Author: PRASANNASRI26092001

CRIMES AGAINST WOMEN AND CHILDREN IN INDIA: A COMPARATIVE STUDY OF PUNISHMENT FRAMEWORKS IN SELECTED COUNTRIES

AUTHOR – MS. J. SHARBEL* & MS. T. VAISHALI**

* STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

** ASSISTANT PROFESSOR OF LAW DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MS. J. SHARBEL & MS. T. VAISHALI, CRIMES AGAINST WOMEN AND CHILDREN IN INDIA: A COMPARATIVE STUDY OF PUNISHMENT FRAMEWORKS IN SELECTED COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 922-936, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Crimes against women and children continue to occur, threatening basic human rights worldwide and causing significant challenges for criminal justice systems. In India, issues like sexual violence, domestic abuse, child trafficking, and child exploitation are still common, despite the introduction of many special laws and changes to the criminal code. This study examines how effective these laws are at preventing crime, ensuring punishments match the offenses, and protecting victims. It compares India’s legal system with those of several other countries to see how they tackle these crimes. The research combines legal principles with comparisons of different legal systems. It reviews Indian laws, including the Bharatiya Nyaya Sanhita, the Protection of Women from Domestic Violence Act of 2005, and the Protection of Children from Sexual Offenses Act of 2012, in relation to laws from the United States, the United Kingdom, and some European nations. The analysis focuses on how sentences are determined, whether minimum punishments are applied, and how justice systems balance punishment with the opportunity for offenders to reform. The study also looks at how international agreements like the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) impact national laws. It highlights problems such as inconsistent sentencing, slow court processes, low crime reporting rates, and insufficient support for victims. The research argues that while harsh punishments are essential to address these serious crimes, their success hinges on effective enforcement, the efficiency of the legal process, and the level of support provided to victims. To achieve true justice for women and children, the study recommends establishing uniform punishment guidelines, strengthening support systems within the legal framework, and developing a strategy that combines deterrence, accountability, and efforts to help offenders change.

PARLIAMENTARY SOVEREIGNTY VS. CONSTITUTIONAL SUPREMACY: A COMPARATIVE STUDY OF INDIA AND THE UNITED KINGDOM

AUTHOR – RHITIK YADAV, LL.M. 2^ND SEMESTER (2 YEARS PROGRAMME)

UNIVERSITY OF ALLAHABAD, PRAYAGRAJ

BEST CITATION – RHITIK YADAV, PARLIAMENTARY SOVEREIGNTY VS. CONSTITUTIONAL SUPREMACY: A COMPARATIVE STUDY OF INDIA AND THE UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 909-921, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article undertakes a rigorous comparative examination of two foundational but contrasting constitutional doctrines: parliamentary sovereignty, as classically developed and applied in the United Kingdom, and constitutional supremacy, as enshrined and evolved in the Republic of India. Employing doctrinal, historical, and comparative methodologies, the article traces the philosophical origins, institutional embodiments, and judicial elaborations of each doctrine. It demonstrates that while the United Kingdom has historically vested supreme legislative authority in Parliament, rendering statute law immune from judicial invalidation, India adopted at its independence a written, justiciable, and supreme Constitution that subordinates all legislative and executive action to constitutional norms. The article further analyses how both systems have evolved under contemporary pressures — including rights adjudication, supranational obligations, and judicial assertiveness — and concludes that despite different starting points, both constitutions are converging towards a model in which neither the legislature nor the judiciary enjoys absolute supremacy, but rather each is constrained by an implicit or explicit commitment to constitutionalism, the rule of law, and the protection of fundamental rights.

Keywords: Parliamentary Sovereignty, Constitutional Supremacy, Basic Structure Doctrine, Judicial Review, Dicey, Human Rights Act, Kesavananda Bharti , Rule of Law, Comparative Constitutional Law.

“EVALUATING COMPENSATION MECHANISMS FOR VICTIMS OF HUMAN–WILDLIFE CONFLICT IN INDIA”

AUTHOR – STEVE RAJU, STUDENT AT CHRIST UNIVERSITY BANGLORE

BEST CITATION – STEVE RAJU, “EVALUATING COMPENSATION MECHANISMS FOR VICTIMS OF HUMAN–WILDLIFE CONFLICT IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 896-908, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human-wildlife clash has become one of the most urgent issues in the conservation and human livelihood interface in India. The high level of habitat fragmentation, urbanization and encroachment into forested territory have increased human and wild animal interaction, which has in most cases led to loss of life, injuries, crop losses, and property damages. To address these effects, there has been the establishment of some compensation systems by both the Central and State governments both within the statutory provisions through the Wildlife (Protection) Act, 1972 as well as through policy provisions and administrative schemes. But these processes are usually marred with delays, bureaucracies, insufficient financial alleviation and interstate inconsistencies. In this paper, the current compensation systems will be assessed in terms of their legal foundation, the efficacy of the procedures and the problems related to their implementation. It also examines the judicial intervention and case law which has influenced the right to remedy against victims of human-wildlife conflict. The paper critically pinpoints structural firewall to accessibility, uniformity, and fairness. Lastly, the paper proposes some reforms that should be adopted to standardize the compensation policies and the establishment of a separate quasi-judicial system, which should address the mitigation of conflicts. The research puts the whole issue in context of the larger discourse of environmental justice to highlight the dire need to implement a rights based, transparent, and sustainable compensation system to victims of human-wildlife conflict in India.

Keywords: Human–Wildlife Conflict; Compensation; Environmental Justice; Wildlife Law; Victims’ Rights; India; Policy Reform

“UNDERSTANDING LEAVE AND LICENSE AGREEMENTS IN INDIAN LAW”

AUTHOR – MS PRERANA PRADEEP BANSODE, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MS PRERANA PRADEEP BANSODE, “UNDERSTANDING LEAVE AND LICENSE AGREEMENTS IN INDIAN LAW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 887-895, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Understanding Leave and License Agreements in Indian Law

“In the world of property dealings, leave and license agreements serve as the perfect balance between access and control, redefining the dynamics of temporary property usage in India.” The concept of leave and license agreements in Indian law originates from the Indian Easements Act, 1882, which distinguishes a “license” from a “lease.” Leave and license agreements in India today are widely used for temporary property arrangements, particularly in urban housing and commercial spaces. Governed by the Indian Easements Act, 1882, they offer flexibility without transferring ownership rights. Leave and license agreements in Indian law, governed by the Indian Easements Act, 1882, allow temporary use of a property without transferring ownership or interest. Unlike leases, these agreements provide flexibility for licensors and licensees, making them ideal for short-term arrangements in housing and commercial sectors. Mandatory registration and stamp duty, especially in states like Maharashtra, ensure legal clarity and prevent disputes. Judicial interpretations and technological advancements like e-registration have further streamlined the use in India’s evolving real estate landscape. Ambiguities in distinguishing leave and license agreements from leases, inconsistent state regulations, and challenges in enforcement complicate their use in India. Analyzing legal frameworks, precedents, and practical challenges to bridge gaps between theory and practice. Ambiguities in distinguishing leave and license agreements from leases, inconsistent state regulations, and challenges in enforcement complicate the use in India. This research analyzes legal frameworks, precedents, and practical challenges to bridge gaps between theory and practice. The aim is to analyze the legal framework and practical challenges of leave and license agreements in Indian law, with the objective of distinguishing them from leases, addressing enforcement issues, and proposing measures for improved clarity and consistency in their application.

THE DECLINE OF MENS REA IN STRICT LIABILITY OFFENCES: IMPLICATIONS FOR CRIMINAL RESPONSIBILITY

AUTHOR – SHIKHA MISHRA, LL.M (CRIMINAL LAW) AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES AMITY UNIVERSITY, NOIDA

BEST CITATION – SHIKHA MISHRA, THE DECLINE OF MENS REA IN STRICT LIABILITY OFFENCES: IMPLICATIONS FOR CRIMINAL RESPONSIBILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 884-886, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The principle of mens rea, or the guilty mind, has historically been the moral foundation of criminal liability. Rooted in the idea that one cannot be guilty without both a wrongful act and a guilty mind, criminal law traditionally required proof of both. However, the growing recognition and application of strict liability offences marks a significant shift from this foundational principle. In strict liability crimes, liability is imposed without needing to prove intent, knowledge, recklessness, or negligence. This paper critically examines the development of strict liability offences and their effects on the doctrine of mens rea. It analyzes whether these offences dilute criminal responsibility. Through doctrinal analysis, comparative law, and case law from India, the United Kingdom, and the United States, the paper argues that while strict liability serves essential regulatory and public welfare goals, its unchecked growth risks undermining fairness, moral responsibility, and the legitimacy of criminal law. The paper concludes by recommending a careful and principled use of strict liability, supported by safeguards to prevent the erosion of fundamental principles in criminal law.

KEYWORDS: Mens rea, Strict liability, Criminal responsibility, Public welfare offences, Moral culpability, Regulatory crimes, Criminal law, Fault principle 3

CYBER LAW AND CYBER CRIME IN INDIA: A COMPREHENSIVE LEGAL ANALYSIS

AUTHOR – ANKUR CHAUDHARY* & DR.JUHI SAXENA**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR -II AT AMITY LAW SCHOOL, AMITY UNIVERSITY(U.P.) LUCKNOW CAMPUS

BEST CITATION – ANKUR CHAUDHARY & DR.JUHI SAXENA, CYBER LAW AND CYBER CRIME IN INDIA: A COMPREHENSIVE LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 876-883, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India recorded 65,893 registered cyber crime cases during 2023, a figure that represents a 24.4 per cent increase over the preceding year and that law enforcement specialists regard as a significant undercount of true incidence. Against this backdrop, the adequacy of India’s substantive legal framework for cyber crime takes on particular urgency. The primary statute governing cyber crime in India remains the Information Technology Act, 2000, a law drafted chiefly to facilitate e-commerce and digital governance rather than to address criminal conduct. Its criminal provisions were incorporated at a late stage and have required successive amendments to keep pace with the technology they were designed to regulate. The 2008 amendments, the three new criminal codes enacted in 2023, and the Digital Personal Data Protection Act of the same year have each added further layers without resolving the foundational problem: India does not have a coherent, purpose-designed cyber crime statute. The present paper examines whether the existing legislative architecture is adequate to the contemporary threat environment, how courts have interpreted its provisions, and what specific reforms are urgently needed to address these persistent gaps. The analysis draws on the doctrinal tradition established by Karnika Seth and Pavan Duggal, whose scholarship on the IT Act provides the foundational interpretive framework within which subsequent judicial and legislative developments must be understood. The paper proceeds through conceptual framework, legislative analysis, judicial interpretation, specific offence categories, institutional architecture, and comparative study before concluding with targeted recommendations for reform. Throughout, particular attention is paid to the interaction between criminal enforcement and constitutional rights, a tension that has defined Indian cyber law since the Supreme Court landmark decision in Shreya Singhal v. Union of India. The article, based on doctrinal and comparative research methodology, contributes to a better understanding of cyber crime governance in India and the direction in which legislative and institutional reforms must proceed to meet the demands of a rapidly evolving digital threat landscape.

Keywords: Cyber Crime; Information Technology Act, 2000; Judicial Interpretation; Digital Evidence; Constitutional Rights; Cyber Security; Comparative Law; Legislative Reform; Personal Data Protection; Intermediary Liability

“STUDY OF STATE RESPONSIBILITY TO PROTECT ENVIRONMENT”

AUTHOR –  MISS. DIPALI  S. SHINDE. LL.M STUDENT OF DES’C SHREE NAVALMAL FIRODIYA LAW COLLEGE PUNE

BEST CITATION – MISS. DIPALI  S. SHINDE, “STUDY OF STATE RESPONSIBILITY TO PROTECT ENVIRONMENT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 865-875, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract,

The study of state responsibility  to protect the envornment explores how nations are legally and ethically obligated to prevent envornment harm and uphold international conveservation commitments. The “conventions on biological diversity” is a legal agreement between countries to protect biodiversity. The Convention on Biological Diversity is an international treaty foucused on conserving biodiversity, promoting its sustainable use and ensuring fair sharing of benefits from genetic resources. The convention biological diversity applies globally, across all ecosystems, species and genetic resources, promoting collaboration among countries to address biodiversity loss.

The Convention on Biological Diversity has 196 parties (countries and the European Union) as of now, making it one of the most widely ratified treaties in the world. The researchar will can turn Deforestation into Reforestation by planting tree’s, restoring land and using sustainable practices. Investigate how the source of electricity for electric vehicle ( renewables vs fossil fuels ) affects their overall contribution to global warming. The research will provide insights into how change over to natural gas, hydrogen gas, and electric vehicle’s can mitigate climate change and reduce global warming potential. This research will focused on the international state’s environment to refer on convention on biological diversity. It will also include the focus on principal of state responsibility, environmental issues, legal framework, policy approaches and environmental challenges.

Key Words :-  Principal of State Responsibility, Environmental issues, legal framework, Policy approaches,  Environmental challenges.

SPORTS BETTING: JUDICIAL INTERPRETATION AND LEGAL CHALLENGES IN INDIA

AUTHOR – INDU SINGH* & DR. TAPAN KUMAR CHANDOLA**

* LL.M (CONSTITUTIONAL LAW), AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** PROFESSOR & DIRECTOR AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – INDU SINGH & DR. TAPAN KUMAR CHANDOLA, SPORTS BETTING: JUDICIAL INTERPRETATION AND LEGAL CHALLENGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 857-867, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OKXM4852

ABSTRACT

This paper explores the jurisprudential evolution of gaming and sports betting laws in India, analyzing the ongoing conflict between archaic colonial statutes and the dynamic realities of the digital economy. Historically, the Indian judiciary has served as the de facto regulator of the industry, establishing the “preponderance of skill” test to distinguish between constitutionally protected business activities under Article 19(1)(g) and prohibited games of chance (res extra commercium). Through a comprehensive analysis of landmark judgments—ranging from R.M.D. Chamarbaugwala (1957) to Varun Gumber (2017)—the research traces how the courts have consistently defended skill-based digital and physical enterprises against disproportionate and arbitrary state-level bans.

However, the paper highlights a contemporary constitutional crisis triggered by the recent enactment of the Promotion and Regulation of Online Gaming Act (PROGA), 2025. By imposing a blanket prohibition on all “Online Money Games” regardless of the underlying skill element, PROGA 2025 seeks to override decades of established judicial precedent. The study critically evaluates the ongoing legal challenges to the Act, specifically focusing on the Union’s legislative competence, the disruption of the federal structure, and the violation of fundamental rights. Finally, it examines the counterproductive outcomes of this prohibitionist legislative approach, notably the proliferation of a $100 billion offshore shadow market and the inadvertent criminalization of legitimate professional sports. The paper concludes that the upcoming 2026 Supreme Court hearings will be a watershed moment, determining both the survival of a multi-billion-dollar industry and the boundaries of parliamentary power over State subjects in the digital age.

Keywords: Sports Betting, Games of Skill vs. Chance, PROGA 2025, Judicial Interpretation, Article 19(1)(g)

ALTERNATIVE DISPUTE RESOLUTION IN LAND DISPUTE RESOLUTION: LEGAL FRAMEWORK, JUDICIAL TRENDS, AND CONTEMPORARY CHALLENGES

AUTHOR – ADV. SANSKRUTI ANITA SURYAKANT GAWALI,

LLM STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE & PARLIAMENTARY AND LEGISLATIVE RESEARCH ASSOCIATE TO THE MEMBER OF PARLIAMENT, RESEARCH HEAD FOR AN NGO [CONSUMER PROTECTION]

BEST CITATION – ADV. SANSKRUTI ANITA SURYAKANT GAWALI, ALTERNATIVE DISPUTE RESOLUTION IN LAND DISPUTE RESOLUTION: LEGAL FRAMEWORK, JUDICIAL TRENDS, AND CONTEMPORARY CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 849-856, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Land disputes constitute one of the most pervasive and contentious categories of civil litigation in India, burdening an already overwhelmed judiciary with prolonged proceedings, escalating costs, and uncertain outcomes. This article examines the role of Alternative Dispute Resolution (ADR) mechanisms — namely arbitration, mediation, conciliation, and Lok Adalats — in addressing land-related conflicts, including boundary disputes, title contests, family partition suits, landlord-tenant disagreements, and compensation disputes arising out of compulsory land acquisition. The article traces the statutory framework underpinning ADR in India, analyses landmark and recent judicial pronouncements, surveys the transformative impact of the Mediation Act, 2023, and identifies contemporary challenges and the trajectory of reforms. It concludes that a robust, institutionalised, and context-sensitive ADR ecosystem is essential to delivering timely, equitable, and lasting resolution of land disputes in India.

Keywords: Alternative Dispute Resolution, Land Disputes, Mediation Act 2023, Arbitration, Lok Adalats, Land Acquisition, Section 89 CPC, Judicial Trends.

PRESCRIPTION DRUG ABUSE IN INDIA

AUTHOR – SNEHA.P.V* & MS.T.VAISHALI**

* LAW STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR OF LAW AT DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – SNEHA.P.V & MS.T.VAISHALI, PRESCRIPTION DRUG ABUSE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 836-848, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Prescription drug abuse has emerged as a significant public health and socio-legal concern across the world. While prescription medicines are essential for the treatment and management of various medical conditions, their misuse beyond the scope of medical supervision has raised serious legal, ethical, and health-related challenges. Prescription drug abuse includes the use of prescribed medicines without a valid prescription, consumption in higher doses than prescribed, prolonged use, or use for non-medical or recreational purposes. Such misuse can lead to dependence, addiction, severe health complications, and in extreme cases, death. The problem is further aggravated by factors such as easy availability of medicines, lack of awareness regarding their addictive potential, and inadequate regulatory monitoring.

From a legal perspective, prescription drug abuse presents complex challenges as it involves substances that are lawful when used for legitimate medical purposes but unlawful when misused. In India, the regulation of prescription drugs is primarily governed by the Drugs and Cosmetics Act, 1940 and the Narcotic Drugs and Psychotropic Substances Act, 1985, which aim to control the manufacture, distribution, possession, and use of drugs with abuse potential. This study adopts a doctrinal research approach to examine the concept, nature, and socio-legal implications of prescription drug abuse in India. It further analyses the criminal liability of users, medical practitioners, and pharmacists, along with the role of professional regulation in preventing misuse.

The study also evaluates relevant judicial decisions and highlights the challenges faced in the enforcement of drug control laws. It argues that although the existing legal framework provides substantial regulatory mechanisms, gaps in enforcement, over-prescription, and unauthorized sale of medicines continue to contribute to the problem. The paper concludes that addressing prescription drug abuse requires a balanced approach combining stronger regulatory oversight, professional accountability, public awareness, and rehabilitation-oriented policies. Such an integrated strategy is necessary to prevent misuse while ensuring access to essential medicines and safeguarding public health.