Author: PRASANNASRI26092001

RECONCEPTUALIZING SOCIAL JUSTICE AND AFFIRMATIVE ACTION IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS

AUTHOR – DR MONALISA CHANDRA, ASSISTANT PROFESSOR (RESEARCH) UCRD,, CHANDIGARH UNIVERSITY. ORCID ID: HTTPS://ORCID.ORG/0000-0002-3838-4471

BEST CITATION – DR MONALISA CHANDRA, RECONCEPTUALIZING SOCIAL JUSTICE AND AFFIRMATIVE ACTION IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.834-864, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JVGO7730

ABSTRACT

 Ancient social hierarchies and inequalities in India have perpetuated social stratification and unequal resource access. The Indian social divide based on class, caste, creed, race, and gender has led philosophers to propose achieving social justice and equality. Indian philosophers have advocated affirmative action for marginalised groups, as reflected in Articles 14, 15, 16, and 335 of the Indian Constitution. These provisions aim to ensure equal protection and representation for all individuals. The implementation of reservation policies in education, employment, and administration has impacted socio-economic mobility. Although society has transformed since these policies were implemented, implementation challenges persist. Debates about efficiency and merit often oppose affirmative actions. Affirmative action exists in countries like the USA and South Africa to counter discrimination, yet India faces backlash when advocates promote equal representation. To address these issues, reforms are necessary to enhance reservation policies. This study examines social justice through affirmative action and addresses misconceptions about reservations in India. By exploring historical context, constitutional provisions, and implementation challenges, this study contributes to understanding affirmative action’s role in promoting social justice.

Keywords:  Affirmative action, Constitution, Social Justice, Reservation

ASSESSING THE STATUS OF PUBLIC SANITATION IN WEST TRIPURA DISTRICT: A SOCIO-LEGAL RESEARCH

AUTHORS – DR. KABITA CHAKRABORTY* & MISS POULAMI CHAKRABORTY**

* PROFESSOR, FACULTY OF LAW, ICFAI UNIVERSITY, TRIPURA

** GUEST LECTURER, FACULTY OF LAW, ICFAI UNIVERSITY TRIPURA

BEST CITATION – DR. KABITA CHAKRABORTY & MISS POULAMI CHAKRABORTY, ASSESSING THE STATUS OF PUBLIC SANITATION IN WEST TRIPURA DISTRICT: A SOCIO-LEGAL RESEARCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.823-833, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Sanitation, which is a highly private and intimate affair, is directly tied to human dignity and also has a significant public health component and through faeces and wastewater, poor sanitation causes contamination of the environment and public areas as well. The purpose of this study was to look into the issues over using public toilets and to pinpoint ways to make them better. This study mainly focuses on the admittance of Right to Sanitation as a fundamental right under the ambit of Article-21 of the Indian Constitution combining the aspects of health, safety, cleanliness, hygiene, privacy and dignity. This study discusses on the available legal frameworks and policies dealing with human right to sanitation and addresses the gaps by recommending provisions to strengthen the available legislatures and policies and to achieve sustainability in sanitation in India. This study also deals with the infrastructural barriers faced by users while practicing sanitary facilities at public places. There is also discussion of availability of toilet focuses the need of each and every section of the society, proper maintenance of toilet incorporating periodic cleaning and repairmen of damaged functionalities, user involvement in toilet construction, reconstruction of toilets involving modern technologies, providing proper training to cleanliness staffs, creating awareness among users by conducting departmental programs and appointment of a grievance redressal committee and sanitary inspector to inspect and examine the entire process of sanitation at various public toilets to ensure that it meets the bare set standard.

 KEYWORDS:Sanitation, Swachh Bharat Mission, accountability, Clean Toilet Campaign, Municipal Acts, gender-designated,vulnerable.

EVOLUTION OF WILDLIFE LAWS IN INDIA AND THE ROLE OF COMMUNITY IN HUMAN-WILDLIFE CONFLICT AND CONSERVATION

AUTHOR – NELSON P RAJ, LLM- CONSTITUTION AND ADMINISTRATION LAW, SCHOOL OF LAW- CHRIST (DEEMED TO BE) UNIVERSITY, BENGALURU

BEST CITATION – NELSON P RAJ, EVOLUTION OF WILDLIFE LAWS IN INDIA AND THE ROLE OF COMMUNITY IN HUMAN-WILDLIFE CONFLICT AND CONSERVATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.809-822, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/HJSW3046

Abstract

India, known for its rich and diverse ecological heritage, has witnessed an evolving relationship between humans and wildlife spanning ancient reverence, colonial exploitation, and modern conservation efforts. This paper traces the historical evolution of wildlife protection laws in India from pre-colonial religious and cultural norms, through colonial-era regulatory statutes, to contemporary legal frameworks dominated by the Wildlife Protection Act, 1972 and related constitutional provisions. Despite these comprehensive statutory instruments and constitutional mandates such as Articles 48A and 51A(g), India faces escalating human-wildlife conflict driven by habitat loss, expanding agricultural and infrastructural development, and social pressures. The study critically examines judicial interventions that have expanded environmental and animal welfare rights, highlighting landmark cases that underscore the role of courts in conservation governance. Moreover, it explores the vital yet underrepresented role of local communities in conservation practices, analyzing mechanisms such as the Forest Rights Act and Joint Forest Management that enable participatory governance. The paper proposes legal and policy reforms aimed at bridging gaps between law and practice, emphasizing capacity building, inclusion of community knowledge, and sustainable coexistence strategies. Ultimately, this research advocates for an integrative approach to wildlife conservation that aligns ecological preservation with social justice and participatory governance.

MAINTENANCE OF WOMEN UNDER HINDU AND MUSLIM LAW IN INDIA: A COMPARATIVE STUDY WITH SPECIAL REFERENCE TO SECTION 125 CRPC

AUTHOR – NISTHA MISHRA* & SARITA YADAV**

* STUDENT AT AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – NISTHA MISHRA & SARITA YADAV, MAINTENANCE OF WOMEN UNDER HINDU AND MUSLIM LAW IN INDIA: A COMPARATIVE STUDY WITH SPECIAL REFERENCE TO SECTION 125 CRPC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.793-808, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Across personal law boundaries, maintenance in Indian family law serves as a secular, welfare-oriented remedy to prevent destitution of wives, divorced women, children, and parents. This paper examines in detail the scheme of maintenance for women under Hindu and Muslim law, analyses the interface with Section 125 of the Code of Criminal Procedure, 1973 (CrPC), and critically discusses leading Supreme Court decisions such as Shah Bano, Danial Latifi, Shamim Ara, Bhagwan Dutt, Chand Dhawan and Rajnesh v.  Neha.  In light of Articles 14, 15(3), and 21 of the Constitution, as well as recent jurisprudence affirming Muslim divorced women’s right to claim maintenance under Section 125 despite the 1986 Act, it concludes with a normative evaluation and reform recommendations.

Keywords – Maintenance, Stridhan, Constitutional Infusion, Substantive Right, Relief

PREVENTIVE DETENTION AND CONSTITUTIONAL SAFEGUARDS IN INDIA: A CRITICAL ANALYSIS OF ARTICLE 22 AND ITS CONTEMPORARY RELEVANCE

AUTHORS – KRITI MISHRA* & DR. KAVYA CHANDEL**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH, INDIA

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH, INDIA

BEST CITATION – KRITI MISHRA & DR. KAVYA CHANDEL, PREVENTIVE DETENTION AND CONSTITUTIONAL SAFEGUARDS IN INDIA: A CRITICAL ANALYSIS OF ARTICLE 22 AND ITS CONTEMPORARY RELEVANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.786-792, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper critically examines the concept of preventive detention in India and the constitutional safeguards provided under Article 22. Preventive detention allows the State to detain a person without trial in order to prevent potential threats to national security and public order and the overall stability of society. While such a power may be necessary in certain situations, it also raises serious concerns about protection of personal liberty and the possibility of arbitrary action. The paper explores the historical roots of preventive detention that trace back to the colonial period. It Further examines the legal provision related to preventive detention and the statues enacted by legislature to address emerging challenges to national security and peace. special emphasis is placed on Article 22 which attempts to strike a balance between individual rights and State interests by providing certain procedural safeguards even in cases of detention without trial. The paper also analyses the role of the judiciary in interpreting and protecting fundamental rights in preventive detention cases. Through judicial review, courts have played a crucial role in ensuring that such powers are exercised within constitutional limits and not used arbitrarily. At the same time, the study addresses concerns regarding the misuse of preventive detention laws, particularly during periods of political unrest and emergency. By examining its contemporary relevance, this paper highlights the continuing tension between collective security and individual freedom. It concludes that while preventive detention remains an important legal tool, its exercise must be guided by constitutional principles, transparency, and strict judicial supervision to safeguard democratic values and personal liberty.

DE-DEMOCRATISING THE WORKPLACE: UK EMPLOYMENT LAW AS CONSTITUTIONAL PROJECT FROM VOLUNTARISM TO MANAGED INEQUALITY

AUTHOR – TADGH QUILL-MANLEY. STUDENT AT KING’S INNS

BEST CITATION – TADGH QUILL-MANLEY, DE-DEMOCRATISING THE WORKPLACE: UK EMPLOYMENT LAW AS CONSTITUTIONAL PROJECT FROM VOLUNTARISM TO MANAGED INEQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 705-723, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CVGO1594

Abstract

By arguing that employment law changed from postwar voluntarism to a purposeful constitutional project that subordinated collective worker voice to executive and managerial authority, this article critically examines the decline of industrial democracy in the UK. Important interventions that enacted authoritarian legalism rather than neutral regulation, such as the Industrial Relations Act of 1971, the Trade Union Acts of 1984 and 2016, and the Strikes (Minimum Service Levels) Act of 2023, substituted procedural compliance for substantive participation. The article frames this trajectory as de-democratisation of the economic sphere, leaving workplaces as areas of private despotism despite formal political democracy, drawing on Schmittian sovereignty concepts and research on authoritarianism in labour governance. The Employment Rights Act 2025 partially reverses this by repealing the 2023 Act immediately, relaxing ballot thresholds and notice rules, banning exploitative zero-hours contracts, introducing day-one unfair dismissal rights, and strengthening union recognition and protections against fire-and-rehire and harassment. These reforms are still primarily defensive and procedural, despite the fact that they promise benefits for more than 18 million workers, productivity increases, and closer OECD alignment. Instead of attaining true democratic reopening, the Act liberalises within neoliberal bounds in the absence of codetermination, mandatory sectoral bargaining, or constitutionally guaranteed participation. Two arguments are made by the analysis: first, collective power has been constitutively disciplined by UK employment law; and second, even recent progressive changes highlight enduring structural limitations. In order to address the disparity between economic power and democratic accountability, true industrial democracy necessitates rethinking the workplace as a constitutional polity, casting doubt on the validity of Britain’s uncodified constitution.

DECODING THE PMLA IN A VIRTUAL ECONOMY: ADDRESSING THE ILLEGAL USE OF BITCOIN UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002

AUTHOR – THAMARAISELVI T* & MS.T.VAISHALI**

* STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR, DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SOEL, TNDALU

BEST CITATION – THAMARAISELVI T & MS.T.VAISHALI, “THE CONSTITUTIONAL BALANCE BETWEEN THE INSOLVENCY AND BANKRUPTCY CODE (IBC) AND ARTICLE 14: A DOCTRINAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 689-704, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research looks at how the Prevention of Money Laundering Act 2002, in India’s being expanded. The Prevention of Money Laundering Act 2002 is being updated to deal with the growing financial system. The Prevention of Money Laundering Act 2002 needs to address the use of Bitcoin and other Virtual Digital Assets. This is an issue because people are using Bitcoin and Virtual Digital Assets in bad ways. The Prevention of Money Laundering Act 2002 has to be changed to stop this. The Virtual Digital Assets region is like a no man’s land. It is a place where the rulers’ not very clear. The Virtual Digital Assets region is now part of Indias rules to stop money laundering. This happened because of notes from the Ministry of Finance in March 2023. There were also guidelines from the Financial Intelligence Unit in January 2026. The Virtual Digital Assets region is now, under these rules. The guideline says that VDA service companies are called Reporting Entities. This means they have to follow a lot of rules. They have to do -layer KYC and Enhanced Due Diligence for big transactions that are very risky. They also have to follow the Travel Rule so that everyone can see what is happening with money being sent across borders.

The Directorate of Enforcement has taken a lot of money from people who were doing things. Like the ₹1,646 crore they got back from BitConnect.. It is still very hard for them to catch people who are doing bad things because they use things, like mixers and tumblers to hide what they are doing. There is also a problem because even when they do catch people and take their money it is hard to actually convict them in court. VDA service companies have to deal with this all the time. For all these challenges, India’s 2024 Financial Action Task Force (FATF) Mutual Evaluation rating of “Largely Compliant” for Recommendation 15 illustrates how the kingdom has actually raised its crypto oversight game to conform with global standards re: combatting monetary crime.

KEYWORDS Virtual Digital Assets (VDA), Bitcoin, Money Laundering, PMLA, 2002, FIU-IND, AML/CFT Compliance, FATF Mutual Evaluation 2024, Enforcement Directorate (ED), Travel Rule, Crypto-mixers/Tumblers.

HISTORICAL AND LEGISLATIVE DEVELOPMENTS OF CSR IN INDIA

AUTHOR – RAKHSHAN AHMAD* & DR. ROSHINI SHRIVASTAV**

* LLM (BUSINESS LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – RAKHSHAN AHMAD & DR. ROSHINI SHRIVASTAV, HISTORICAL AND LEGISLATIVE DEVELOPMENTS OF CSR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 660-665, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides an exhaustive analysis of the trajectory of Corporate Social Responsibility (CSR) in India, tracing its metamorphosis from voluntary philanthropy rooted in religious and cultural ethos to a statutorily mandated governance framework unique to the global legal landscape. The study delineates the historical evolution of social responsibility, moving from the Gandhian ideal of ‘Trusteeship’ and pre-independence industrial philanthropy to the modern paradigm of ‘Stakeholder Responsibility’.

Central to this research is a granular dissection of the Companies Act, 2013, specifically Section 135, which made India the first country to legally mandate CSR spending. The paper scrutinizes the complex web of legislative amendments from 2014 through the fiscal year 2026, highlighting the regime’s shift from a “comply or explain” approach to a rigorous “comply or penalize” model. Key legislative developments analysed include the decriminalization of offenses, the introduction of the 2021 Amendment Rules regarding unspent accounts and impact assessments, and the Companies (Amendment) Bill, 2025, which proposes lowered applicability thresholds and heightened penalties.

Furthermore, the paper examines key judicial interpretations that have shaped compliance standards, including Technicolor India and Lantio Communications. It concludes by exploring the emerging frontier of climate litigation, specifically the landmark Supreme Court judgment in M.K. Ranjitsinh (2025). This ruling links CSR to ‘Corporate Environmental Responsibility’ (CER) and the constitutional duty under Article 51A(g), effectively elevating environmental stewardship from a discretionary activity to a constitutional imperative.

KEYWORDS: Corporate Social Responsibility (CSR), Section 135, Trusteeship, Comply or Penalize, Corporate Environmental Responsibility (CER)

THE DIGITAL PERSONA IN PERIL: ANALYZING THE DECRIMINALIZATION PARADOX IN INDIA’S BIOMETRIC DATA LAWS

AUTHOR – ARCHI ARYA* & DR.MUDRA SINGH**

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

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

BEST CITATION – ARCHI ARYA & DR.MUDRA SINGH, THE DIGITAL PERSONA IN PERIL: ANALYZING THE DECRIMINALIZATION PARADOX IN INDIA’S BIOMETRIC DATA LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 653-659, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The integration of biometric authentication into India’s governance infrastructure has fundamentally altered the relationship between the citizen and the State, creating a “digital persona” susceptible to surveillance and commercial exploitation. This research paper provides a doctrinal analysis of the evolving legal architecture governing biometric data in the “post-Puttaswamy” era, where the Supreme Court’s recognition of the fundamental right to privacy serves as the normative baseline for data protection.

The study examines the fragmented statutory landscape, juxtaposing the rigorous criminal penalties of the Aadhaar Act, 2016, and the Information Technology Act, 2000, against the nascent civil liability regime introduced by the Digital Personal Data Protection Act, 2023 (DPDP Act). It traces the jurisprudential shift from the “spatial” privacy of early case law to the “informational privacy” established in Justice K.S. Puttaswamy v. Union of India (2017), which mandated a tripartite test of legality, necessity, and proportionality for state intrusion.

Furthermore, the paper evaluates the “decriminalization paradox” emerging from the DPDP Act, which replaces imprisonment with monetary penalties, potentially weakening the deterrence framework for individual data breaches. By mapping these statutes against surveillance risks, the research concludes that while India has transitioned toward a consent-centric regime, significant lacunae remain regarding the regulation of state surveillance and the classification of biometric data thefnder the Bharatiya Nyaya Sanhita, 2023.

Keywords: Biometric Data, Right to Privacy, Puttaswamy, Aadhaar Act, DPDP Act 2023, Data Surveillance.

LEGAL AND ETHICAL ISSUES IN ARTIFICIAL REPRODUCTIVE TECHNOLOGIES

AUTHOR – VANSHIKA SHUKLA, RESEARCH SCHOLAR, (PH.D.), FACULTY OF LAW, BANASTHALI VIDYAPITH, JAIPUR, RAJASTHAN

BEST CITATION – VANSHIKA SHUKLA, LEGAL AND ETHICAL ISSUES IN ARTIFICIAL REPRODUCTIVE TECHNOLOGIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.778-785, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CLJK3512

ABSTRACT

Artificial Reproductive Technologies (ART) like IVF and surrogacy have really changed the way people in India face infertility. Although in 2025, India handles over 200,000 IVF cycles each year. The paper examines into those challenges through the lens of ethics, real court cases, and the latest laws.

In keeping with this, The Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, established laws for hospitals, make registration mandatory, and ban commercial surrogacy. Still, ethical problems haven’t gone away. There’s constant debate should embryos be used in research or just discarded. Is consent truly informed in egg donation or surrogacy, or are poor women getting the worst of it? Unofficial sex selection persists, even though the 1994 PCPNDT Act bans it, and this pushes a troubling “better babies” mindset. Indian surrogacy laws draw a hard-line single people, LGBTQ+ peoples, and foreigners get shut out. That’s sparked lawsuits from people fighting for the right to build families on their own terms. Cases like Baby Manji Yamada (2008) and Jan Balaz (2010) dragged issues like citizenship and parental rights into the spotlight, while recent 2025 court rulings on age limits show the legal landscape isn’t standing still.

This article deals with where the laws fall short and pushes for reforms fairer access, tighter oversight, and strong ethics that actually line up with the rights promised in Articles 14, 15, and 21 of India’s Constitution. If India wants a just future for families, it needs to strike the right balance between cutting-edge tech and real fairness.

Keywords: Informed Consent, Embryo Ownership, Surrogacy Laws, Genetic Privacy, Parental Rights, Bioethics.