Author: PRASANNASRI26092001

A CRITICAL ANALYSIS ON THE EXISTING LAW –  ISSUES & CHALLENGES IN RECONCILING PERSONAL LAWS WITH THE IDEAL OF   UNIFORM CIVIL CODE IN INDIA

AUTHOR – DIVYA.J* & MR. JINESH M**

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

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

BEST CITATION – DIVYA.J & MR. JINESH M, A CRITICAL ANALYSIS ON THE EXISTING LAW –  ISSUES & CHALLENGES IN RECONCILING PERSONAL LAWS WITH THE IDEAL OF   UNIFORM CIVIL CODE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 478-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The UCC stands for Uniform Civil Code, and has some of the most controversial and sensitive legal debate in India. India has a pluralistic constitutional system in which each religious community is regulated by its own laws concerning marriage, divorce, inheritance, adoption, and succession. This is a harmonious system to preserve the nation’s culture and religious difference, but also it leads to divergences in the legal rights and equality of persons between people, notably for gender equality. This paper analyzes the relationship of India’s current personal laws with the constitutional intent of a Uniform Civil Code. The Constitution provides for the State to endeavor towards a UCC in Article 44, by balancing against the rights of equality, human dignity and non-discrimination under Articles 14, 15 and 21 and the protection of religious freedom under Article 25. Balancing such principles has become a key concern in reforming personal laws. The research examines top laws in India for communities such as Hindu, Muslim, Christian and Parsi personal laws and secular laws like the and the Special Marriage Act, 1954 wherein religion laws are not the only law. Further analyses are performed on the Law Commission of India recommendations and examples such as the Goa Civil Code, and the recent Uttarakhand Uniform Civil Code Act, 2024 to illustrate how a uniform legal framework can operate. At the same time, there are a number of challenges, such that the implementation of a UCC is found to be challenging. For example, conflicts between equal opportunities versus religious liberty, differences in cultural norms, political sensibilities, gender disparities in some personal laws, little general understanding, and challenges in writing and enacting a codified law. While the research concludes that there could be some potential benefit from imposing a Uniform Civil Code to advance equality for women, gender justice and national unity, and therefore national unity based on uniform civil laws, they can only be effectively realized if their realization is gradual, inclusive and mindful of India’s diverse human society. A holistic approach towards uniformity of the law would be a more responsible move not to seek uniformity right away since it must go hand in hand with constitutional values to provide a path that meets the ultimate ideal of having a Uniform Civil Code in my country.

THE TROJAN HORSE OF EFFICIENCY: RETHINKING JOINT VENTURE REGULATION UNDER INDIAN COMPETITION LAW

AUTHOR – SANA YADAV, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SANA YADAV, THE TROJAN HORSE OF EFFICIENCY: RETHINKING JOINT VENTURE REGULATION UNDER INDIAN COMPETITION LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 465-477, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/AXRN9416

ABSTRACT

Joint ventures occupy a precarious space between cooperation and collusion. While intended as mechanisms for innovation, risk-sharing, and technological advancement, they can also serve as conduits through which competitors soften rivalry under the guise of efficiency. Indian competition law attempts to navigate this tension through the efficiency proviso to Section 3(3) of the Competition Act, 2002. This paper contends that the proviso, as currently framed and applied, lacks the doctrinal clarity and analytical structure necessary to distinguish genuine economic integration from strategic coordination.

Through a doctrinal analysis informed by competition economics, the paper examines how the absence of a statutory definition of “joint venture,” coupled with the unstructured application of Section 19(3) efficiency factors, has produced a regulatory grey zone. In this space, efficiency claims risk becoming elastic defences rather than carefully bounded exceptions, insulating conduct that imposes immediate and measurable harm on competition. The problem is not the recognition of efficiency per se, but its recognition without thresholds, evidentiary rigour, or temporal limits.

The paper first diagnoses the structural weaknesses of the Indian joint venture regime, focusing on the efficiency proviso, the lack of clear enterprise classification, the indeterminate application of Section 19(3), and the unresolved overlap between Sections 3 and 6. These gaps collectively allow coordinated conduct to masquerade as pro-competitive collaboration. It then reconstructs an analytical framework through comparative insights from European Union and United States jurisprudence, introducing an integration-focused inquiry to distinguish genuine entity creation from mere coordination, and applying the doctrine of ancillary restraints to ensure that restrictions within joint ventures are necessary, proportionate, and demonstrably linked to efficiencies benefiting consumers. Together, these measures provide a coherent, economically grounded approach that aligns innovation with competitive integrity.

The paper concludes that without doctrinal recalibration, the efficiency proviso risks functioning as a Trojan Horse, admitting collusion under the language of collaboration. Anchoring the analysis in integration and indispensability would allow Indian competition law to safeguard innovation while preserving its core commitment to competitive markets.

“CONSTITUTIONAL AND FISCAL VALIDITY OF THE KARNATAKA FIVE GUARANTEE SCHEMES”

AUTHOR – NISHANTH MALLENAHALLI RAJESH, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) BANGALORE

BEST CITATION – NISHANTH MALLENAHALLI RAJESH, “CONSTITUTIONAL AND FISCAL VALIDITY OF THE KARNATAKA FIVE GUARANTEE SCHEMES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 455-464, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Five Guarantee Schemes of Karnataka, when initiated under the Congress government in 2023, touted as one of the most ambitious welfare schemes implemented at the state government level in India, were a suite of schemes which sought to guarantee certain financial assistance, free/subsidized public schemes and benefits for millions of beneficiaries. These Schemes i.e., Gruha Lakshmi, Anna Bhagya, Gruha Jyothi, Shakti, and Yuva Nidhi received extensive interest from beneficiaries at a cost of operation exceeding of Rs 52,000 crore as of date1. The current research will investigate the economic and constitutional viability of these schemes on the basis of constitutional principles, directive principles of state policy, limits of borrowing, and fiscal responsibility. The approach followed in this study is doctrinal in terms of analyzing law, and analytical in examining the main objectives. The study will examine five guarantee schemes as reflective of the fundamental constitutional principles, directive principles of state policy overall schemes. The study accords fiscal sustainability and policy is in line with the Fiscal Responsibility and Budget Management framework. The examination asserts these welfare schemes find a degree of constitutional based upon Articles 14, 21, and the Directive Principles of State Policy, yet, pose major

issues with regards to, but not limited fiscal federalism, using up of state borrowing limits under Article 293 and the Fiscal Responsibility and Budget Management frameworks for the States of Karnataka. The research concludes although these welfare schemes appear to be constitutionally acceptable through both a policy perspective of social justice frameworks, their potential use will warrant serious fiscal considerations and structural reform to fiscal

frameworks to be sustainable in without jeopardizing or straining the economic integrity of Karnataka, or falling short its constitutional borrowing limits.

Keywords : Constitutional Validity, Financial Responsibility, Welfare Schemes, Article 293, FRBM Act, Karnataka Guarantees, State Finance

DEBT RESOLUTION IN MODERN ÉIRE: ADVANCES IN PERSONAL BANKRUPTCY, CORPORATE RESCUE AND CROSS-JURISDICTIONAL ISSUES

AUTHOR – TADGH QUILL-MANLEY, STUDENT AT KING’S INNS. EMAIL: TADGHQUILLMANLEY@YAHOO.COM

BEST CITATION – TADGH QUILL-MANLEY, DEBT RESOLUTION IN MODERN ÉIRE: ADVANCES IN PERSONAL BANKRUPTCY, CORPORATE RESCUE AND CROSS-JURISDICTIONAL ISSUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 448-454, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article looks at how bankruptcy law in Éire has changed over the past decade, from the stringent provisions of the Bankruptcy Act 1988 to the more debtor-friendly rules of the Personal Insolvency Act 2012. It talks about important changes, such as the integration of EU-linked bankruptcy registers, the European Union (Preventive Restructuring) Regulations 2022, which strengthen directors’ duties to consider creditors’ interests, the upcoming Protection of Employees (Employers’ Insolvency) Bill, and cross-border recognition after Brexit in important cases like Re Keating (2025) and Re Mercer Agencies Limited [2025] IEHC 261.

The analysis discusses the increase in corporate bankruptcies in 2024-2025 as a return to pre-pandemic norms, the low use of rescue processes like examinership and SCARP, and the equity issues in personal debt relief shown by high-profile cases. Even though reforms have made the system more up-to-date and easier to use, there are still problems with predictability, consistency across jurisdictions, and fair treatment of both debtors and creditors. As Éire draws closer to 2030, the article suggests that targeted changes to the law are needed to make the insolvency system truly fair, strong, and equipped to help people get back on their feet.

Keywords:Insolvency Law, Debt, Éire, UK, EU

CRITICAL ANALYSIS : LEGAL FRAMEWORK OF RAPE PROVISION IN INDIA

AUTHOR – JERLINE* & HEMAVATHY D**

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

** PROFESOR AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – JERLINE & HEMAVATHY D, CRITICAL ANALYSIS : LEGAL FRAMEWORK OF RAPE PROVISION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 437-447, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The aim of this paper is to examine legal framework in india related to rape are essential to uphold human dignity and addressing significant issues surrounding consent and gender equality in martial rape .In section 63 reflects outdated patriarchal norms,which can perpetuate societal norms ,that diminish women’s dignity .This is contrary to contemporary understanding of human rights and gender equality. The anti rape laws still have to bring major amendment because there is brutal cases still happening in india .In recent  the 31 year old women trainee doctor  rape and murdered in RG kar medical college and hospital .”The entire procedure followed by your state is something which I have not come across  in the 30 years of my life “, justice pardiwala said during the hearing .In December 11 2017 ,40 year old man who allegly indulged in brutal unnatural sex with his wife which eventually lead to her death the chattisgarh high court acquits a man of martial rape charges .”it is quite clear that if the wife is not below 15 years of age, then any sexual intercourse or sexual act by the husband with his wife  cannot termed as rape. As such, the absence of consent of the wife for an unnatural act loses its importance ,” held justice Vyas. According to recent government survey ,32%of married women face physical ,sexual or emotional violence by their husbands and 82% of married women ,aged18-49,who have experienced sexual violence said their current husbands were the perpetators. The government need to review the legal framework related to rape and martial rape to protect women from harmful act and also to protect their diginity. After Nirbhaya case of 2012 expanding the definition of rape include digital rape under section 63 of BNS . The government need to bring specific legislation of digitial rape . The findings  indicate a notable increase in reported cases and persistent challenges in implementation ,such as forensic evidence collection and social stigma.This paper concludes with recommendation for legal  and societal reforms to enhance the protection and support for victims of rape and martial rape in india. Keywords: Rape, gender equality, martial rape ,digital rape, judicial approach, legal evolution

A DOCTRINAL AND EXPLORATORY STUDY OF ARTICLES 14, 20, AND 21 OF THE CONSTITUTION IN RELATION TO RIGHT TO BAIL, ARREST, AND PROPERTY SEIZURE UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002

AUTHOR – ADITYA BALLOLLI, STUDENT AT CHRIST UNIVERSITY (BANGALORE)

BEST CITATION – ADITYA BALLOLLI, A DOCTRINAL AND EXPLORATORY STUDY OF ARTICLES 14, 20, AND 21 OF THE CONSTITUTION IN RELATION TO RIGHT TO BAIL, ARREST, AND PROPERTY SEIZURE UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 271-282, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Money laundering presents a fundamental challenge to modern economies by enabling criminals to disguise illicit proceeds and reintegrate them into legitimate financial systems. India’s legislative response, the Prevention of Money Laundering Act, 2002 (PMLA), was enacted to align domestic law with international anti-money laundering (AML) obligations while addressing the inadequacies of earlier statutes such as Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), and Foreign Exchange Management Act, 1999 (FEMA). The central research problem addressed in this paper is whether the PMLA, in its current form, effectively combats financial crime without compromising constitutional guarantees of liberty, equality, and due process. The objective of this study is twofold: first, to analyze the legal architecture of the PMLA with respect to bail, arrest, evidentiary rules, and property attachment; and second, to evaluate judicial interpretations that have shaped the Act’s constitutional balance, with specific attention to landmark cases such as Nikesh Tarachand Shah v. Union of India and Vijay Madanlal Choudhary v. Union of India. Methodologically, the research adopts a doctrinal approach, relying on statutory analysis, judicial precedents, and comparative perspectives from common law jurisdictions. Secondary sources, including scholarly commentary and international AML frameworks, are also examined to situate the PMLA within a broader legal and policy context. The conclusion suggests that while the PMLA serves a crucial role in curbing economic crime, its stringent provisions such as the “twin conditions” for bail, the reverse burden of proof, and non-disclosure of the Enforcement Case Information Report pose serious constitutional concerns. The study argues for recalibration through legislative reform and judicial oversight to ensure that the fight against money laundering remains robust but does not erode fundamental rights under Articles 14, 20, and 21 of the Indian Constitution.

Keywords: Money Laundering, Prevention of Money Laundering Act, 2002, Constitutional Rights, Bail, Enforcement Directorate

MISUSE OF DORMANT COMPANIES IN INDIA: A CRITICAL LEGAL ANALYSIS OF REGULATORY GAPS AND JUDICIAL OVERSIGHT (2013–2025)

AUTHOR – TEJAS VERMA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – TEJAS VERMA, MISUSE OF DORMANT COMPANIES IN INDIA: A CRITICAL LEGAL ANALYSIS OF REGULATORY GAPS AND JUDICIAL OVERSIGHT (2013–2025), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 416-428, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/UIMZ4721

ABSTRACT

The regulatory framework of dormant companies as stated in Section 455 of the Companies Act, ^[1]2013 contains a structural weakness that encourages corporate malfeasance, even though it is intended to ensure that inactive businesses have the freedom to operate. The paper addresses systemic frailties inherent in the dormant system of the company regime, in the form of the statutory framework, enforcement mechanisms and judicial interpretation, by showing how the advanced players use the loopholes in the regulations to engage in illegal financial transactions. This work shows that the information asymmetry created by the self-declaration model underlying Section 455, although it lessens the compliance burden on legitimate dormant entities, is critically damaging, allowing shell companies to operate under the cloak of regulatory dormancy. Over 233,000 companies were struck off by the Ministry of Corporate Affairs between 2019 and 2025, but such reactive enforcement steps cannot curb the already existing networks of layered corporate forms that help to launder money, evade taxation and conceal beneficial ownership. The dichotomy of active and dormant firms is not a sufficient way of describing the range of corporate inactivity, as it is possible that corporations can be dormant entities that act as passive intermediaries in sophisticated financial plans. Cases in courts, especially those of the Supreme Court in McDowell and Co. Ltd. v. Commercial Tax Officer and Vodafone International Holdings v. The Union of India, create a set of conflicting doctrinal premises authorizing substance- over form analysis at the same time as evidentiary standards are high in veiling the corporate veil. This conflict of doctrine, together with the formalism of procedure taken by the National Company Law Tribunal and National Company Law Appellate Tribunal, contributes to the inefficiency of regulation in identifying and preventing the difference between an active and a dormant company abuse.

The study suggests comprehensive changes such as the obligatory non-government audit of dormant status applications, graduated dormant status, centralized corporate intelligence systems where inter-agency data could be integrated in real-time, and more deterrence with commensurate punishment. The recommendations are also to change the reactive and procedure-oriented dormant regime of companies in India to a proactive, intelligence-based regime that keeps the business legitimate flexibility and provides regulatory accountability and market integrity.

Keywords Dormant Companies, Section 455 (Companies Act, 2013), Shell Layering, Beneficial Ownership, Regulatory Framework, Corporate Governance

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[1] Companies Act, No. 18 of 2013, § 455 (India).

AN ARTICLE ON CASTE-BASED VICTIMIZATION

AUTHOR – A JESLYN SHEENA PREETA* & HEMAVATHY D**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – A JESLYN SHEENA PREETA & HEMAVATHY D, AN ARTICLE ON CASTE-BASED VICTIMIZATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 412-415, APIS – 3920 – 0001 & ISSN – 2583-2344.

VICTIMIZATION

Victimization occurs when an individual or a group of individuals is intentionally harmed or attacked either physically, mentally or economically by another individual or a group. Victims are the products of vulnerability. Victimization leads to the disruption of peace and harmony in the society. Victimization leaves a huge impact on individuals as well as on the society as a whole. An offence is any act or omission against the existing law. Every offender gives birth to a victim. Every offence creates an eternal impact on the victim especially mentally and economically. Physical wounds may heal over time but mental and economic wellbeing is broken forever once broken. For instance, a rape victim undergoes a lot of mental instability when she tries to socialize with people after the incident. She becomes insecure and starts isolating herself from the society. On the other hand, the society blames the victim for the incident and mocks her personality. In the end, she becomes a BRIGHT GIRL in the DARK. This is how serious victimization can destroy a person and shadow his or her brightness.

A COMPREHENSIVE STUDY ON ROLE OF FORENSIC SCIENCE IN DEATH INVESTIGATION

AUTHOR – MR. ASWIN KUMAR K* & MR. SUGITHKUMAR R G**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – MR. ASWIN KUMAR K & MR. SUGITHKUMAR R G, A COMPREHENSIVE STUDY ON ROLE OF FORENSIC SCIENCE IN DEATH INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 403-411, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

     In a criminal investigation and trial, forensic evidence plays a very vital role, which is mainly concerned with materials and the materials associating with men, place & time. Forensic science process the materials & establish their presence or absence with the crime, criminal, victim, weapon allegedly connected with the offence.  Forensic science evaluates the available physical evidence and to provide it as better evidence to the cases in court of law. Forensic science plays a crucial role in death investigation cases and to establish the facts and evidence on the alleged crime. Forensic science provides various scientific tools and methodologies that greatly enhance the accuracy, objectivity and creditability of investigation processes. The main component of the forensic death investigation is the autopsy, performed to determine the physiological cause of death in the suspected cases and further analyse the presence of various biological components and other toxic substances in cases of overdose, poisoning or substance abuse. Forensic science aids in determining time since death using variety of indicators which includes body temperature, rigor mortis, lividity, decomposition and insect activity. In cases, where identity of deceased is unknown, forensic anthropologists and odontologists play a critical role by analysing skeletal fractures and dental records.

Key words:       Death investigation, post-mortem examination, time of death, forensic pathology, unnatural death, autopsy, toxicology.

THE PARADOX OF PROTECTION: A CRITICAL ANALYSIS OF THE GAP BETWEEN LEGISLATIVE INTENT AND JUDICIAL ENFORCEMENT IN INDIAN CHILD RIGHTS

AUTHOR – NIDA KHAN* & DR. JYOTSNA SINGH**

* STUDENT AT LLM. (CRIMINAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – NIDA KHAN & DR. JYOTSNA SINGH, THE PARADOX OF PROTECTION: A CRITICAL ANALYSIS OF THE GAP BETWEEN LEGISLATIVE INTENT AND JUDICIAL ENFORCEMENT IN INDIAN CHILD RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 387-394, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The architecture of child protection in India is characterized by a profound paradox: a hyper-active, punitive legislative landscape juxtaposed against a sluggish and fragmented enforcement machinery. This research paper undertakes a critical analysis of the “law in action” versus the “law in books,” examining the systemic attrition of justice following the enactment of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the transition to the Bharatiya Nyaya Sanhita, 2023 (BNS).

Utilizing statistical data from the National Crime Records Bureau (NCRB) Crime in India 2024 report, the study exposes a widening chasm between procedural success and substantive failure. While charge-sheeting rates for IPC crimes remain high (approximately 72.7%), conviction rates for crimes against children under POCSO stagnate between 20% and 36%. This discrepancy is attributed to a “procedural defeat” caused by the reliance on degrading oral evidence, the failure of Fast Track Special Courts to manage case bottlenecks, and a pervasive “compromise culture” abetted by police insensitivity.

Doctrinally, the paper critiques the judicial misinterpretation of “intent” (Section 300 IPC) versus “knowledge” (Section 304 IPC) in cases of fatal child abuse. It argues that the judicial application of the “Single Blow” doctrine and “Heat of Passion” defense in child homicide cases ignores the physiological vulnerability of children and inadvertently trivializes fatal abuse. The analysis further traces the oscillation of judicial interpretation, from the restrictive definitions in Sakshi v. Union of India to the restorative corrections regarding “skin-to-skin” contact in Attorney General v. Satish.

Finally, the research contrasts India’s retributive justice model with the restorative Scandinavian Barnahus framework, advocating for a centralized approach to evidence gathering to minimize secondary victimization. The study concludes by addressing the emergent threat of Deepfake technology and Generative AI, which challenges the ontology of evidence under the new Bharatiya Sakshya Adhiniyam, 2023 (BSA) and exposes the obsolescence of current obscenity laws.

Keywords: Child Rights, POCSO Act, Judicial Enforcement, NCRB Data, Culpable Homicide, Restorative Justice, Barnahus Model, Deepfake Technology.