Author: PRASANNASRI26092001

THE UTTARAKHAND UNIFORM CIVIL CODE ACT, 2024: A SCALABLE NATIONAL BLUEPRINT OR A FLAWED STATE EXPERIMENT?

AUTHORS – S. NAVAJATH* & DR. MEENU SHARMA**

* STUDENT AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – S. NAVAJATH & DR. MEENU SHARMA A, THE UTTARAKHAND UNIFORM CIVIL CODE ACT, 2024: A SCALABLE NATIONAL BLUEPRINT OR A FLAWED STATE EXPERIMENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 294-303, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Uniform Civil Code of Uttarakhand, 2024 (hereinafter ‘the Act’) is the most significant intervention by legislation in the sphere of Indian personal law since independence. The Act, enacted by the Uttarakhand Legislative Assembly on 7 February 2024 and coming into force on 27 January 2025, aims to abolish the religion-specific personal laws and replace them with a secular and unified system of marriage, divorce, succession, adoption, and live-in relationships. Although the Act is constitutionally based on Article 44 of the Constitution of India, which binds the State to establish a unified civil code on all citizens, it includes substantive elements, which pose a multifaceted and unresolved issue of privacy, federalism, minority rights, gender justice, and the democratic legitimacy of homogenising legal pluralism by subordinate state legislations.n. The paper is a critical analysis of the structural architecture of the Act, its constitutional validity, its differences with current judicial pronouncements and the extent to which it can be used as a prototype within the nation. It holds that, although the Act represents a real and long-overdue effort to achieve a directive principle of constitutional morality, its intrusive system of live-in registration, its selectivity that excludes Scheduled Tribes and leaves the Hindu Undivided Family unharmed, and its lack of reference to LGBTQ+ persons all serve to disqualify its pretensions to universality. The paper has concluded that the Act is not an infallible blueprint or completely failed experiment, but a learning and imperfect prototype whose flaws need to be questioned before it can be duplicated at the national level.

Keywords: Uniform Civil Code, Article 44, Directive Principles of State Policy, personal law, live-in relationships, right to privacy, gender justice, federalism, Scheduled Tribes.

AN ANALYTICAL STUDY OF CRIMINAL LIABILITY IN THE MEDICAL PROFESSION: DOCTORS AND HOSPITALS

AUTHOR – R. INDHU* & MS. SAYANA M**

* 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 – R. INDHU & MS. SAYANA M, AN ANALYTICAL STUDY OF CRIMINAL LIABILITY IN THE MEDICAL PROFESSION: DOCTORS AND HOSPITALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 285-293, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I733

ABSTRACT

Most of the AI systems rely on historical large datasets for predicting future trends and outcomes at a pace which humans would not be able to match. The development of AI in India is in the initial stages and there is no regulatory body focused solely on AI. Some of India’s state governments have also taken few initiatives, such as establishment of Centre of Excellence for Data Science and Artificial Intelligence by Karnataka, Safe and Ethical Artificial Intelligence Policy 2020 and Face Recognition Attendance System by Tamil Nadu, AI-Powered System for monitoring driving behaviour by West Bengal, AI System to fight agricultural risks by Maharashtra etc. As with any other technology, AI brings with it a span of opportunities and challenges. In healthcare, AI could be beneficial in mining medical records; designing treatment plans; forecasting health events; assisting repetitive jobs; doing online consultations; assisting in clinical decision making; medication management; drug creation; making healthier choices and decisions; and solving public health problems etc.

AI could be very helpful in areas where there is scarcity of human resources, such as rural and remote areas. AI technology has been helpful in dealing with COVID-19 in India. It has helped in preliminary screening of COVID-19 cases, containment of coronavirus, contact tracing, enforcing quarantine and social distancing, tracking of suspects, tracking the pandemic, treatment and remote monitoring of COVID-19 patients, vaccine and drug development etc. The path for adoption of AI driven healthcare in India is filled with a lot of challenges. The unstructured data sets, interoperability issues, lack of open sets of medical data, inadequate analytics solutions which could work with big data, limited funds, inadequate infrastructure, lack of manpower skilled in AI, regulatory weaknesses, inadequate framework and issues related to data protection are some of the key challenges for AI-driven healthcare. To adopt AI-based healthcare, it is important to train workforce in AI so that they can carefully handle sensitive health information, protect data against theft and use AI systems effectively. It is also crucial that healthcare decisions based on AI solutions should have a rationale and are explainable.

BETWEEN INNOCENCE AND AGENCY: NAVIGATING ADOLESCENT RELATIONSHIPS, CONSENT, AND CRIMINAL LIABILITY UNDER INDIAN LAW

AUTHOR – ESHVEE DESHWAL, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – ESHVEE DESHWAL, BETWEEN INNOCENCE AND AGENCY: NAVIGATING ADOLESCENT RELATIONSHIPS, CONSENT, AND CRIMINAL LIABILITY UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 273-284, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was a landmark step toward safeguarding minors from sexual abuse and exploitation in India. However, by establishing an absolute age of consent at eighteen and imposing strict liability, the legislation has unintentionally created a severe socio-legal crisis: the criminalization of consensual adolescent relationships. This paper critically investigates the complex intersection of teenage sexuality, consent, and criminal liability under the current Indian legal framework.

By analyzing statutory history, recent judicial trends, and the real-world impact of mandatory minimum sentencing, this research highlights the acute dilemma constitutional courts face when forced to prosecute young adults for mutual romance. Sociological data and court dockets increasingly show that the Act is frequently weaponized by families to penalize elopements or self-chosen relationships, often ignoring the psychological and developmental realities of adolescence. Furthermore, the paper draws on comparative global frameworks such as the “close-in-age” or “Romeo and Juliet” exemptions found in other jurisdictions to argue that India’s rigid age-based liability model disproportionately traumatizes the very youth it was designed to protect. Ultimately, this study advocates for urgent legislative reforms to establish a graded, nuanced approach to statutory rape, distinguishing malicious predatory abuse from consensual adolescent exploration, thereby ensuring a more just, balanced, and empathetic legal system.

BRIDGING THE GAP: A SOCIO-LEGAL ANALYSIS OF THE CONSTITUTIONAL MANDATE FOR INCLUSIVE EDUCATION AND THE RIGHTS OF CHILDREN WITH DISABILITIES

AUTHOR – KUMAR LAKSHAY, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – KUMAR LAKSHAY, BRIDGING THE GAP: A SOCIO-LEGAL ANALYSIS OF THE CONSTITUTIONAL MANDATE FOR INCLUSIVE EDUCATION AND THE RIGHTS OF CHILDREN WITH DISABILITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 264-272, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Education is the bedrock of individual autonomy and social integration, yet for children with disabilities, the realization of this right has historically been obstructed by systemic exclusion and pedagogical rigidity. This research paper explores the Conceptual and Constitutional Framework Governing Inclusive Education, tracing the pivotal shift from the Medical Model which views disability as an individual pathology to be “fixed” to the Social and Human Rights Models, which identify societal barriers as the primary source of disablement.

The study provides a comprehensive analysis of the international legal landscape, centered on the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and examines how these global norms are translated into domestic constitutional mandates. By scrutinizing the principles of Equality, Non-Discrimination, and Reasonable Accommodation, the paper argues that inclusive education is not merely a policy choice but a constitutional imperative rooted in the right to a life with dignity.

Through an examination of judicial activism and landmark case law, the research identifies a growing judicial trend toward enforcing “meaningful access” rather than mere physical integration. However, the study also highlights significant gaps between legislative intent and grassroots reality, such as inadequate teacher training and inaccessible infrastructure. The paper concludes by recommending the adoption of Universal Design for Learning (UDL) and standardized “inclusion audits” to ensure that the constitutional promise of education becomes a lived reality for every child, regardless of ability.

THE RIGHT TO PRIVACY AFTER CONSTITUTIONAL RECOGNITION: A STUDY OF JUDICIAL INTERPRETATION

AUTHOR – VIBHUTI* & DR. MONIKA KHAROLA**

* LL. M. STUDENT AT THE ICFAI UNIVERSITY, DEHRADUN.

** ASSOCIATE DEAN AND ASSOCIATE PROFESSOR, DEPARTMENT OF LAW, THE ICFAI UNIVERSITY,DEHRADUN

BEST CITATION – VIBHUTI & DR. MONIKA KHAROLA, THE RIGHT TO PRIVACY AFTER CONSTITUTIONAL RECOGNITION: A STUDY OF JUDICIAL INTERPRETATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 252-263, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The constitutional recognition of the right to privacy has been considered to be a landmark in Indian constitutional law, changing the balance of power between the individual and the state in a significant manner. This paper attempts to analyse the interpretation of the right to privacy by the judiciary after it was declared to be a fundamental right under Article 21 of the Constitution of India. In doing so, the paper will trace the development of privacy jurisprudence, from being an isolated right based on facts of particular cases, to becoming a holistic right which incorporates personal autonomy, dignity, informational self-determination, and decision-making freedom among other aspects. By means of a doctrinal research of judicial decisions made subsequent to the recognition of the right to privacy, the paper will attempt to critically evaluate how the courts have defined the scope and contours of the said right in various situations, including issues related to surveillance, data security, bodily autonomy and personal decision-making. The paper will also analyse how various constitutional tests like legality, necessity, proportionality, and procedural guarantees have been applied to strike the appropriate balance between the right to privacy and the interest of the state.

RETHINKING THE INSOLVENCY AND BANKRUPTCY LAWS IN INDIA

AUTHOR -SNEHAL EKKA* & AKANKSHA SRIVASTAVA**

* FINAL YEAR LAW STUDENT AT CHRIST UNIVERSITY, PUNE LAVASA CAMPUS

** ASSISTANT PROFESSOR AT CHRIST UNIVERSITY, PUNE LAVASA CAMPUS

BEST CITATION – SNEHAL EKKA & AKANKSHA SRIVASTAVA*A, RETHINKING THE INSOLVENCY AND BANKRUPTCY LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 244-251, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the single largest economic reforms of the post-independence era of India is the Insolvency and Bankruptcy Code, 2016 (‘IBC’). It was passed in an attempt to unify the previously scattered insolvency law regime and institute a time-bound, creditor-controlled resolution regime. It has certainly helped transform India’s credit culture and ranking in the world’s Ease of Doing Business ranking.[1] Nearly a decade later into its operation, three structural gaps persist with long-lasting impact: the institutional marginalization of operational creditors through their category-specific exclusion from the Committee of Creditors[2]; the ease with which the Section 14 moratorium is manipulated so as to negate the objective of business continuity[3]; and the near-total vacuum of a mechanism dealing with environmental liabilities in an insolvency process.[4] Each of these three lacunae is subjected to a thorough doctrinal examination, and located in the existing academic literature. An in-depth comparison is drawn between the IBC and the United States Bankruptcy Code (Chapter 11) and United Kingdom’s Insolvency Act 1986 and Corporate Insolvency and Governance Act 2020. The latter two regimes feature developed tools – such as cramdown, bad faith stay-relief doctrine, monitor function, and environmental successor liability – which may serve as blueprints for addressing the three structural deficits of the IBC.[5] The paper concludes with concrete reforms targeting legislative amendment, judicial adjustments, and institutional capacity building, stating that continued commitment to the IBC’s fundamental purpose necessitates remedying these three deficiencies with the same rigor used in its creation.

Keywords: Insolvency and Bankruptcy Code, Financial Creditors, Operational Creditors, Moratorium,  Green Insolvency, CIRP, IBC 2016.

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[1] “From distress to development: the ibc and india’s economic future,” Aug. 2025, doi: 10.5281/zenodo.16991598.

[2] A. Baxi, “Interim Finance in Creditor-Oriented Bankruptcy Codes: A Study in the Context of Insolvency & Bankruptcy Code, India,” Vikalpa, pp. 025609092211506–025609092211506, Feb. 2023, doi: 10.1177/02560909221150689.

[3] A. Babu and S. Choudhury, “A Critical Analysis of Insolvency and Bankruptcy Law in India”, [Online]. Available: http://iciset.in/Paper2067.pdf

[4] Jean-Michel Sahut et al., What Relation Exists Between CSR and Longevity of Firms?, 17 Int’l J. Bus. 152 (2012).

[5] Insolvency Regime in India and USA: A Comparative Study, SCC ONLINE BLOG (Sept. 19, 2023),
https://www.scconline.com/blog/post/2023/09/19/insolvency-regime-in-india-and-usa-a-comparative-study/

A CRITICAL STUDY ABOUT REHABILITATION AND DETERRENCE UNDER JUVENILE ACT

AUTHOR – K. RENUKA* & DR. ASWATHI SUKUMARA**

* 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 – K. RENUKA & DR. ASWATHI SUKUMARA, A CRITICAL STUDY ABOUT REHABILITATION AND DETERRENCE UNDER JUVENILE ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 237-243, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I728

ABSTRACT

Title: A critical study about rehabilitation and deterrence under juvenile act

This study focuses on the juvenile justice system in India, with special emphasis on balancing rehabilitation and deterrence. Juveniles are individuals below the age of eighteen who are still in a stage of mental, emotional, and psychological development, which makes their treatment under the legal system different from that of adults. The primary objective of this study is to analyze whether the current juvenile justice system in India effectively ensures justice while also providing opportunities for reform and social reintegration.

The research adopts a doctrinal methodology and is based on secondary sources such as books, legal provisions, journal articles, case laws, and online resources. It examines the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, and evaluates the role of institutions such as the Juvenile Justice Board and Child Welfare Committee in dealing with juvenile offenders.

The study emphasizes the importance of rehabilitation through education, counseling, and skill development, which help juveniles become responsible members of society. At the same time, it also highlights the need for deterrent measures, especially in cases involving serious and heinous offences. The findings suggest that a balanced approach between rehabilitation and deterrence is essential to ensure justice, reduce reoffending, and promote the overall development and reintegration of juveniles into society.

BRIDGING THE CHASM: AN EMPIRICAL STUDY ON OVERBURDENING AND INFRASTRUCTURAL DEFICIENCIES IN THE INDIAN JUDICIARY

AUTHOR – DEEPANSHU, 1ST YEAR LAW STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY (NLIU), BHOPAL.

BEST CITATION – DEEPANSHU,BRIDGING THE CHASM: AN EMPIRICAL STUDY ON OVERBURDENING AND INFRASTRUCTURAL DEFICIENCIES IN THE INDIAN JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 227-236, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Indian judiciary, while constitutionally fortified as the guardian of justice and the rule of law, grapples with a chronic crisis of overburdening and infrastructural inadequacies. Despite repeated policy interventions and judicial reforms, the system continues to suffer from staggering case pendency, a grossly inadequate judge-to-population ratio, and lagging infrastructural development, both physical and digital. This research undertakes a comprehensive empirical examination of these systemic challenges through four core dimensions: human resource deficit, infrastructural gaps, procedural bottlenecks, and socio-legal repercussions. Using data from the Ministry of Law and Justice, the Law Commission of India, the National Judicial Data Grid, and contemporary judicial committee reports, the paper analyses the causes, patterns, and impacts of judicial overloading. It further proposes context-specific reforms, drawing comparative insights from global best practices, particularly those of Denmark, the UK, and the USA. The study concludes that resolving India’s judicial crisis demands a calibrated approach integrating institutional innovation, administrative professionalism, and technological transformation within the justice delivery mechanism.

Keywords – Indian Legal System, Overburdening of judiciary, Rule of Law, e-Courts, Case clearance rate, Infrastructure deficit, Judge-to-Population Ratio, Judicial Impact Assessment (JIA), Undertrial Crisis.

A CRITICAL ANALYSIS OF FORENSIC EVIDENCE AND WRONGFUL CONVICTIONS IN INDIA

AUTHOR – S. RAMJITH* & MRS.JISHA JS**

* 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. RAMJITH & MRS.JISHA JS, A CRITICAL ANALYSIS OF FORENSIC EVIDENCE AND WRONGFUL CONVICTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 218-226, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The integrity of forensic evidence is foundational to the legitimacy of criminal justice. In India, however, systemic deficiencies in forensic infrastructure — including chronic laboratory understaffing, inadequate funding, the absence of uniform protocols, and a structural conflict of interest arising from the institutional proximity of forensic laboratories to law enforcement agencies — have rendered forensic evidence unreliable in a significant proportion of criminal trials. This article undertakes a comprehensive critical analysis of the role of forensic evidence in wrongful convictions in India. It examines the conceptual and legal framework governing forensic evidence under the Indian Evidence Act 1872, the evidentiary value and limitations of major forensic disciplines (DNA profiling, fingerprint analysis, ballistics, and toxicology), the institutional architecture of forensic science in India, and the primary causes of wrongful convictions. The article draws on comparative analysis of the Daubert standard (United States), the Forensic Science Regulator model (United Kingdom), and the accreditation frameworks of Australia to identify lessons applicable to India. It concludes with concrete legislative, institutional, and capacity-building recommendations — including the establishment of an independent National Forensic Science Commission, amendment of Section 45 of the Indian Evidence Act to incorporate reliability criteria, and urgent enactment of the DNA Technology (Use and Application) Regulation Bill — to strengthen forensic science and reduce the incidence of wrongful convictions in India.

Keywords: forensic evidence, wrongful convictions, Indian Evidence Act, DNA profiling, cognitive bias, Daubert standard, forensic reform, Section 45, NFSC, criminal justice India

SHIFTING THE BURDEN: THE LEGAL FEASIBILITY OF A SHARED INTER-BANK LIABILITY MODEL TO COMBAT UPI MULE ACCOUNTS IN INDIA

AUTHOR – SEJEL* & DR. VARUN SRIVASTAVA**

* LLM. (CORPORATE, BANKING & INSURANCE LAW), AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – SEJEL & DR. VARUN SRIVASTAVA, SHIFTING THE BURDEN: THE LEGAL FEASIBILITY OF A SHARED INTER-BANK LIABILITY MODEL TO COMBAT UPI MULE ACCOUNTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 209-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The exponential growth of the Unified Payments Interface (UPI) ecosystem in India has democratised digital financial access, yet simultaneously created fertile ground for a sophisticated category of financial crime: the mule account network. These accounts, operated by witting or unwitting intermediaries, serve as conduits through which proceeds of fraud are laundered and dissipated across the banking system before victims can seek redress. The existing legal architecture in India  dispersed across the Payment and Settlement Systems Act 2007, the Prevention of Money Laundering Act 2002, the Indian Penal Code 1860 (now partially superseded by the Bharatiya Nyaya Sanhita 2023), and Reserve Bank of India circulars  allocates liability in a fragmented and victim-hostile manner. This paper proposes a novel conceptual framework: a Shared Inter-Bank Liability (SIBL) model, wherein financial institutions that onboard or maintain mule accounts bear proportionate civil liability toward defrauded UPI users, irrespective of which bank originated the payment. Drawing upon the doctrines of vicarious liability, contributory negligence, and the emerging international standards of payment fraud reimbursement, this paper analyses the feasibility of such a model within Indian constitutional, statutory, and regulatory law. It argues that SIBL is not only legally defensible but is arguably compelled by the constitutional guarantee of the right to life with dignity under Article 21 and the RBI’s mandate to ensure systemic integrity. The paper further examines how such a model could be operationalised through interbank settlement mechanisms, suggests legislative amendments, and confronts the principal objections from the banking sector.