching previously inconceivable heights as a result of global digitalisation, including India. The concept of “privacy” dates back to the dawn of human civilisation. However, comprehending privacy may be difficult. There is no commonly agreed definition of “privacy” among scholars since the term changes alongside society. The term “right to privacy” has developed to cover rights such as the right to be alone or to be anonymous, which have emerged throughout human history. Protecting this freedom is critical in today’s world, given the proliferation of digital media. The implementation of the Digital Personal Data Protection Act, 2023, is significant in that it defines rules for the authorised handling of personal data, giving power and protecting individuals’ rights. The DPDP Act’s main goal is to increase the accountability and responsibility of organisations that operate inside Indian borders, such as internet companies, mobile applications, and companies that collect, store, and alter citizen data. Emphasising the ‘Right to Privacy,’ this law seeks to make sure that these organisations are transparent and answerable for how they handle personal information, therefore prioritising individual rights to privacy and data protection. Thus, examining the Digital Data Protection Act 2023 from a privacy perspective is pertinent.

Key Words: Digital data expansion, Technological change, Right to privacy, Unparalleled, Accountability and Responsibility

PROVISIONS RELATING TO APPEAL IN CONTEMPT OF COURTS ACT, 1971

AUTHOR – SNEHA RAWAT & HARSH TYAGI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – SNEHA RAWAT & HARSH TYAGI, PROVISIONS RELATING TO APPEAL IN CONTEMPT OF COURTS ACT, 1971, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 78-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The judiciary cannot itself claim immunity to criticism. Healthy criticism, after all, is quite necessary for its own functioning. However, when such criticism cuts into the meaning of clear distortions or serious misrepresentations, more so if the criticism seems designed to demean the dignity of the judiciary and reduce public trust in it, steps must be taken. Even though action for contempt of court is a discretionary measure, it should not be pressed too frequently or too lightly.

THE SEPARATION OF POWER IN THE FRAMEWORK OF TAX ASSESSMENT

AUTHOR – SNEHA RAWAT & HARSH TYAGI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – SNEHA RAWAT & HARSH TYAGI, THE SEPARATION OF POWER IN THE FRAMEWORK OF TAX ASSESSMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 73-77, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The assessment and the reassessment proceedings mentioned mainly in §140 – §149 of the income tax act, 1961 (herein referred as the Act), has undergone several amendments since its inception. It has been, from the beginning, the main focus of legislative reforms and judicial scrutiny, due to its pertinent nature. Every individual, whoever exceeds the exemption limit, is subjected to file an income tax return within a prescribed date.^[1] Similarly, every company, having a turnover above the prescribed upper limit, is subjected to a tax audit,^[2] or an audit in another act^[3] within a due date as per the section. Most of these declarations are facilitated by a CA or a knowledgeable expert in this field. However, all declarations are not completely scrutinized by the tax authorities. That is where the assessment provision comes in.^[4] Assessment verifies and validate these declarations such that losses are not overstated, and accuracy and legitimacy of the returns filed are preserved. The goal is to ensure the integrity of tax collection and avert any possibility of misuse and inconsistencies in the financial data reported. Because the executive body is vested with such powers to seize declare and check the data anytime, it becomes pertinent to have a balance and check of judiciary.

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[1]  Income Tax Act 1961,  § 140 – § 149.

[2]  Income Tax Act 1961, § 44AB.

[3]  After the amendment of 2023, proviso 2 of § 44AB, gives such an exemption.

[4]  Income Tax Act 1961, § 143.

THE MISUSE OF ANTI-TERRORISM LAWS: HOW UAPA AND PMLA VIOLATE HUMAN RIGHTS UNDER FATF’S WATCH

AUTHOR – DISHA SINGHAL, STUDENT AT SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

BEST CITATION – DISHA SINGHAL, THE MISUSE OF ANTI-TERRORISM LAWS: HOW UAPA AND PMLA VIOLATE HUMAN RIGHTS UNDER FATF’S WATCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 64-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper titled, ‘The Misuse of Anti-Terrorism Laws: How UAPA and PMLA Violate Human Rights Under FATF’s Watch’ under the theme ‘Rights, Equality and Social Justice’ aims at analyzing anti-terrorism and combating the financing of terrorism and anti-money laundering laws of India with reference to the Unlawful Activities (Prevention) Act, 1967 and the Prevention of Money Laundering Act, 2002. These laws formulated to counter terrorism and its financing have been broadened and modified to meet international standards, especially the Financial Action Task Force Recommendations. Nevertheless, this type of expansion has now elicited grievous human rights concerns. The paper examines the broad and ambiguous nature of these laws and their applicability to journalists, activists, and civil society organizations for politically sensitive cases. Using journalist Siddique Kappan’s case where he was charged under both UAPA and PMLA, the study explains how these laws are being utilized to repress opposition and suppress freedom of speech.

The paper shall delve into the analysis of how India’s compliance with FATF norms resulted in the violation of human rights. The paper also claims that due to the sweeping and vague nature of these laws, important fundamentals such as; the right to a fair trial, and the presumption of innocence are also violated. Besides, it highlights the fact that the use of these laws to stifle opposition is counter-productive for counter-terrorism, the violation of human rights in the fight against terrorism is counter-productive.
In the paper’s conclusion, the author points to the need for the review of these laws, stricter regulation of such policies, and involvement of civil society in the evaluation of its policies by FATF, and for protecting human rights defenders. It asserts and insists that for justice to prevail, for India to win, it has to balance on the twin wheels of security and liberty, national security and the protection of rights to freedom.

Keywords: Human Rights, Terrorist Financing, Money Laundering, FATF, PMLA, UAPA, Due Process, Fair Trial