Author: PRASANNASRI26092001

  • “ARTIFICIAL INTELLIGENCE IN LEGAL RESEARCH AND LEGAL DRAFTING”

    “ARTIFICIAL INTELLIGENCE IN LEGAL RESEARCH AND LEGAL DRAFTING”

    AUTHOR – SIBI SANAKYAN. S* & BHUVANESHWARI.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 – SIBI SANAKYAN. S & BHUVANESHWARI.M, “ARTIFICIAL INTELLIGENCE IN LEGAL RESEARCH AND LEGAL DRAFTING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 205-208, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I724

    ABSTRACT

    Artificial Intelligence (AI) is rapidly transforming the legal field, especially in legal research and legal drafting. This study examines how AI-driven tools assist legal professionals in handling tasks such as case analysis, document review, contract preparation, and predictive decision-making. By automating routine and time-consuming processes, AI improves efficiency and allows lawyers to focus on more analytical and strategic aspects of their work.

    However, the integration of AI into the legal system also raises significant concerns regarding privacy, data protection, accountability, transparency, and ethical responsibility. This research critically evaluates these challenges in light of existing legal frameworks, important judicial decisions, and constitutional principles, with particular focus on the Indian context while also considering international developments.The study follows a doctrinal research methodology, relying on case laws, statutes, and policy reports to assess both the benefits and limitations of AI in law. It concludes that while AI has the potential to enhance the quality and accessibility of legal services, it cannot replace human judgment. Therefore, its use must be supported by proper regulation, ethical guidelines, and human oversight to ensure fairness and justice.1

    Keywords:Artificial Intelligence, Legal Research, Legal Drafting, Automation, Judicial System, Data Privacy, Ethics, Accountability, Indian Legal System, Technology in Law

  • “FALSE ALLEGATIONS OF RAPE: EXAMINING LEGAL CONSEQUENCES AND SOCIAL IMPLICATIONS”

    FALSE ALLEGATIONS OF RAPE: EXAMINING LEGAL CONSEQUENCES AND SOCIAL IMPLICATIONS

    AUTHOR – P. SUBRAMANIAN* & ANNA JOHN**

    * 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 – P. SUBRAMANIAN & ANNA JOHN, “FALSE ALLEGATIONS OF RAPE: EXAMINING LEGAL CONSEQUENCES AND SOCIAL IMPLICATIONS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 198-204, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I723

    ABSTRACT

    In the current legal and social environment, the problem of false accusations of rape has grown in importance and sensitivity. Although laws pertaining to rape are crucial for safeguarding victims and guaranteeing justice, their abuse through false allegations poses significant difficulties for both the legal system and individuals. The concept of false accusations of rape, as well as their causes, legal ramifications, and social ramifications, are the main subjects of this study. The study emphasises that a variety of factors, including interpersonal disagreements, marital problems, emotional strain, or miscommunications, can give birth to false accusations. Such incidents may not be extremely frequent, yet they have a big influence. A person who is wrongly accused of rape may suffer serious repercussions, such as reputational damage, psychological distress, social humiliation, and harm to their personal and professional lives. Additionally, the accused’s family may experience social and emotional challenges. It examines how current legislation seeks to prevent abuse while simultaneously protecting victims. Nonetheless, the study highlights a number of issues with the legal system, including the difficulty of gathering evidence, the length of time it takes for court cases to advance, and the absence of precise standards for differentiating between true and false accusations. It is also emphasised how the public’s view and the media play a significant role in these cases. The necessity of a balanced approach is emphasised in the study’s conclusion. It implies that while victims must continue to have robust legal protection, steps should also be taken to stop the law from being abused. To guarantee justice and fairness, improvements in investigation, prompt trials, legal knowledge, and ethical media coverage are required.

    Keywords: False rape accusations, Legal challenges, Psychological and social impact, Misuse of law, Fair justice system

  • AI AND DATA PROTECTION BALANCING INNOVATION AND PRIVACY

    AI AND DATA PROTECTION BALANCING INNOVATION AND PRIVACY

    AUTHOR – BALA VINAYAGAM G* & SREE LEKSHMI B**

    * 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 – BALA VINAYAGAM G & SREE LEKSHMI B, AI AND DATA PROTECTION BALANCING INNOVATION AND PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 195-197, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    Fast spread of artificial intelligence changes how world economies work. Not anymore stuck with fixed data, systems now create things on their own. Yet trouble appears when machines needing tons of information clash with people’s right to keep details private. A tight spot forms – pick either free access to data for progress or strict rules protecting privacy but slowing tech down. Different regions handle this in separate ways. Europe puts rights first. The U.S. leans on market forces. India tries both, mixing ideas through its new law from 2023. Instead of forcing users to agree blindly, better path lies elsewhere. Designers must answer for what their algorithms do. Tools that protect personal info should become standard. Balance comes not by blocking data nor ignoring limits – but building smarter responsibility into the system itself.

    Looking closer, this work looks at legal and social effects tied to the “Black Box” issue – when machine learning decisions stay unclear, it shakes transparency and fairness. Since AI now acts more independently than just assisting in areas such as health care, money matters, or court-related systems, old methods like telling users and getting permission fall short. The argument here shifts away from simply blocking data movement toward building privacy into technology itself, along with stronger control over personal information. Recent court patterns near 2025 and 2026, especially key verdicts about fake videos and individual identity rights, suggest one clear route forward: balancing progress with respect for people’s worth backs lasting trust in AI within democracies.

    Drawing on recent judicial trends from 2025 and 2026 regarding digital identity and synthetic media, the paper concludes that sustainable AI growth is not achieved by blocking data movement, but by embedding smarter, automated responsibility into the systems themselves. True progress thrives when privacy is treated as a foundational element of innovation rather than a regulatory hurdle.

    By moving beyond the antiquated “notice and consent” model—which often results in users blindly agreeing to terms they do not understand—this research advocates for a shift toward “Privacy by Design”. We explore the technical and legal implications of the “Black Box” phenomenon, where the opacity of machine learning algorithms undermines accountability and fairness in sensitive sectors like healthcare and finance.

  • CHILD SEXUAL ABUSE UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

    CHILD SEXUAL ABUSE UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

    AUTHOR – LOKASHRUTI GANESAN, STUDENT AT KES SHRI JAYANTILAL H PATEL LAW COLLEGE

    BEST CITATION – LOKASHRUTI GANESAN, CHILD SEXUAL ABUSE UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 178-184, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI  – https://doi.org/10.65393/IJLRV6I720

    ABSTRACT

    Child sexual abuse (CSA) represents a profound societal challenge, particularly in conservative contexts like India, where discussions on sexuality are often avoided, leading to underreporting and heightened vulnerability among children. Globally and in India, CSA affects a significant portion of the youth, with estimates suggesting one-third to one-half of children experience abuse, often perpetrated by trusted individuals such as family members, educators, or community figures, resulting in lasting physical, psychological, and social harm. 

    This study aims to examine the prevalence, causes, impacts, legal frameworks, reporting challenges, and preventive strategies for CSA, with a focus on empowering families, communities, and institutions in India to foster child safety and awareness under the Protection of Children from Sexual Offences (POCSO) Act, 2012.  

    The analysis draws on a literature review of global and Indian data on CSA incidence, offender profiles, and psychological effects, alongside an evaluation of the POCSO Act’s provisions, including its 2019 amendments for stricter penalties and child-friendly procedures. It  

    incorporates qualitative insights into causes, victim impacts, reporting barriers like coercion and stigma, and practical preventive measures, such as body safety education and community campaigns, synthesized from policy documents and awareness guidelines.  

    CSA inflicts immediate effects like fear, anxiety, and PTSD, alongside long-term risks including  self-harm, substance abuse, and relational difficulties, often compounded by multiple forms of childhood maltreatment. In India, 149,404 POCSO cases were reported in 2021, yet conviction rates remain low due to backlogs, with Uttar Pradesh showing 77.8% unresolved cases and an average disposal time of 509.78 days. Preventive strategies, including school-based education on safe/unsafe touch, parental involvement, and community worker-led campaigns, emphasize trustbuilding and reporting protocols to mitigate risks. Reporting is hindered by systemic insensitivity  and coercion, which can undermine testimony credibility.  

    Addressing CSA requires a multifaceted approach integrating strict POCSO enforcement, awareness programs to break silence and stigma, and support for survivor rehabilitation to ensure child protection and societal healing. Collective responsibility from families, schools, and communities is essential to create safer environments where children can thrive without fear.  

  • CHOICE, CONTROL AND CONFLICT: A CRITICAL STUDY OF WOMEN’S REPRODUCTIVE RIGHTS IN INDIA

    CHOICE, CONTROL AND CONFLICT: A CRITICAL STUDY OF WOMEN’S REPRODUCTIVE RIGHTS IN INDIA

    AUTHOR – ASHMEET KAUR KHANUJA, STUDENT AT UNITEDWORLD SCHOOL OF LAW KARNAVATI UNIVERSITY

    BEST CITATION – ASHMEET KAUR KHANUJA, CHOICE, CONTROL AND CONFLICT: A CRITICAL STUDY OF WOMEN’S REPRODUCTIVE RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 171-177, APIS – 3920 – 0001 & ISSN – 2583-2344.

    INTRODUCTION

    Reproductive rights are also a constituent of the human rights of women and are directly connected to the matter of bodily autonomy, dignity, and gender equality. The history of socio-political arguments in India on population control, family planning, and women health in India has influenced these rights. The most notorious in this respect was the mass forced sterilizations of the Emergency period of 1975-77, when state-organized violence of the population control in extreme violation of personal freedom and self-determination was imposed[1]. Even though India has since shifted to a rights-based approach to reproductive health, there are still problems. Women, especially of the marginalized groups, are still under coercion in sterilization camps, inability to use safe methods of contraceptives and inefficiency in appreciating their consent in making decisions about reproduction[2]. Not only are these practices a subject of public health concern and even policy concern, but also they pose significant criminal law issues of consent, bodily injury and state responsibility.

    This research paper is aimed at critically examining ways in which criminal law in India has dealt with contravention of women reproductive rights as a part of forced sterilization and birth control controversies. The paper will analyze the presence of sufficient protections against coercion and provision of reproductive freedom to women by the current provisions in the Bharatiya Nyaya Sanhita (previously IPC), constitutional safeguards in Articles 14, 19, and 21, and judicial interpretations. Additionally, the paper considers the intersection of reproductive rights and workplace rights where women might experience indirect discrimination or coercion regarding pregnancy and contraceptives[3]. The paper will attempt to establish whether the law offers adequate protection to women against the infringements of bodily autonomy by placing reproductive rights in the wider context of the criminal law


    [1] Preet K. Dhillon et al., Correlates of Female Sterilization Regret in the Southern States of India, 33 J. Biosoc. Sci. 3 (2001).

    [2] Mahesh Karra, Unwanted Family Planning Including Sterilization Regret in India: Evidence from NFHS-5 (2019–2021), 55 Stud. Fam. Plann. (2024).

    [3] Abhishek Singh, Sterilization Regret Among Married Women in India: Trends, Patterns and Correlates, 45 Int’l Persp. on Sexual & Reprod. Health (2019).

  • REGULATING ARTIFICIAL INTELLIGENCE IN INDIA: CONSTITUTIONAL CHALLENGES TO PRIVACY, EQUALITY, AND DUE PROCESS

    REGULATING ARTIFICIAL INTELLIGENCE IN INDIA: CONSTITUTIONAL CHALLENGES TO PRIVACY, EQUALITY, AND DUE PROCESS

    AUTHOR – BALAMURUGAN S* & NIKITHA SREE**

    * 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 – BALAMURUGAN S & NIKITHA SREE, REGULATING ARTIFICIAL INTELLIGENCE IN INDIA: CONSTITUTIONAL CHALLENGES TO PRIVACY, EQUALITY, AND DUE PROCESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 164-170, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I718

    ABSTRACT

    The rapid proliferation of Artificial Intelligence (AI) technologies across governance, criminal justice, healthcare, and financial services has precipitated a constitutional crisis in India that existing legal frameworks are ill-equipped to resolve. AI systems — through algorithmic decision-making, predictive policing, biometric surveillance, and automated data profiling — directly impinge upon the fundamental rights guaranteed under Part III of the Constitution of India. This article undertakes a systematic doctrinal and comparative legal analysis of the constitutional dimensions of AI regulation, focusing on the right to privacy under Article 21, the right to equality under Articles 14 and 15, and the right to due process under Article 21. The study critically evaluates the Digital Personal Data Protection Act 2023 (DPDPA) and existing policy instruments against the proportionality framework established in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), identifies five structural constitutional lacunae in the current regulatory architecture, and proposes a rights-centred Constitutional AI Framework Act for India. The research argues that meaningful AI regulation must satisfy the fourfold test of legality, legitimate aim, necessity, and proportionality as enunciated in Puttaswamy, and must be institutionalised through an independent Artificial Intelligence Regulatory Authority of India (AIRAI).

    Keywords: artificial intelligence regulation, constitutional law, right to privacy, algorithmic discrimination, due process, Puttaswamy, DPDPA 2023, facial recognition, India

  • CRITICAL ANALYSIS OF REGULATING ARTIFICIAL INTELLIGENCE: ETHICAL, LEGAL, AND CONSTITUTIONAL CHALLENGES

    CRITICAL ANALYSIS OF REGULATING ARTIFICIAL INTELLIGENCE: ETHICAL, LEGAL, AND CONSTITUTIONAL CHALLENGES

    AUTHOR – MANO B* & Mrs. JISHA J. S**

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

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

    BEST CITATION – MANO B & Mrs. JISHA J. S, CRITICAL ANALYSIS OF REGULATING ARTIFICIAL INTELLIGENCE: ETHICAL, LEGAL, AND CONSTITUTIONAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 157-163, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Artificial intelligence (AI) has been evolving from being a science fiction phenomenon to becoming one of the key factors in our daily lives. With the help of voice assistants, recommender systems, and many other more complicated applications in healthcare, banking, or legislation, AI became an integral element of the social fabric. Speaking generally, AI can be described as the capability of machinery to execute actions that traditionally are performed by humans: learning, reasoning, problem-solving, etc. The term “Artificial Intelligence” was coined by John McCarthy in 1956. This paper provides an analysis on AI in general and the evolution process of the technology in particular through an elaborate and concise discussion. It begins with an introduction into the concept itself, then analyzes how AI technology developed since its theoretical emergence to become one of the most advanced forms like machine learning and deep learning today. On the other hand, the paper recognizes the obstacles that come with AI, which include ethics, privacy of data, and accountability. The more AI develops, the greater the need for balancing between regulation and innovation. In summary, this paper recognizes that although AI brings a lot of opportunities, there is the need for a human-centered approach to developing it.

    Keywords: artificial intelligence, deep learning, AI evolution, legal implications, technology law

  • CRITICAL ANALYSIS OF CRIMINAL JUSTICE ADMINISTRATION WITH REFERENCE TO THE LGBTQ+ COMMUNITY

    CRITICAL ANALYSIS OF CRIMINAL JUSTICE ADMINISTRATION WITH REFERENCE TO THE LGBTQ+ COMMUNITY

    AUTHOR – E. ERAIYANBAN* & M. LAXMI PRIYA**

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

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

    BEST CITATION – E. ERAIYANBAN & M. LAXMI PRIYA, CRITICAL ANALYSIS OF CRIMINAL JUSTICE ADMINISTRATION WITH REFERENCE TO THE LGBTQ+ COMMUNITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 149-156, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I716

    Abstract

    India’s criminal justice system stands at a crossroads where constitutional ideals meet deeply entrenched social biases — and nowhere is this tension more visible than in how the system treats members of the LGBTQ+ community. This paper critically examines the structural and institutional failures that continue to subject LGBTQ+ individuals, particularly transgender persons and hijras, to harassment, arbitrary detention, and systemic exclusion — even after landmark judicial reforms.

    Tracing the historical roots of discrimination from colonial-era penal codes to the present day, this study analyses the transformative impact of Navtej Singh Johar v. Union of India (2018), the Transgender Persons (Protection of Rights) Act, 2019, and a series of evolving judicial pronouncements that have gradually expanded the constitutional protections available to LGBTQ+ individuals. The paper draws comparative insights from Canada’s progressive rights framework, which offers instructive lessons in translating legal recognition into lived equality.

    Through an analysis of policing practices, judicial conduct, prison conditions, and state-level welfare policies, this paper demonstrates that formal legal gains have not yet translated into substantive justice. Widespread moral policing, the misuse of broadly worded statutory provisions, and the near-total absence of hate crime protections leave LGBTQ+ persons vulnerable to violence and institutional indifference. The paper argues that transforming the criminal justice system requires far more than decriminalisation — it demands mandatory sensitivity training for law enforcement, explicit anti-discrimination safeguards, gender-affirming prison protocols, and robust mechanisms to hold institutions accountable. Only through structural reform can India ensure that its constitutional promise of equality becomes a reality for every citizen, regardless of sexual orientation or gender identity.

    Keywords: LGBTQ+, Criminal Justice Administration, Section 377, Transgender Rights, Navtej Singh Johar, Discrimination, Policing, Human Rights, India, Constitutional Law

  • ‘‘A CRITICAL ANALYSIS OF THE ANTIQUITIES AND ART TREASURES ACT, 1972 IN PREVENTING IDOL TRAFFICKING IN INDIA”

    ‘‘A CRITICAL ANALYSIS OF THE ANTIQUITIES AND ART TREASURES ACT, 1972 IN PREVENTING IDOL TRAFFICKING IN INDIA”

    AUTHOR – SANDHIYA.M* & MRS. JISHA J S**

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

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

    BEST CITATION – SANDHIYA.M & MRS. JISHA J S, ‘‘A CRITICAL ANALYSIS OF THE ANTIQUITIES AND ART TREASURES ACT, 1972 IN PREVENTING IDOL TRAFFICKING IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 140-148, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The Antiquities and Art Treasures Act (AATA) of 1972 serves as India’s primary legal shield against the illicit trafficking of its civilizational legacy, yet it remains a subject of intense critical scrutiny due to persistent systemic vulnerabilities.

    This research provides an exhaustive analysis of the Act’s effectiveness in preventing idol trafficking, particularly in regions like Tamil Nadu where sacred temple bronzes have become high-value commodities in a multi-billion dollar global black market. Using a doctrinal and analytical research methodology, the study evaluates the legal architecture of the AATA 1972, identifying critical lacunae such as weak deterrent penalties, an ambiguous definition of “antiquities” that often excludes sacred idols, and the absence of a comprehensive national digital database. Further, the study explores the institutional challenges faced by enforcement agencies such as the Archaeological Survey of India, police departments, and customs authorities.

    INTRODUCTION

    The cultural heritage of India is not merely a collection of historical artifacts but represents the “soul of the nation” and is a testament to thousands of years of diverse traditions, philosophies, and artistic achievements[1]. Within this vast heritage, temple idols hold a unique position, serving as both artistic masterpieces and consecrated objects of worship. However, this civilizational legacy is increasingly under threat from a sophisticated and globalized network of illicit trafficking.

    From Chola bronzes in Tamil Nadu temples to medieval stone idols across the south, these irreplaceable treasures are systematically stolen, smuggled abroad, and auctioned in international markets, often fetching millions while eroding India’s shared identity,multi-billion dollar industry, often cited as the third-largest illicit trade globally, trailing only drugs and arms in terms of volume.


    [1] Neeladri Bhattacharya,The Great Indian History Debate OUP, 2010

  • PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISM AND CHALLENGES

    PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISM AND CHALLENGES

    AUTHOR – SARTHAK SHUKLA* & DR. ROHIT KUMAR SHUKLA**

    * STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

    ** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

    BEST CITATION – SARTHAK SHUKLA & DR. ROHIT KUMAR SHUKLA, PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISM AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 124-139, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The persistence of child labour in India represents a profound contradiction between the nation’s transformative constitutional ethos and its socio-economic realities. Despite the presence of a robust constitutional framework anchored by fundamental rights guaranteeing free and compulsory education (Article 21A) and protection against hazardous employment (Article 24) millions of children remain entangled in exploitative labour practices across the organized and unorganized sectors. This exhaustive research report provides a critical, expert-level analysis of the legal mechanisms, judicial pronouncements, and institutional frameworks designed to protect the rights of working children in India, juxtaposed against the systemic socio-economic challenges that impede their effective implementation.

    A central analytical focus of this study is the critical exegesis of the Child Labour (Prohibition and Regulation) Amendment Act, 2016. While the amendment seemingly aligns the minimum age of employment with the Right of Children to Free and Compulsory Education (RTE) Act, 2009, its introduction of broad exemptions for “family enterprises” and the drastic reduction in the schedule of hazardous occupations have inadvertently created statutory loopholes that legitimize the exploitation of children in rural and marginalized communities. The research further evaluates the judiciary’s proactive role as the guardian of constitutional morality, analyzing landmark pronouncements such as M.C. Mehta v. State of Tamil Nadu and Bachpan Bachao Andolan v. Union of India. These cases have historically functioned as the vanguard for child rights by mandating rehabilitation funds, comprehensive rescue protocols, and linking child labour directly to human trafficking and bonded labour.

    Furthermore, the study rigorously assesses the efficacy of contemporary administrative enforcement mechanisms, notably the Platform for Effective Enforcement for No Child Labour (PENCiL) portal and the integration of the National Child Labour Project (NCLP) into the Samagra Shiksha Abhiyan. By examining empirical census data, government audit reports, and successful grassroots intervention models like Kerala’s poverty eradication initiatives and the Bal Mitra Gram (BMG) framework, the report uncovers significant enforcement deficits and a severe lack of institutional convergence. The study concludes with targeted legal, administrative, and policy recommendations, advocating for the alignment of domestic legislation with international conventions, the closure of statutory loopholes, and the realization of constitutional morality to ensure the holistic protection, rescue, and rehabilitation of vulnerable children.

    Keywords : Child Labour, Constitutional Morality, CLPRA 2016, PENCiL Portal, Samagra Shiksha Abhiyan