Author: PRASANNASRI26092001

“CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”

AUTHOR – MOHIT KANDWA, STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

BEST CITATION – MOHIT KANDWA, “CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 918-923, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Custodial torture remains one of the most serious violations of human rights in India despite constitutional guarantees and legal safeguards. It refers to the physical, psychological, or emotional abuse inflicted upon individuals by law enforcement authorities while they are in custody. Such practices undermine the rule of law, human dignity, and public confidence in the criminal justice system. The Indian Constitution guarantees protection against arbitrary arrest and inhuman treatment under Articles 20, 21, and 22. Nevertheless, incidents of custodial violence, deaths, and illegal detention continue to be reported across the country. Judicial interventions, including landmark decisions of the Supreme Court, have attempted to establish safeguards against custodial abuse. This study critically examines the concept, causes, legal framework, judicial approach, and challenges associated with custodial torture in India. It further evaluates the effectiveness of existing laws and proposes measures to ensure accountability, transparency, and protection of human rights within the criminal justice system.

Keywords: Custodial Torture, Custodial Violence, Human Rights

IMPACT OF TECHNOLOGY ON THE CONDUCT OF PROCEEDINGS IN THE FAMILY COURT: CASE COMMENT

AUTHOR – MAANASA SHANKER, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – MAANASA SHANKER, IMPACT OF TECHNOLOGY ON THE CONDUCT OF PROCEEDINGS IN THE FAMILY COURT: CASE COMMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 908-917, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I993

Abstract

The functioning of the family courts and their procedure adopted by the courts, being archaic, came in for scrutiny of the Hon’ble High Court of Madras under Article 227 of the Constitution of India, wherein, the Hon’ble High Court exercises superintending powers over the subordinate courts. In the light of technological innovations, the cumbersome procedure prevailing in the conduct of proceedings before the family and other courts was deliberated and discussed by the Hon’ble Mr. Justice V. Lakshminarayanan, Judge, High Court of Madras, and the judgement rendered by the Hon’ble High Court has set at ease the procedural bottlenecks so that the litigant public will be able to avoid undue delay in giving a closure to the pending disputes in family courts. This article deals with the exhaustive discussion and the methodologies suggested by the High Court of Madras by taking advantage of the technological advances at every stage of the proceedings pending before the family courts.

Keywords: Family Courts Act, 1984; video conferencing; power agent; mutual consent divorce; mediation; procedural bottlenecks; court-mediated settlement; adversarial system; litigant-centric.

A COMPARATIVE STUDY ON INSIDER TRADING LAWS IN INDIA, UK, AND USA

AUTHOR – GODHAWARI P* & DR. S.M. AZIZUNNISAA BEGUM**

* RESEARCH SCHOLAR, SCHOOL OF LAW, VISTAS, CHENNAI

** RESEARCH SUPERVISOR, SCHOOL OF LAW, VISTAS, CHENNAI.

BEST CITATION – GODHAWARI P & DR. S.M. AZIZUNNISAA BEGUM, A COMPARATIVE STUDY ON INSIDER TRADING LAWS IN INDIA, UK, AND USA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 901-907, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

            Insider trading, the trading of securities based on unpublished price-sensitive information (UPSI), poses a significant threat to market integrity, investor confidence, and the principle of fair disclosure. As financial markets become increasingly complex and interconnected, effective regulation of insider trading has become a global priority. This study provides a comparative analysis of the legal and regulatory frameworks governing insider trading in India, the United Kingdom, and the United States. It examines the relevant legislation, enforcement mechanisms, regulatory authorities, and penalties applicable in each jurisdiction. The study highlights the strengths and limitations of India’s SEBI (Prohibition of Insider Trading) Regulations, 2015, in comparison with the more established regulatory regimes of the UK and USA. By analysing international best practices, the paper identifies areas for reform and recommends measures to strengthen India’s insider trading framework. Effective regulation is essential for promoting transparency, protecting investors, and ensuring the stability and credibility of securities markets.

“CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”

AUTHOR – MOHIT KANDWAL, STUDENT AT LAW COLLEGE DEHRADUN UTTARANCHAL UNIVERSITY

BEST CITATION – MOHIT KANDWAL, “CUSTODIAL TORTURE: AN ANALYTICAL STUDY IN INDIAN PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 895-900, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Custodial torture remains one of the most serious violations of human rights in India despite constitutional guarantees and legal safeguards. It refers to the physical, psychological, or emotional abuse inflicted upon individuals by law enforcement authorities while they are in custody. Such practices undermine the rule of law, human dignity, and public confidence in the criminal justice system. The Indian Constitution guarantees protection against arbitrary arrest and inhuman treatment under Articles 20, 21, and 22. Nevertheless, incidents of custodial violence, deaths, and illegal detention continue to be reported across the country. Judicial interventions, including landmark decisions of the Supreme Court, have attempted to establish safeguards against custodial abuse. This study critically examines the concept, causes, legal framework, judicial approach, and challenges associated with custodial torture in India. It further evaluates the effectiveness of existing laws and proposes measures to ensure accountability, transparency, and protection of human rights within the criminal justice system.

Keywords: Custodial Torture, Custodial Violence, Human Rights

POLITICAL DEFECTION AND PARTY LEADERSHIP DISPUTES: ASSESSING THE APPLICABILITY OF THE TENTH SCHEDULE TO DISSIDENT MEMBERS OF PARLIAMENT

AUTHOR – KARTHIKEYAN J* & GAYATHRI J**

* LAW GRADUATE FROM AMITY LAW SCHOOL NOIDA

** ADVOCATE FROM MADRAS HIGH COURT

BEST CITATION – KARTHIKEYAN J & GAYATHRI J, POLITICAL DEFECTION AND PARTY LEADERSHIP DISPUTES: ASSESSING THE APPLICABILITY OF THE TENTH SCHEDULE TO DISSIDENT MEMBERS OF PARLIAMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 884-894, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Political defections have consistently posed a challenge to the stability and integrity of India’s parliamentary democracy. In response to the increasing frequency of legislators changing party allegiance for political gain, Parliament enacted the Constitution (Fifty-Second Amendment) Act, 1985, introducing the Tenth Schedule, commonly known as the Anti-Defection Law. While the legislation aimed to curb unprincipled defections, contemporary political developments have revealed significant constitutional dilemmas concerning intra-party disputes and rival claims to party leadership. These conflicts raise a fundamental legal question: whether Members of Parliament (MPs) who separate themselves from the official leadership of a political party can be disqualified under the Tenth Schedule for political defection. This article critically examines the constitutional framework, judicial interpretation, and contemporary challenges relating to dissident legislators. Through an analysis of landmark Supreme Court decisions and recent political controversies, the article evaluates the extent to which opposition to party leadership amounts to voluntary relinquishment of party membership. The study argues that while the Tenth Schedule remains essential for preserving governmental stability, its present framework requires substantial reform to reconcile party discipline with democratic dissent.

Keywords: Anti-Defection Law, Tenth Schedule, Political Defection, Party Leadership, Dissident MPs, Parliamentary Democracy, Judicial Review.

CLASSIFICATIONS OF DEATH: A JURISPRUDENTIAL, MEDICAL AND LEGAL ANALYSIS

AUTHOR – RAVINDHAR S, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – RAVINDHAR S, CLASSIFICATIONS OF DEATH: A JURISPRUDENTIAL, MEDICAL AND LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 869-883, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Death is a multidimensional concept examined by medicine, law, philosophy and ethics. This paper analyses the principal classifications of death, including natural, unnatural, clinical, biological, brain, legal, civil and presumed death. It evaluates their significance in criminal law, evidence, succession, organ transplantation and human rights jurisprudence.

CENTRAL VIGILANCE COMMISSION: ITS ROLE IN PROMOTING INTEGRITY, TRANSPARENCY AND GOOD GOVERNANCE IN INDIA

AUTHOR – RAVINDHAR S, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – RAVINDHAR S, CENTRAL VIGILANCE COMMISSION: ITS ROLE IN PROMOTING INTEGRITY, TRANSPARENCY AND GOOD GOVERNANCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 847-868, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Corruption continues to pose a serious threat to democratic governance, public accountability, and administrative efficiency in India. In response to this challenge, the Government of India has established various institutional mechanisms to prevent and combat corruption, among which the Central Vigilance Commission (CVC) occupies a pivotal position. Established in 1964 on the recommendations of the Santhanam Committee, the CVC was initially constituted as a non-statutory body and was later accorded statutory status through the Central Vigilance Commission Act, 2003. As the apex vigilance institution of the country, the Commission is entrusted with the responsibility of supervising vigilance administration, monitoring corruption-related investigations, and advising central government organizations on matters concerning integrity and accountability.

This research paper examines the historical development, legal framework, organizational structure, powers, and functions of the Central Vigilance Commission. It further analyzes the Commission’s role in promoting transparency, good governance, and ethical conduct within public administration. The study also evaluates the effectiveness of the CVC in addressing corruption-related issues, protecting whistleblowers, and strengthening vigilance mechanisms across government institutions. Additionally, the paper identifies the major challenges faced by the Commission, including limitations in enforcement powers, procedural delays, and institutional constraints. The study concludes by proposing reforms aimed at enhancing the autonomy, efficiency, and effectiveness of the CVC in fulfilling its mandate and contributing to a corruption-free governance system in India.

Keywords: Central Vigilance Commission (CVC), Corruption, Vigilance Administration, Accountability, Transparency, Good Governance, Public Administration, Anti-Corruption Framework.

FAITH, FRAUD AND FAMILY LAW: A CASE COMMENT ON LILY THOMAS V. UNION OF INDIA

AUTHOR – SRI SANJANA RAYUDU, STUDENT AT O P JINDAL GLOBAL UNIVERSITY

BEST CITATION – SRI SANJANA RAYUDU, FRAUD AND FAMILY LAW: A CASE COMMENT ON LILY THOMAS V. UNION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 842-846, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I987

Introduction

India’s rich mélange of religions and cultures, alongside its secularity enshrined in its constitution, has brought forth multiple intersections and nuances that lawmakers had to very intricately navigate through. In the 20^th century, these intersections had shone light onto religion-specific personal and marriage laws, where governance and legal procedures varied based on the religions of the individuals involved. The laws, procedures, and governance, varied substantially from statute to statute, as they were rooted in the beliefs of their respective religions. One such specific instance where these differences are highlighted can be seen in the Hindu Marriage Act, 1955 (hereinafter referred to as the “HMA”),  which applied to Hindus, Buddhists, Jains and Sikhs, prohibits the act of bigamy—which is marrying more than one individual.^[1] In another religion, namely Islam, however, the act of bigamy is not prohibited, albeit is regulated by other stipulations and conditions.^[2]This brought forth a loophole, that was going to be heavily exploited and bring to light a new problem altogether: faithless, fake conversions from Hinduism to Islam, that were solely done to be able to marry more than one woman.

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[1] Hindu Marriage Act, 1955, No. 25, Acts of Parliament, 1955 (India).

[2] The Muslim Personal Law (Shariat) Application Act, 1937, No. 26, Acts of Parliament, 1937 (India).

INTELLECTUAL PROPERTY RIGHTS IN COMMERCIAL OUTER SPACE: LEGAL FRAMEWORKS, JURISDICTIONAL CHALLENGES, AND THE PATH TO REFORM

AUTHOR – MEGHA AGARWAL, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, BENGALURU

BEST CITATION – MEGHA AGARWAL, INTELLECTUAL PROPERTY RIGHTS IN COMMERCIAL OUTER SPACE: LEGAL FRAMEWORKS, JURISDICTIONAL CHALLENGES, AND THE PATH TO REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 825-841, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I986

Abstract

With commercialization of outer space, a series of legal problems that cannot be solved by traditional legal instruments arose. With new private corporations, like SpaceX, Blue Origin, OneWeb, and many others taking up the jobs of national space agencies, issues of protection of IP rights become very relevant. This is because private corporations spend a large amount of money on development of new technologies which make them more efficient at reaching their goal, delivering payload into orbit. However, with the absence of a clear solution to the problem of protecting those rights, it remains unclear how private corporations can be compensated for their investment.

The purpose of this paper is to analyze the current situation in terms of protecting IP rights in outer space. In other words, this paper will examine the current legal regime and will look into the history of development of such regulation. This paper will pay special attention to the works of key institutions and organizations in the field of space law as well as existing case law in the field. This paper will also use as evidence provisions of international agreements (e.g. 1967 Outer Space Treaty) and relevant national laws (35 U.S.C. § 105).

As can be concluded after careful examination of relevant materials, the existing legal regime was developed for a completely different period of time. The assumptions that states would act in outer space, that scope of space activities would be limited, that it would be possible to establish jurisdictions and solve questions of ownership via interstate diplomatic relations are all false today. Unless the above assumptions are revised, there will be no way to adequately protect intellectual property rights in outer space.
KEYWORDS: Intellectual Property (IP) Rights, Outer Space Treaty (1967), Space Law, Moon Agreement, Paris Convention

GREEN INNOVATION IN CHAINS: RECONCILING INTELLECTUAL PROPERTY WITH ENVIRONMENTAL IMPERATIVES

AUTHOR – SPINITA PRIYADARSINI, RESEARCH SCHOLAR, BERHAMPUR UNIVERSITY; FACULTY OF LAW, LINGARAJ LAW COLLEGE, BERHAMPUR

BEST CITATION – SPINITA PRIYADARSINI, GREEN INNOVATION IN CHAINS: RECONCILING INTELLECTUAL PROPERTY WITH ENVIRONMENTAL IMPERATIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 817-824, APIS – 3920 – 0001 & ISSN – 2583-2344. https://doi.org/10.65393/IJLRV6I985

Abstract

The prevailing intellectual property rights regime, while intended to stimulate innovation, can paradoxically impede the widespread diffusion of green technologies, which is vital for addressing persistent environmental challenge. The patent system, a cornerstone of intellectual property rights, is frequently invoked as a key incentive for the development of climate change technologies; however, its efficacy in promoting environmental innovation is questionable due to the significant role of market demand in directing innovation. There is a growing need to integrate modern IPR systems with customary laws and international frameworks to safeguard traditional knowledge from exploitation and misappropriation. The rush to patent climate change technologies, driven by private funding and market incentives, may create substantial tensions within the patent system, particularly concerning equitable access to these technologies. These tensions could also lead to increased patent litigation, which could further hinder the dissemination of green technologies.

This article examines the inherent tension between IPRs and environmental imperatives, analyzing the impacts of the current system and proposing policy recommendations aimed at fostering a more balanced and effective approach to green innovation. It argues that reforms are needed to ensure that IPRs serve as enablers, rather than barriers, to a sustainable future.

Keywords: Environment, IPR, Biopiracy, Patent, WIPO.