Author: PRASANNASRI26092001

CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS

AUTHOR – M. VANESH* & R. KALAISELVI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – M.VANESH & R.KALAISELVI, CUSTODIAL VIOLENCE IN INDIA: A CRITICAL ANALYSIS OF LEGAL SAFEGUARDS AND ENFORCEMENT MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 765-767, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Custodial violence remains one of the most serious human rights violations within the Indian criminal justice system. Despite constitutional guarantees and judicial safeguards, instances of torture, abuse, and custodial deaths persist. This paper critically examines the legal framework governing custodial conduct in India, evaluates its effectiveness, and identifies structural gaps in enforcement. It argues that the absence of a dedicated anti-torture law, weak accountability mechanisms, and institutional culture contribute significantly to the persistence of custodial violence. The study concludes by recommending comprehensive legal and institutional reforms to ensure accountability and protection of detainees’ rights.

Keywords: Custodial violence, human rights, police brutality, legal safeguards, India, torture

A CRITICAL STUDY ON THE IMPACT OF SOCIAL MEDIA ON THE RIGHT TO PRIVACY

AUTHOR – G. AKILAN* & SREE LAKSHMI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – G. AKILAN & SREE LAKSHMI, A CRITICAL STUDY ON THE IMPACT OF SOCIAL MEDIA ON THE RIGHT TO PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 762-764, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid expansion of social media platforms has transformed communication, information sharing, and digital interaction. While these platforms enhance connectivity and participation, they also raise serious concerns regarding the protection of the right to privacy. This paper critically examines how social media affects individual privacy through data collection, surveillance, and user behavior. It evaluates legal frameworks, corporate practices, and user awareness while identifying key challenges such as data misuse, weak consent mechanisms, and regulatory gaps. The study concludes with recommendations to strengthen privacy protection through legal reforms, corporate accountability, and increased digital literacy.

UNMASKING CARTELS: A COMPARATIVE ANALYSIS OF ANTITRUST LENIENCY AND LESSER PENALTY SCHEMES IN THE USA, UK, EU, AND INDIA

AUTHOR – ARJUN SAJISH, STUDENT AT CHRIST UNIVERSITY, PUNE LAVASA

BEST CITATION – ARJUN SAJISH, UNMASKING CARTELS: A COMPARATIVE ANALYSIS OF ANTITRUST LENIENCY AND LESSER PENALTY SCHEMES IN THE USA, UK, EU, AND INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 751-760, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I782

Abstract

This paper provides a comparative analysis of antitrust leniency and lesser penalty programs in four significant jurisdictions: the US, UK, EU, and India. In this context, through the study of the statutory and procedural framework, it evaluates the criteria for leniency, reduction percentages, confidentiality clauses, and withdrawal procedures. This paper also examines the recent development, namely in India where the Lesser Penalty Regulations, 2024 introduce the “Lesser Penalty Plus” program. The research findings are based on the examination of the substantive law and case law principles, illustrating the way in which competition authorities use tiered rewards in order to undermine anticompetitive arrangements as well as encourage voluntary compliance

Keywords: Withdrawal, lesser Penalty Regulations, Substantive Law, Anticompetitive Arrangements

“CLIMATE CHANGE AS ENVIRONMENTAL CRIME: NEED FOR CRIMINAL LAW RESPONSE”

AUTHOR – SUPRIYA KUMARI, LLM STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – SUPRIYA KUMARI, “CLIMATE CHANGE AS ENVIRONMENTAL CRIME: NEED FOR CRIMINAL LAW RESPONSE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 744-750, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Climate change is usually discussed as a policy failure, a market failure or a civil liability issue. This article argues that the scale, foreseeability and unequal distribution of climate harm also justify a carefully designed criminal law response. The purpose is not to criminalise every emitter, ordinary energy use or development activity, but to address knowing, reckless and profit-driven conduct that creates severe, widespread or long-term climate-related environmental harm. Drawing on current scientific data, India-specific greenhouse gas information, climate litigation trends and emerging international criminal law debates on ecocide and environmental crimes, the article explains why criminal law should become part of a broader climate governance framework. It proposes a graded model that combines corporate criminal liability, individual responsibility of decision-makers, climate-related fraud offences, mandatory disclosure duties, sentencing principles, restorative remedies and protection against over-criminalisation. The argument is that climate criminality must be attached to culpable conduct, not mere contribution to emissions, and must be supported by science-based attribution, due process and proportionality.

Keywords – Climate change; environmental crime; ecocide; corporate criminal liability; greenhouse gas emissions; criminal law; India; climate justice; environmental governance.

THE NORMATIVE DEFICIENCY OF AMERICAN LEGAL REALISM: DESCRIPTION WITHOUT JUSTIFICATION

AUTHOR – ADV. HRUSHIKESH GORDE, LLM II ND YEAR, D.E.S. SNFLC, PUNE

BEST CITATION – ADV. HRUSHIKESH GORDE, THE NORMATIVE DEFICIENCY OF AMERICAN LEGAL REALISM: DESCRIPTION WITHOUT JUSTIFICATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 736-743, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

American legal realism fundamentally transformed modern jurisprudence by overthrowing formalist orthodoxy and revealing the indeterminacy of legal rules, the psychological and social factors influencing judicial behavior, and the predictive nature of law. Yet for all its descriptive power, legal realism suffers from a profound normative deficiency: it can tell us what judges do, but it cannot tell us what judges should do. This article argues that realism’s core commitments—indeterminacy, the fact-value distinction, skepticism about rules, and the reduction of law to empirical prediction—render it incapable of distinguishing legitimate adjudication from arbitrary power, reasoned deliberation from caprice, or justice from raw preference. After tracing the historical evolution of realism and articulating its normative deficiencies, the article examines failed internal responses from the legal process school, Ronald Dworkin’s interpretive theory, and pragmatic neorealism. It concludes that realism cannot be normatively reconstructed from within. Instead, the way forward requires supplementing realist description with external normative anchors—democratic legitimacy, rule-of-law values, fairness, and procedural norms such as reasoned elaboration and like-case treatment—while adopting a limited indeterminacy thesis. By integrating realist insights into a broader, normatively anchored jurisprudence, legal theory can preserve realism’s critical edge against formalism without collapsing into cynicism or pure power analysis.

Keywords – Legal realism; legal formalism; judicial discretion; indeterminacy; normativity; adjudication; rule of law; fact-value distinction; Jerome Frank; Karl Llewellyn; Oliver Wendell Holmes Jr.; legal process school; Ronald Dworkin; normative deficiency; jurisprudence

“A STUDY ON THE SUSTAINABLE AGRICULTURAL PRACTICES AND FOOD SECURITY IN INDIA”

AUTHOR – S DEEPAN KUMAR* & MR. AJAY KRISHNA S P**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – S DEEPAN KUMAR & MR. AJAY KRISHNA S P, “A STUDY ON THE SUSTAINABLE AGRICULTURAL PRACTICES AND FOOD SECURITY IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 726-735, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Agriculture has historically been the backbone of the Indian economy, providing livelihood to over half the population and ensuring national food availability. While the Green Revolution transformed India from a food-deficit nation to one capable of self-sufficiency, excessive reliance on chemical inputs, monocropping, and groundwater exploitation has created serious environmental and socio-economic imbalances that threaten long-term food security. This article undertakes a critical socio-legal analysis of the relationship between sustainable agricultural practices and food security in India. It examines the constitutional and statutory frameworks—including the National Food Security Act 2013, the National Mission for Sustainable Agriculture, and allied environmental legislation—and evaluates their effectiveness in integrating sustainability with food security objectives. Drawing on international frameworks such as the UN Sustainable Development Goals, the Paris Agreement, and comparative models from the European Union and Argentina, the article identifies persistent structural barriers including fragmented landholdings, inadequate credit, certification burdens, market failures, and governance deficits. It concludes that India’s future food security is contingent on a systemic shift from a production-centric to a sustainability-oriented agricultural paradigm, supported by comprehensive legal reform, inclusive policy design, and coordinated institutional action.

Keywords: Sustainable agriculture, food security, National Food Security Act 2013, National Mission for Sustainable Agriculture, Green Revolution, organic farming, Zero Budget Natural Farming, socio-legal analysis, agricultural law, India

MEDICAL NEGLIGENCE LAWS IN INDIA – A COMPREHENSIVE ANALYSIS OF LEGAL FRAMEWORK, JUDICIAL PRECEDENTS, AND CONTEMPORARY CHALLENGES

AUTHOR – JISHU DAS, STUDENT AT NATIONAL LAW UNIVERSITY, TRIPURA

BEST CITATION – JISHU DAS, MEDICAL NEGLIGENCE LAWS IN INDIA – A COMPREHENSIVE ANALYSIS OF LEGAL FRAMEWORK, JUDICIAL PRECEDENTS, AND CONTEMPORARY CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 721-725, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Medical negligence represents a critical intersection of healthcare delivery, professional accountability, and patient rights within the Indian legal system. It occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm, injury, or death to a patient. Unlike ordinary negligence, medical negligence demands a nuanced evaluation due to the inherent complexities of medical science, where outcomes are not always predictable and errors of judgment may arise even in competent practice.0

In India, medical negligence is not regulated by a single comprehensive statute. Instead, it draws from multiple legal domains, including criminal law under the Bharatiya Nyaya Sanhita (BNS), 2023, civil remedies primarily through the Consumer Protection Act (CPA), 2019, principles of tort law, and disciplinary mechanisms enforced by the National Medical Commission (NMC) and State Medical Councils. This multifaceted approach aims to balance patient protection with the need to shield medical practitioners from frivolous litigation that could foster defensive medicine and undermine healthcare delivery.2

The significance of this area has grown with India’s expanding healthcare sector. Reports indicate a substantial rise in litigation, with approximately 65,000 medical negligence cases filed in 2025 across various forums, including consumer commissions, high courts, and the Supreme Court. This surge highlights increasing patient awareness and expectations, alongside challenges such as inadequate documentation and the absence of consolidated national data on malpractice trends.12

This article examines the evolution, key elements, legal provisions, landmark judicial decisions, procedural aspects, and emerging issues in medical negligence law in India as of April 2026. It underscores the delicate equilibrium required between accountability and professional autonomy in a resource-constrained healthcare environment.

FROM HUMAN CREATOR TO VIRTUAL ARTIST: ANALYZING THE CHALLENGES OF GEN AI ON EXISTING LAWS GOVERNING COPYRIGHT

AUTHOR – SPANDHANA. M & YOVNA KOTHARI

STUDENTS AT BITS LAW SCHOOL MUMBAI

BEST CITATION – SPANDHANA. M & YOVNA KOTHARI, FROM HUMAN CREATOR TO VIRTUAL ARTIST: ANALYZING THE CHALLENGES OF GEN AI ON EXISTING LAWS GOVERNING COPYRIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 706-720, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I777

ABSTRACT

With the development of artificial intelligence (AI), which makes it possible for robots to carry out jobs that were previously only possible for humans, information technology has rapidly changed on a worldwide scale. Natural language processing-powered tools like virtual assistants serve as examples of this change. Simultaneously, generative AI (GenAI) has become a potent force in artistic creation, posing difficult legal issues with regard to intellectual property, especially copyright.

The “output problem,” or whether AI-generated works are eligible for copyright protection, is a major concern. Despite being created by humans, AI’s ability to be creative on its own defies conventional frameworks that exclusively acknowledge human authorship. This raises questions about who owns the rights: the user, the programmer, or neither? When AI systems use pre-existing copyrighted content in their creation processes, the problem becomes much more complex.

WIPO and other international organizations are actively investigating these issues in order to create appropriate regulatory strategies. In order to evaluate the burden GenAI places on copyright law, this article engages with international legal discourse and judicial viewpoints. It draws attention to the shortcomings of existing theories on originality and authorship as well as the more fundamental normative worry that widespread algorithmic replication could weaken artistic originality. In the end, it makes the case for a fair structure that encourages creativity while maintaining originality.

ECOCIDE UNDER INTERNATIONAL CRIMINAL LAW : A DOCTRINAL ANALYSIS OF LEGAL RECOGNITION AND LIABILITY

AUTHOR –AKASH S, LLM STUDENT AT GLC, VELLORE, TNDALU

BEST CITATION – AKASH S, ECOCIDE UNDER INTERNATIONAL CRIMINAL LAW : A DOCTRINAL ANALYSIS OF LEGAL RECOGNITION AND LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 696-705, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Environmental destruction has emerged as one of the most pressing challenges confronting the international legal order. While international law has progressively recognised environmental protection as a collective concern of humanity, serious environmental harm continues to occur with minimal accountability. Environmental crimes, ranging from illegal resource extraction to large-scale pollution and ecosystem destruction, expose the limitations of existing legal frameworks that primarily address environmental harm through state responsibility rather than individual criminal liability. This gap has led to growing discourse around the recognition of ecocide as an international crime.

Ecocide refers to severe, widespread, or long-term damage to the environment that threatens the survival of ecosystems and human populations alike. Although not formally recognised under the core international criminal law instruments, the concept challenges the anthropocentric orientation of international law by placing intrinsic value on nature itself. This paper examines the evolution of environmental crimes under international law and critically analyses the legal and normative foundations for recognising ecocide as a distinct international crime. It explores how principles such as intergenerational equity, sustainable development, and environmental justice support the criminalisation of mass environmental harm. The paper further assesses the role of international institutions and soft-law instruments in shaping environmental accountability, while highlighting the structural and political barriers that hinder enforcement.

By situating ecocide within the broader framework of international criminal law, the study argues that recognising ecocide would strengthen global environmental governance and reinforce the responsibility of states, corporations, and individuals. Ultimately, this paper contends that the inclusion of ecocide within international law is not merely a legal innovation but a moral and ecological necessity in an era marked by climate crisis and irreversible environmental loss.

KEY WORDS: Environment Crimes, Ecocide, International Law, Environmental Justice, Accountability.

TRANSFORMING HOUSING IN INDIA: LEGAL DIMENSIONS OF BLOCKCHAIN IN NEXT-GENERATION REAL ESTATE IN INDIA

AUTHOR – JASRAJ BHOWMIK* & DR. VIJAISHREE DUBEY PANDEY**

* STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), DELHI-NCR

** ASSISTANT PROFESSOR AT CHRIST (DEEMED TO BE UNIVERSITY), DELHI-NCR

BEST CITATION – JASRAJ BHOWMIK & DR. VIJAISHREE DUBEY PANDEY, TRANSFORMING HOUSING IN INDIA: LEGAL DIMENSIONS OF BLOCKCHAIN IN NEXT-GENERATION REAL ESTATE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 689-695, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s real estate sector—one of the largest in the world—has long struggled with opacity, fraud, fragmented regulation, and poor liquidity. While the Real Estate (Regulation and Development) Act, 2016 (RERA) addressed some of these problems, it cannot fix everything on its own. Blockchain technology offers a structural solution: immutable title records, smart contract-based transaction automation, and property tokenization that enables fractional ownership and secondary market liquidity.

This dissertation examines the legal and regulatory dimensions of blockchain adoption in Indian real estate. It analyzes how blockchain interacts with existing frameworks—RERA, the Transfer of Property Act, the Registration Act, stamp duty law, FEMA, and SEBI’s REIT regulations—and explores how two established investment vehicles, Limited Liability Partnerships (LLPs) and Real Estate Investment Trusts (REITs), can be enhanced through blockchain integration. The study adopts a doctrinal methodology, drawing on statutes, judicial decisions, government reports, and comparative insights from Singapore and the UK. It concludes with concrete recommendations for policymakers, investors, and legal practitioners.

Keywords: Blockchain, Real Estate Tokenization, RERA, LLP, REITs, Smart Contracts, FEMA, SEBI.