Author: PRASANNASRI26092001

THE ROLE OF HABEAS CORPUS IN HUMAN RIGHTS PROTECTION: AN INTERNATIONAL EVALUATION OF PREVENTIVE DETENTION LAWS AND APPLICATION OF HABEAS CORPUS

AUTHOR – SAM S SIRYON, BA. LL. B HONORS, APEEJAY STYA UNIVERSITY SCHOOL OF LEGAL STUDIES

BEST CITATION – SAM S SIRYON, THE ROLE OF HABEAS CORPUS IN HUMAN RIGHTS PROTECTION: AN INTERNATIONAL EVALUATION OF PREVENTIVE DETENTION LAWS AND APPLICATION OF HABEAS CORPUS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 628-635, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In this contemporary era where politics has proven to influence the enjoyment of human rights and personal liberty, as political decisions often defines the extent of individual freedoms, such includes freedom of speech, assembly, and movement. Politics, though have a positive impact in framing laws and regulations that safeguard rights, it also has significant adverse impact on human rights and persona liberty, primarily by concentration state power, eroding democratic institutions, and enabling discriminatory and repressive policies. It is however, no doubt that politics suppresses civil liberties where political actions often justified under the guise of national security can lead to suppression of dissent, censorship of the media and internet, and the prohibition of peaceful assembly and protest. The use of draconian preventive detention laws allows for the arbitrary arrest and prolonged detention of political and social justice activists, journalists and perceived opponents which creates a climate of fear thereby silencing criticism. Preventive detention is often politically influenced and could be used as a tool for suppressing political dissent and opposition, rather than being solely used for the stated purpose of maintaining public order and national security. This subjective nature of the power and the lack of robust judicial oversight makes it prone to abuse by the executive branch. In as much as these preventive detention laws often use vague and broad definitions of terms like ‘public order’ or ‘national security’ or ‘anti-social activities’, gives the detaining authorities significant discretion and allows authorities to act on political motives rather than objective evidence of an imminent threat. The framework of preventive detention concentrates significant powers in the hand of the executive including the district magistrates and police commissioners to issue detention orders based on their subjective satisfactions. This undermines the separation of powers and the rule of law in any given democracies, especially when the judiciary defers to the executives claims of national security.

Keywords Preventive detention laws, Writ of Habeas Corpus, Human Rights Enforcement

LEGAL ISSUES IN BLOCK-CHAIN BASED CORPORATE GOVERNANCE: SMART CONTRACTS, VOTING, AND TRANSPARENCY

AUTHOR – MUSKAN JAJOO & JENNIFER NENGNEIVAH HAOKIP

STUDENTS AT HIDAYATULLAH NATIONAL LAW UNIVERSITY

BEST CITATION – MUSKAN JAJOO & JENNIFER NENGNEIVAH HAOKIP, LEGAL ISSUES IN BLOCK-CHAIN BASED CORPORATE GOVERNANCE: SMART CONTRACTS, VOTING, AND TRANSPARENCY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 619-627, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Blockchain technology, which first emerged in connection with Bitcoin, has now begun to influence the internal structures of corporations. The promise of the technology lies in its ability to record transactions in a tamper-resistant and decentralized ledger. Scholars such as Yermack have argued that this development could alter long-standing features of corporate governance, particularly in relation to ownership records and voting procedures.^[1] What was once the domain of registrars and centralized depositories is now being reconsidered through distributed systems.

At the same time, the legal consequences of this transition remain unsettled. Smart contracts like self-executing code that purports to embody contractual commitments have been promoted as a mechanism for automating shareholder agreements and even aspects of board decision-making. Yet, as Werbach and Cornell point out, the enforceability of such code under ordinary contract principles is far from certain.^[2] Questions of consent, mistake, interpretation, and judicial remedy cannot be easily translated into binary instructions. Similarly, the immutability of blockchain raises tensions with regimes such as the EU’s General Data Protection Regulation, which insists on erasure rights. Corporate law has always relied on flexibility and judicial interpretation. The rigidity of blockchain systems may therefore be in conflict with established doctrines of equity and fiduciary responsibility. Jurisdictions have responded unevenly: Delaware has amended its General Corporation Law to recognise the maintenance of corporate records on distributed ledgers,^[3] while the European Union has preferred to focus on shareholder rights and transparency. In India, the Securities and Exchange Board has emphasised electronic voting for listed companies. The comparative divergence illustrates that blockchain’s role in governance will depend not only on technology but also on regulatory adaptation.

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[1] David Yermack, Corporate Governance and Blockchains, 21 Rev. Fin. 7 (2017).

[2] Kevin Werbach & Nicolas Cornell, Contracts Ex Machina, 67 Duke L.J. 313 (2017).

[3] Del. Code Ann. tit. 8, 219(c) (2017 amendment recognising blockchain stock ledgers).

COMPARABILITY ANALYSIS AND THE ARM’S LENGTH STANDARD: EMERGING ISSUES IN INDIAN TRANSFER PRICING LAW

AUTHOR – VIGNESH* & PURNIMA TYAGI**

* LAW STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – VIGNESH & PURNIMA TYAGI, COMPARABILITY ANALYSIS AND THE ARM’S LENGTH STANDARD: EMERGING ISSUES IN INDIAN TRANSFER PRICING LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 613-618, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The comparability analysis is one of the key pillars of the arm-length principle and can be seen as the major tool of the identification of whether international transactions between associated enterprises are being conducted at market-based prices. In the Indian transfer-pricing regime, the comparability analysis has gained crucial significance because of the growth of the cross-border transactions, the development of the digital economy and the increased attention of tax authorities. Despite the elaborate statutory propinquity in the Income-Tax Act, 1961, along with new rules of addition to it, the practical application of comparability standards has yet to be made, a path of great difficulty. They include the choice of appropriate comparators, the accessibility and trustworthiness of data, the use of quantitative and qualitative filters and too much discretionary latitude used by Transfer Pricing Officers.

This paper is the critical analysis of the new concerns in comparability analysis in India especially its application in the determination of the arm-length price. It examines the provisions of the law, administrative adjudication and emerging judicial interpretations with a view to enlighten discrepancies and regions of misnegeny. The paper also analyses how Indian practice is impacting on the OECD Transfer Pricing Guidelines and the post-BEPS developments. Through the evaluation of the recent litigation and dispute resolution trends, the article holds that a more principled, consistent, and taxpayer-friendly approach to comparability analysis, to strike a balance between revenue interests and commercial realities and international standards, could be found.

KEYWORDS: Transfer Pricing; Arm-Length Principle; Comparability Analysis; FAR Analysis; OECD Guidelines; Indian Tax Law; International Transactions; Transfer of Pricing Litigation.

AN OVERVIEW OF DEEP FAKE SEXUAL HARRASSMENT

AUTHORS – MS. SIDDIQ RISHWANA I. G* & MS.T. VAISHALI**

* V YEAR BCA LLB (HONS), THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY *

* ASSISTANT PROFESSOR (DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION) THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – MS. SIDDIQ RISHWANA I. G & MS.T. VAISHALI, AN OVERVIEW OF DEEP FAKE SEXUAL HARRASSMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 599-612, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

 The development of artificial intelligence has significantly transformed digital communication; however, it has also facilitated new forms of abuse, particularly through deepfake technology. Deepfake sexual harassment refers to the creation and circulation of manipulated or fabricated sexually explicit images, videos, or audio without the consent of the individual depicted. This form of abuse has emerged as a serious threat to personal dignity, privacy, and gender equality, with women being disproportionately targeted. The present study provides an overview of deepfake sexual harassment by examining its gendered impact, the nature of harm caused to victims, and the challenges it poses to existing criminal law frameworks in India.

Using a doctrinal and analytical research methodology, the study analyses statutory provisions, constitutional principles, judicial decisions, and scholarly literature. It argues that deepfake sexual harassment operates as a contemporary form of gender-based violence, frequently employed as a tool for revenge, blackmail, moral policing, and silencing women in public life. The research further highlights the severe psychological, social, and reputational harm suffered by victims, including mental trauma, social stigma, and long-term damage to personal and professional identity, which often persists even after content removal. The study critically evaluates the applicability of traditional principles of criminal liability and mens rea to AI-generated sexual abuse and identifies significant gaps in attributing responsibility to creators, distributors, and digital platforms. It concludes that existing Indian laws address deepfake sexual harassment only indirectly and are inadequate to deal with its unique and aggravated nature. The research emphasizes the urgent need for specific legal recognition, gender-sensitive reforms, and victim-centric mechanisms to effectively address deepfake sexual harassment in the digital age.

GENDER-NEUTRAL RAPE LAWS: NEED FOR REFORM IN INDIAN CRIMINAL JURISPRUDENCE

AUTHOR – AASHISH GUPTA, BA.LLB (HONS.), CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – AASHISH GUPTA, GENDER-NEUTRAL RAPE LAWS: NEED FOR REFORM IN INDIAN CRIMINAL JURISPRUDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 585-598, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/LQRQ5478

ABSTRACT

This study investigates the current situation with the criminal legislation in India concerning sexual offences and the urgent necessity of the gender-neutral criminal law. The paper examines the current laws (especially, the Indian Penal Code, and the recently established Bharatiya Nyaya Sanhita, 2023), court interpretations, and legislative suggestions. It illuminates the way existing legislations (such as the Section 375 IPC) in the past set rape as the act of a man raping a woman, which leaves out all male, transgender, and non-binary victims.^[1] The analysis will be based on the domestic sources (law commission reports, court decisions, legal commentary) and international models (Canada, UK, etc.) to determine whether gender-specific provisions continue to be a means of justice. The major conclusions can be made to confirm that there is a significant legal gap: numerous survivors (men and gender-diverse in particular) are not covered by the current system.^[2] In the case of Sudesh Jhaku v. K.C.J. (1996)^[3], Priya Patel v. MP (2006)^[4], Kamaljit Kaur v. Punjab (2023)^[5] indicates that the judicial cognizance of these gaps exists. Comparative examples indicate that such countries as Canada, Australia and UK have adopted completely inclusive definitions of sexual assault.^[6] The results of the given study highlight that it is necessary to change the laws of India: to make rape and related crimes gender-neutral (although retaining the protection of all victims), to amend the laws, such as the exception of marital rape, and to create the complementary acts concerning domestic violence and harassment. Suggestions may involve certain drafting changes (e.g. having rape redefined as non-consensual penetration by any person) and policy changes to enforce the latter. These reforms would bring the Indian law in line with constitutional equality (Article 14) and international standards on human rights thus giving equal justice to all the genders.

Keywords: Gender-neutral law; Rape legislation; Indian Penal Code; Bharatiya Nyaya Sanhita; Sexual offences; Domestic violence; Article 14; Legal reform.

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[1] The Indian Penal Code, 1860, § 375 (India).

[2] Shubhi Verma & Alok Anand, Gender-Neutral Laws – Is India Ready?, 2 Jus Corpus L.J. 19, 21–22 (2022).

[3] Sudesh Jhaku v. K.C.J., 1996 SCC OnLine Del 527.

[4] Priya Patel v. State of M.P., (2006) 6 SCC 263.

[5] Kamaljit Kaur v. State of Punjab, 2023 SCC OnLine SC 1602.

[6] Heather Nalezyty, Gender Bias in Sexual Assault Laws in Canada, Gender: Reflections & Intersections (2023), https://gender.lancs.ac.uk/gender-bias-canada

THE ORANGE ECONOMY: INDIA’S REVOLUTIONIZING STEP

AUTHOR – SHRUTI TOMAR, ADVOCATE & INDIVIDUAL AUTHOR

BEST CITATION – SHRUTI TOMAR, THE ORANGE ECONOMY: INDIA’S REVOLUTIONIZING STEP, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 583-584, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BEJX3291

The concept of the orange economy was formally recognized as a financial instrument during the Indian Parliamentary Budget Session of 2026-27, which sparked varied interpretations among citizens. Despite the prior existence of similar terms, it has sometimes been perceived as a distraction, akin to the discourse surrounding artificial intelligence (AI). The term “orange economy” was introduced by the INTER-AMERICAN DEVELOPMENT BANK (IDB) in the book “The Orange Economy: An Infinite Opportunity,” and was initially adopted by Colombia. It refers to a creativity-driven economy that promotes cultural, entertainment, media, and intellectual property advancements, with structured operational aspects and centralized regulation for decentralized sectors. The primary objective is to generate economic value from the cultural and creative skills of individuals, enabling both skilled and unskilled production of valuable assets. At first glance, it may appear to sideline conventional economic systems, despite its inherent presence in various economies.

UN AND ITS ORGANS ETHICS

AUTHORS – HEMA SUDANTHIRA GNANASEKARAN* & SUGITH KUMAR R G**

* BALLB (HONS.,), 5^TH YEAR, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI.

** BCA LLB(HONS), LLM (CRIMINAL LAW), PHD (PURSUING) LAW FACULTY, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, TARAMANI, CHENNAI.

BEST CITATION – HEMA SUDANTHIRA GNANASEKARAN & SUGITH KUMAR R G, UN AND ITS ORGANS ETHICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 566-582, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Founded in 1945, the United Nations (UN) is a global institution consisting of 193 Member States. Its mandate is shaped by the objectives and values outlined in the UN Charter and carried out through its main bodies and affiliated agencies. The organization’s functions encompass conflict prevention and peacekeeping, the advancement of human rights, the provision of humanitarian relief, the encouragement of sustainable development, and the enforcement of international legal frameworks

SOVEREIGNTY OF GREENLAND, GEOPOLITICS IN ARCTIC SECURITY AND INTERNATIONAL LAW

AUTHOR – DR.S.KRISHNAN* & MS. VAISHALI SONI**

* ASSOCIATE PROFESSOR IN SEEDLING SCHOOL OF LAW AND GOVERNANCE, JAIPUR NATIONAL UNIVERSITY, JAIPUR

** FINAL YEAR LAW STUDENT OF LLB (3) IN SEEDLING SCHOOL OF LAW AND GOVERNANCE, JAIPUR NATIONAL UNIVERSITY, JAIPUR

BEST CITATION – DR.S.KRISHNAN & MS. VAISHALI SONI, SOVEREIGNTY OF GREENLAND, GEOPOLITICS IN ARCTIC SECURITY AND INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 552-565, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/XXAG6917

Abstract

President Donald Trump’s renewed push to acquire Greenland is now framed not as a novelty or negotiating stunt, but as a foreign policy and national security imperative. Administration officials argue that Greenland’s Arctic location, proximity to emerging shipping lanes, and potential role in countering Russian and Chinese influence make US control strategically essential.  The Greenland episode may teach him differently. While Denmark is no match for the US in military terms, it does hold good title to the island, along with the right to self-determination of the local population. In this instance, International Law does play an important strategic role, balancing the relative power of both sides.  The united and strong European response to US threats against Denmark – a brand leader in compliance with International Law along with other Nordic states – offers an indication that others remain committed to the international rule of law and will, eventually, be willing to speak up in favour of an international system governed by rules and principles that by and large yield stability and security for all, whether weak or strong.

Keywords: International Law, Sovereignty, Jurisdiction, National Security, Alliance

CONSTITUTIONAL PROMISES VS GROUND REALITY

AUTHOR – VISHNU VARDHAN .G, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY

BEST CITATION – VISHNU VARDHAN .G, CONSTITUTIONAL PROMISES VS GROUND REALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 547-551, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A strong commitment to end the social injustices caused by India’s colonial past and to establish a nation based on the principles of justice, liberty, equality, and brotherhood… the socially transformative element of the Constitution of India. Beyond governance, The Constitution of India delivers on its promise of Social and Economic Justice to the citizen through its Bill of Rights, Directive Principles of State Policy and Judicial review of the state.

Despite the breadth of The Constitution’s vision of India, there remains an enormous disconnect between its promise and what daily life looks like for the average citizen.

This article takes a close-up look at how far we have come from what was hoped for based on how the Supreme Court has interpreted the Constitution of India in relation to the right to Equality, the protection of Fundamental Rights and the quest for Social and Economic Justice. The article examines how the judiciary has used its power of Judicial Activism to further the ideals of the Constitution. The expansion of the definition and understanding of Rights continues today as does the use of Public Interest Litigation to afford citizens access to justice.

The study concludes that, while the judiciary plays an important role in facilitating access to justice through its continued interpretation of the Constitution, it is not equipped to resolve the systemic issues surrounding Social and Economic Justice in a sustainable way. The article concludes by asserting that true Constitutional Transformation requires sustained commitment on the part of Political Leadership, the establishment of effective mechanisms for the administration of justice, and the creation of accountability across all levels of government.

Keywords: Indian Constitution; Fundamental Rights; Equality; Directive Principles of State Policy; Judicial Activism; Socio-Economic Justice

ANALYSIS ON POLICE BRUTALITY AND RACIAL BIAS IN INDIA

AUTHORS – SIVASANKARI N* & MS.T.VAISHALI**

* V YEAR BCA LLB (HONS), THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR (DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION) THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – SIVASANKARI N & MS.T.VAISHALI, ANALYSIS ON POLICE BRUTALITY AND RACIAL BIAS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 536-546, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper investigates the complex and deeply rooted phenomena of police brutality and racialism in India, with a particular focus on how they manifest against marginalized communities. Although India is constitutionally committed to equality, liberty, and justice for all citizens, law enforcement practices often reflect a contradictory reality—one where power is disproportionately exercised against Dalits, Adivasis, Muslims, and other minority and lower-caste groups. Incidents of custodial deaths, arbitrary arrests, excessive use of force, and communal profiling suggest a pattern of systemic abuse that transcends individual misconduct and reflects institutional bias.  These practices persist today, reinforced by weak oversight mechanisms, politicization of law enforcement, and societal apathy toward the rights of marginalized populations. The problem is further aggravated by inadequate legal accountability, outdated laws, and the near absence of independent civilian review systems. This paper aims to bridge the gap between constitutional ideals and policing realities through a multidisciplinary approach that incorporates doctrinal and empirical legal analysis, sociological frameworks, psychological perspectives, and comparative international insights. Ultimately, this research seeks to contribute to the discourse on democratic policing by emphasizing the urgent need for reforms that align law enforcement with the constitutional promise of justice, equality, and dignity for all citizens

KEYWORDS Police brutality, racialism, custodial violence, caste discrimination, minority rights, law enforcement in India, systemic injustice, human rights violations, legal accountability, democratic policing