Author: PRASANNASRI26092001

  • ‘EVE-TEASING: CAN THE COURTS PROVIDE THE CLOAK OF PROTECTION TO INDIAN WOMEN?

    EVE-TEASING: CAN THE COURTS PROVIDE THE CLOAK OF PROTECTION TO INDIAN WOMEN?

    AUTHOR – SHREYA KESHRI, INTERNATIONAL SAI SEWA TRUST

    BEST CITATION – SHREYA KESHRI, ‘EVE-TEASING: CAN THE COURTS PROVIDE THE CLOAK OF PROTECTION TO INDIAN WOMEN?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 376-384, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Women and their needs have been sacrificed time and again for the advancement of civilisation. They have faced innumerable impediments and ‘Eve – teasing’ is one of them. Though a widely used definition of the term is not provided, it has become a synonym of public harassment. This article analyses various causes that can possibly result in ‘Eve – teasing’, along with numerous implications of the same. It helps to understand as to where the conflict lies or where does our present laws lack in dealing with the issue. It tries to provide a suitable answer to the question – Has the Laws failed the Indian Women? Outlining the trends in the Indian Judiciary, it introspects on what the future lays ahead for women in India. The article mentions a list of suggestions which can be taken into account for their welfare.

    Keywords – Eve – teasing, Public Sexual Harassment, Laws in India.

  • GLOBALISATION AND ENVIRONMENTAL ACCOUNTABILITY: IMPLEMENTING THE POLLUTER PAYS PRINCIPLE IN INDIA POST RIO DECLARATION

    GLOBALISATION AND ENVIRONMENTAL ACCOUNTABILITY: IMPLEMENTING THE POLLUTER PAYS PRINCIPLE IN INDIA POST RIO DECLARATION

    AUTHOR – S JAGATHRATCHAGAN, STUDENT AT O.P.JINDAL GLOBAL UNIVERSITY

    BEST CITATION – S JAGATHRATCHAGAN, GLOBALISATION AND ENVIRONMENTAL ACCOUNTABILITY: IMPLEMENTING THE POLLUTER PAYS PRINCIPLE IN INDIA POST RIO DECLARATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 370-375, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CYUO3290

    INTRODUCTION

    Polluter Pays Principle (PPP) is a significant environmental and economic policy tool which mandates polluters to bear the cost of control of pollution, reducing pollution, and restoration of the environment[1]. In India, the PPP is enshrined in environmental law and further ratified through judicial precedents by courts of law. It encompasses the response of firms to cost of pollution, whether the same is passed on to consumers, and policies of the government utilizing PPP as a funding source of the environment[2]. The study also analyses enforcement issues like inefficiency of regulators, opposition from industry, and gaps in environmental taxation. The study attempts to explore the economic impact of the Polluter Pays Principle in India and overall economic sustainability. It was found that though PPP is seen as a catalyst for green technologies and control of pollution, there persists ongoing concerns of increased operating cost, lack of enforcement, and opposition from the industry. Younger, lesser educated, and urban respondents were more pessimistic regarding the application of PPP, while aged, educated, and rural respondents were more optimistic regarding the environmental benefits of PPP. Conclusion The PPP holds immense potential in reducing environmental degradation in India, and success lies only in addressing economic problems, increasing enforcement, and increasing awareness among the public.


    [1] Anisia-Teodora Doniga, ‘The Polluter Pays Principle’ (2016) 2016 Law Annals from Titu Maiorescu University 79.

    [2] Krati Singh Bhadouriya, ‘A Study on Environmental Liabilities: Polluter Pays Principle’ (2022) 4 Issue 4 Indian Journal of Law and Legal Research 1.

  • “CYBERCRIME IN THE DIGITAL AGE: RISKS, THREATS, AND GLOBAL COUNTERMEASURES”

    “CYBERCRIME IN THE DIGITAL AGE: RISKS, THREATS, AND GLOBAL COUNTERMEASURES”

    AUTHOR – KOMAL KUMARI, LLB, UTTARANCHAL UNIVERSITY

    BEST CITATION – KOMAL KUMARI, “CYBERCRIME IN THE DIGITAL AGE: RISKS, THREATS, AND GLOBAL COUNTERMEASURES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 361-369, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KSAU4282

    ABSTRACT 

    The major purpose of the research paper is to convey knowledge about the cyber risks that countries around the world face. In Today’s world, practically every device is connected to the internet and is at risk of being hacked. Every country is connected via the internet. Today, there is a slew of new criminal activities taking place on the internet which becomes a threat to national security. Cybercriminals commit cybercrime regardless of where they are located. Currently, Cybercrime is typically used to obtain sensitive information or to commit financial crimes. Numerous cyber activities aid in the battle against cybercrime. There are various international collaborations between countries to combat cybercrime, including seminars, collaborative workshops, and other activities. These factors help in the development of a nation’s cyber-security team and provide their respective countries with a more secure cyber area. 

    Keywords: National security, cyberspace threats, vulnerability assessments, cyberspace security, cyber security policy.

  • LEGAL RECOGNITION THROUGH CONSTITUTIONAL INTERPRETATION OF GIG WORK

    LEGAL RECOGNITION THROUGH CONSTITUTIONAL INTERPRETATION OF GIG WORK

    AUTHOR – RUCHI RAO, STUDENT AT GURU GHASIDAS CENTRAL UNIVERSITY OF CHHATTISGARH

    BEST CITATION – RUCHI RAO, LEGAL RECOGNITION THROUGH CONSTITUTIONAL INTERPRETATION OF GIG WORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 355-360, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ZFPM6635

    The law is not an end in itself, but a means to an end — justice.” — Roscoe Pound[1] The nature of work in the digital economy has changed significantly with the rise of gig and platform-based employment. Unlike traditional forms of employment, gig work is largely based on short-term tasks and flexible arrangements, usually managed through digital platforms. Because these workers do not fall within the traditional employer–employee relationship, they have largely remained outside the protection of labour laws in India. This exclusion has created a vulnerable position for gig workers, particularly in relation to job security, income stability, and access to social security benefits.


    [1] Roscoe Pound, An Introduction to the Philosophy of Law 137 (Yale Univ. Press 1922).

  • SECTION 43B(H) IN PRACTICE: INSTITUTIONAL DESIGN, CONTRACTUAL REALITY, AND LIQUIDITY OUTCOMES FOR MSMES IN POST-AMENDMENT INDIA

    SECTION 43B(H) IN PRACTICE: INSTITUTIONAL DESIGN, CONTRACTUAL REALITY, AND LIQUIDITY OUTCOMES FOR MSMES IN POST-AMENDMENT INDIA

    AUTHOR – SIDHESWAR JENA, PHD SCHOLAR (LAW) VIVEKANANDA GLOBAL UNIVERSITY- JAIPUR-INDIA. ORCID: HTTPS://ORCID.ORG/0009-0009-0234-5831

    BEST CITATION – SIDHESWAR JENA, SECTION 43B(H) IN PRACTICE: INSTITUTIONAL DESIGN, CONTRACTUAL REALITY, AND LIQUIDITY OUTCOMES FOR MSMES IN POST-AMENDMENT INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 340-354, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract:

     The insertion of clause(h) to Section 43B of the Income Tax Act, 1961 represents a significant legislative intervention aimed at addressing habitual detainments in payments to micro and small enterprises (MSEs). By conditioning Tax deductibility on compliance with the payment timelines specified under the Micro, Small and Medium Enterprises Development Act, 2006, Parliament sought to realign marketable impulses in favor of timely agreement. While the statutory correction is now settled law, its functional effectiveness within India’s being executive, contractual, and financial armature remains under- examined. This composition undertakes a post-legislative evaluation of Section 43B(h), fastening on its commerce with MSME status verification under the Udyam frame, the treatment of retention plutocrat in corner- grounded contracts, liquidity constraints arising from the Goods and Services Tax governance, and the practical enforceability of correctional interest under the MSMED Act. The study argues that without reciprocal institutional design and systemic collaboration, Section 43B(h) pitfalls generating compliance query and liquidity stress rather than fulfilling its defensive ideal. The composition concludes by proposing design acquainted reforms aimed at operationalizing legislative intent while conserving marketable certainty.

    Keywords: Section 43B(h), MSME payments, delayed payment, retention plutocrat, GST working capital, nonsupervisory design

  • UNMAKING MARRIAGE: SHILPA SAILESH V VARUN SREENIVASAN AND THE CASE FOR LEGISLATIVE REFORM

    UNMAKING MARRIAGE: SHILPA SAILESH V VARUN SREENIVASAN AND THE CASE FOR LEGISLATIVE REFORM

    AUTHOR – AANCHAL MEGAN MENEZES, STUDENT AT OP JINDAL GLOBAL UNIVERSITY

    BEST CITATION – AANCHAL MEGAN MENEZES, UNMAKING MARRIAGE: SHILPA SAILESH V VARUN SREENIVASAN AND THE CASE FOR LEGISLATIVE REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 334-339, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/EHSP4598

    Introduction

    Marriage, under Hindu personal laws, has long been regarded as a union that is sacrosanct.  The Hindu Marriage Act, 1955 (“HMA”) echoed this philosophy by initially offering divorce under very limited grounds of fault based reasons like cruelty, adultery etc. The addition of mutual consent as a ground for divorce in the form of Section 13B in 1976 marked a reformative shift that allowed for a petition for dissolution without the need to establish guilt, when both parties are willing, provided that the couple has been separated for at least one year. It also prescribes a cooling-off  period of six months, extendable up to eighteen months, before  a second petition for divorce can be filed. [1]

    The five-judge Bench in Shilpa Sailesh addressed the issue of whether this period could be waived in circumstances where there is no hope for reconciliation. However, the judgment also underscored broader implications. By acknowledging the irretrievable breakdown of marriage, where a party seeks a divorce despite the opposition of another, as a legitimate ground for divorce, it paved the way for the development of non-fault grounds. The court invoked its power under Article 142 of the Indian Constitution, which bestows upon it extraordinary powers to do “complete justice” in any cause or matter and held that they could use their discretion to grant relief and avoid prolonging the suffering of involved parties.  This case commentary seeks to examine the necessity of irretrievable breakdown of marriage (“IBM”) as a legitimate ground for divorce, while also delving into the limitations of doing so without legislative sanction. Further, it also explores India’s approach towards balancing  individual autonomy within the broader institution of broken marriages.


    [1] Bijal Ajinkya and Sachin Bhandawat, ‘Mutual Consent Divorce under Hindu Law: Cooling-Off Period and Withdrawal of Consent’ (2024) SCC Online Blog Exp 5 https://www.scconline.com/hma accessed 17 October

  • CROSS-BORDER CONTRACTS IN E-COMMERCE: A LEGAL AND PRACTICAL OVERVIEW

    CROSS-BORDER CONTRACTS IN E-COMMERCE: A LEGAL AND PRACTICAL OVERVIEW

    AUTHOR – HARSHAWARDHAN DHANANJAY DIXIT M LLM STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

    BEST CITATION – HARSHAWARDHAN DHANANJAY DIXIT M, CROSS-BORDER CONTRACTS IN E-COMMERCE: A LEGAL AND PRACTICAL OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 326-333, APIS – 3920 – 0001 & ISSN – 2583-2344.

    “Breaking Barriers, Building Trust: Contracts in the Digital Marketplace”

    (History)

    The emergence of e-commerce has revolutionized global trade, transforming how businesses and consumers interact. Historically, cross-border contracts were bound by jurisdictional limitations and complex negotiation processes. However, the advent of digital marketplaces and electronic agreements has enabled seamless transactions across borders, ushering in a new era of globalization. (Present Status) In the present context, cross-border e-commerce is booming, with platforms like Amazon, Alibaba, and Shopify facilitating trade. While these platforms have simplified transactions, the legal framework governing cross-border e-commerce contracts remains fragmented. Variations in contract law, jurisdictional challenges, enforcement of dispute resolution mechanisms, and the lack of standardized regulations pose significant barriers to international e-commerce growth.(Short Explanation) This research explores the complexities of cross-border e-commerce contracts, focusing on issues such as jurisdiction, choice of law, enforcement of electronic contracts, and consumer protection. (Research Problem) The research problem addresses whether existing legal frameworks adequately support the dynamic nature of cross-border e-commerce and ensure fair and enforceable agreements. (Hypothesis)The hypothesis posits that the lack of uniformity in global e-commerce laws hinders trust and efficiency in cross-border contracts. (Possible Reforms) Possible reforms include developing an international legal framework for e-commerce, adopting standardized contract templates, and leveraging blockchain technology for secure and transparent transactions.(Aim and objective) The aim and objective of this study are to provide a comprehensive analysis of the legal and practical challenges in cross-border e-commerce contracts and propose actionable solutions to streamline global digital trade.

    Keywords: Cross-Border Contracts, E-Commerce, International Trade Law, Digital Agreements

  • BALANCING INVESTORS’ PROTECTION IN INDIA:A TOP DOWN APPROACHS

    BALANCING INVESTORS’ PROTECTION IN INDIA:A TOP DOWN APPROACHS

    AUTHOR – RAIBHAN SANGRAM KATKAR, STUDENT AT SHRI NAVALMAL FIRODIA LAW COLLEGE

    BEST CITATION – RAIBHAN SANGRAM KATKAR, BALANCING INVESTORS’ PROTECTION IN INDIA:A TOP DOWN APPROACHS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 318-325, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    “Successful investing is about managing risks, not avoiding it.” The need for effective investor protection has become increasingly critical in today’s rapidly evolving financial landscape. This paper investigates the concept of balancing investor protection through a top-down regulatory approach, considering historical developments, current practices, and potential reforms. The evolution of investor protection began in the early 20th century, catalyzed by financial scandals and crises. Landmark regulations, such as the Securities Act of 1933, laid Foundational Principles Aimed at Ensuring Transparency and Safeguarding Investor Interests. Over Decades, Regulatory Frameworks Have Been Shaped by A Series Of Financial Events, Leading To The Establishment of agencies like the Securities and Exchange Commission (SEC) in the U.S. to oversee compliance. In the current landscape, investor protection mechanisms differ significantly across jurisdictions. While some regions adopt stringent regulatory measures, others promote lighter touch approaches. The proliferation of complex financial products and digital investment platforms complicates the regulatory environment, creating gaps in protection and exposing investors to heightened risks. This study posits that a top-down approach where overarching regulatory principles guide localized implementations can create a more integrated and effective investor protection framework. By aligning regulations across borders and sectors, the approach seeks to enhance consistency and compliance. The central issue is how to balance robust investor protection with the need for market innovation and accessibility. Existing frameworks often lead to fragmented protections that inadequately address the risks faced by investors. A coordinated top-down regulatory framework can enhance investor protection without hindering market dynamism. Key reforms may include harmonizing regulations internationally, improving transparency in investment products, and utilizing technology for enhanced monitoring and compliance. This paper aims to critically analyze current investor protection measures, propose a unified regulatory framework, and assess its potential to bolster investor confidence and market integrity.

    Keywords: Investor Protection, Top-Down Approach, Regulatory Framework, Financial Markets, Transparency, Market Innovation, Compliance.

  • CRYPTO CURRENCY A INVESTMENT OR CURRENCY?

    CRYPTO CURRENCY A INVESTMENT OR CURRENCY?

    AUTHOR – ADITYA SINGH, STUDENT AT AMITY UNIVERSITY PATNA

    BEST CITATION – ADITYA SINGH, CRYPTO CURRENCY A INVESTMENT OR CURRENCY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 314-317, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    Crypto as a currency or investment ? Some countries have legalized the crypto and legalization is directly related to centralization and decentralized .It is a source of income who trade these electronic securities or currency on the market.The first ever crypto currency was bitcoin why crypto currency why not just crypto or index crypto as some electronic security.Through this paper you will get some knowledge how crypto works and other parts and some real incidents that tells crypto as a use full asset.

  • NAVIGATING THE LEGAL AND POLICY CHALLENGES IN DIVORCE CASES INVOLVING DOMESTIC VIOLENCE AND CHILD CUSTODY IN INDIA

    NAVIGATING THE LEGAL AND POLICY CHALLENGES IN DIVORCE CASES INVOLVING DOMESTIC VIOLENCE AND CHILD CUSTODY IN INDIA

    AUTHOR – JAYANTIKA THAKUR, ADVOCATE (B.A.LLB, LLM), HON’BLE HIGH COURT OF DELHI

    BEST CITATION – JAYANTIKA THAKUR, NAVIGATING THE LEGAL AND POLICY CHALLENGES IN DIVORCE CASES INVOLVING DOMESTIC VIOLENCE AND CHILD CUSTODY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 278-313, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CFMM9759

    Abstract

    Domestic violence and child custody are two critical issues that intersect within the legal domain, posing complex challenges for family courts, legal practitioners, and policymakers. In India, while laws such as the Protection of Women from Domestic Violence Act, 2005, seek to address the issue of domestic violence, the intertwining of domestic violence allegations with child custody disputes complicates the legal process. This research paper examines the challenges posed by domestic violence in child custody cases, with a focus on the legal framework and its application in India.

    The study begins by examining the definition and forms of domestic violence, followed by a review of the legal protections available under Indian law. It then delves into how domestic violence allegations impact divorce proceedings and custody decisions, particularly in light of the paramountcy principle that the welfare of the child is the primary consideration. The research evaluates judicial trends in child custody decisions and highlights the balance or lack thereof between protecting the child’s welfare and safeguarding the rights of the parents.

    One of the key challenges discussed is the insufficient implementation of existing protective laws, which often fail to provide adequate relief for victims, particularly children. The research also addresses the issue of gender bias in custody decisions and the lack of psychological support for children affected by domestic violence. Additionally, it explores the delicate balance between preventing false allegations of domestic violence and ensuring genuine concerns are addressed.

    The research concludes with recommendations to strengthen legal provisions, improve enforcement mechanisms, enhance child protection policies, and promote a child-centric approach to custody decisions. It suggests the introduction of mediation and counselling to provide a holistic solution to domestic violence and child custody disputes.

    Keywords- Domestic Violence, Child Custody, Best Interest of the Child, Parental Rights, Child Welfare.