Author: PRASANNASRI26092001

“AMENDMENTS PERTAINING TO SEXUAL OFFENCES IN INDIA: A CRITICAL ANALYSIS”

AUTHORS – SAHIL* & DR. VINIT KUMAR**

* RESEARCH SCHOLAR, UNIVERSITY INSTITUTE OF LAW, CHANDIGARH UNIVERSITY, MOHALI, PUNJAB

** PROFESSOR, UNIVERSITY INSTITUTE OF LAW, CHANDIGARH UNIVERSITY, MOHALI, PUNJAB

BEST CITATION – SAHIL & DR. SONIA GREWAL MAHAL, ““AMENDMENTS PERTAINING TO SEXUAL OFFENCES IN INDIA: A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1039-1049, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Cesare Beccaria is recognised as being the first criminologist to recognise crime as a symptom of a larger social problem. Criminologists came to the conclusion that combatting crime was essentially a war against poverty, disease, drunkenness, and prostitution as a result of this new understanding of crime. However, certain odd sorts of crime do not react well to this theory owing to human nature’s continuous propensity. Sex crime is without a doubt one of these crimes that has existed in almost every community throughout history. As science, civilization, and culture have progressed, the complexities of existence have significantly risen. As a result of contemporary mechanisation and urbanisation, the total collapse of the “family” structure has resulted in severe issues in human life. Parents’ control over their children has eroded substantially. Adolescent indiscipline, rowdiness, and vargrancy are on the rise, mostly due to parental irresponsibility. Law enforcement agencies all around the world are grappling with the issue of uncontrollable youth hooliganism. It’s now more of a social ailment. As a result of this regrettable trend, unmarried motherhood, abortion, rape, kidnapping, enticement, abduction, adultery, incest, indcent abuse, and other types of sex crime have become all too common. According to a study of sexual offences in one American state, around 88 percent of school-aged girls aged fourteen to eighteen had sex experience before to puberty. Another research in the United States indicated that one out of every five or ten weddings today already had a pregnant wife. “A couple goes on a date and wakes up to find they’ve gotten married even though they can’t remember why or where,” the October 23, 1961 issue of Life International rightly observed, capturing the current state of sexy-civilization in the United States. Keywords: Sexual offences, Sexual Awareness, Survey on sexual offences, pre puberty sex experience, sexual offences a social evil

“LAND, LAW, AND INEQUALITY: A STUDY OF SAHERIYA ADIVASI ENCROACHMENT CASES”

AUTHOR – SHAILENDRA SINGH, A PRACTICING HUMAN RIGHTS LAWYER, ZENITH SOCIETY FOR SOCIO LEGAL EMPOWERMENT

BEST CITATION – SHAILENDRA SINGH, “LAND, LAW, AND INEQUALITY: A STUDY OF SAHERIYA ADIVASI ENCROACHMENT CASES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1030-1038, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper delves into the socio-legal injustices faced by the “Sahariya Adivasi Community in Madhya Pradesh. It highlights the need for realization about their struggles and sufferings. This paper calls attention to the critical issues and aims to push authorities to take speedy and necessary actions to address the injustices outlined in this paper. It further draws attention to the pervasive inequalities that the sahariya adivasi community undergo, particularly related to land rights and legal protections like the encroachment of their lands by members of other communities, thereby, raises the urgent need for intervention and attention to propose reforms.

The primary objective of this paper is to influence policy-making and foster social change with an outcome of justice. By documenting the painful insights of the lives of sahariya adivasi, this research aims to vigilantly highlight the comprehensive understanding of their plight with the motive to encourage stakeholders, including governmental bodies and civil society organizations. This will help recognize and rectify the administrative issues

Ultimately, this study aims to empower the Sahariya Adivasi by championing their rights and ensuring their voices are heard in debates about land, law, and social justice. The research utilized a mixed-methods approach, combining secondary and primary studies. The secondary study involved analyzing existing research papers and materials, while the primary study drew upon personal case experiences acquired during my tenure as a Legal Consultant at the Zenith Society for Socio-Legal Empowerment, Gwalior-MP. These cases included both resolved and pending matters. The study uncovered legal loopholes and systemic challenges faced by the Sahariya Adivasi community in reclaiming their rightful lands. It offered a comprehensive analysis of the community’s struggles and exposed the systemic failures of lower revenue authorities, such as the Tehsildar and Sub-Divisional Officer.

CYBERCRIME VICTIMIZATION OF WOMEN: A CRITICAL STUDY

AUTHOR – MR. DEEPAK& MR. BHARAT

ASSISTANT PROFESSORS AT J C COLLEGE OF LAW, BAHADURGARH

BEST CITATION – MR. DEEPAK& MR. BHARAT, CYBERCRIME VICTIMIZATION OF WOMEN: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1021-1029, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ZDVH8370

Abstract

The rapid expansion of digital technology has transformed communication and social interaction, but it has also intensified the vulnerability of women to cybercrime. This paper critically examines the nature and extent of cybercrime victimization of women, analyzing its forms, causes, legal responses, and consequences. The study explores major cyber offences against women, including cyber stalking, cyber bullying, online sexual harassment, image-based abuse, doxxing, revenge pornography, identity theft, impersonation, and financial frauds.

The research identifies key contributing factors such as technological advancements, socio-cultural conditions, psychological influences, patriarchal structures, lack of digital literacy, and the anonymity afforded to offenders in cyberspace. It evaluates the legal framework in India, with particular reference to the Information Technology Act, 2000, relevant provisions of the Indian Penal Code, constitutional safeguards, and the role of cyber cells and specialized agencies. Judicial approaches and landmark case laws are examined to assess the effectiveness of existing remedies and enforcement mechanisms.

The paper further analyzes the profound psychological, social, economic, and privacy-related impact of cyber victimization on women, highlighting long-term trauma and mental health concerns. It also discusses critical challenges such as under-reporting of offences, investigative and jurisdictional difficulties, limited public awareness, and inadequate victim support systems.

Based on its findings, the study proposes legal reforms, policy measures, technological safeguards, and victim-centric approaches to strengthen protection mechanisms and promote safer digital environments for women. The paper concludes that a comprehensive and coordinated response involving law, technology, institutions, and civil society is essential to combat cybercrime against women effectively.

Keywords – Cybercrime, Women Safety, Online Harassment, Digital Victimization’ Legal Framework

CONSTITUTIONAL PROMISE, LEGISLATIVE PAUSE: LGBTQ+ FAMILY RIGHTS AND WORKPLACE PROTECTIONS AFTER NAVTEJ SINGH JOHAR

AUTHOR – MAITRA VARUN CHOTIA, PHD RESEARCH SCHOLAR, CENTRAL SANSKRIT UNIVERSITY, NEW DELHI

BEST CITATION – MAITRA VARUN CHOTIA, CONSTITUTIONAL PROMISE, LEGISLATIVE PAUSE: LGBTQ+ FAMILY RIGHTS AND WORKPLACE PROTECTIONS AFTER NAVTEJ SINGH JOHAR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1008-1021, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/SIVE7615

Abstract

The 2018 Navtej Singh Johar judgment decriminalizing adult consensual homosexuality in India was a landmark in the LGBTQ + rights movement, but it did not address many substantive matters. The paper will discuss legal and social equality of LGBTQ+ individuals in India following the repeal of Section 377 in terms of constitutional rights, health, family law, and employment. The post-377 landscape is examined based on the mixed doctrinal and socio-legal approach, reviewing the decisions of the Supreme Court and High Courts, legislation, and the latest research (2018-2025). We discover that although the courts have established the essential rights of dignity and equality of LGBTQ+ persons^[1], the practice is not fully covered^[2]. The LGBT individuals remain victims of stigma and poor access to health and social services in health and social services – a problem that is highlighted by literature indicating high rates of HIV/STIs and mental-health impacts of discrimination^[3]. The rights of the family also are limited: the existing legislation in the area of marriage and adoption imposes limitations on the LGBTQ+ families, which is reflected in the inability of same-sex marriage rights to be granted by the Supreme Court in 2023^[4] and in the limiting adoption policies. Nevertheless, the recent court developments (e.g. Bombay HC 2025) started to extend the rights of unmarried and same-sex couples to adopt^[5]. Discrimination in employment is still a prevalent issue because there are no provisions on that. Interestingly, the corporate world in India has reacted differently – large corporations implemented LGBTQ+ inclusive practices after 377, but most activism has been based on a market business case, instead of a set of rights^[6]. The paper concludes that legal equality cannot be complete without legislation (e.g. an anti-discrimination law) and policy changes to enforce the rights in practice even though progressive jurisprudence^[7]. We propose solutions such as legislative changes (of marriage, adoption, and surrogate laws), non-discrimination policies at work, and special health and educational initiatives in order to deliver on the equality promise the courts made.

Keywords LGBTQ rights; Section 377; India; constitutional law; family law; health equity; employment discrimination; LGBTQIA+

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[1] Supreme Court Observer, Judgment of the Court in Plain English (Sept. 6, 2018), https://www.scobserver.in/reports/navtej-singh-johar-section-377-judgment-of-the-court-in-plain-english/.

[2] Supra note 1.

[3] Venkatesan Chakrapani et al., A Scoping Review of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) People’s Health in India, PLOS Glob. Public Health 3(4): e0001362 (Apr. 20, 2023), https://doi.org/10.1371/journal.pgph.0001362.

[4] Supreme Court Observer, Plea for Marriage Equality (Oct. 17, 2023), https://www.scobserver.in/cases/plea-for-marriage-equality/.

[5] Law Gratis, Bombay HC Recognizes Unmarried Couple’s Right to Joint Adoption (May 20, 2025), http://lawgratis.com/blog-detail/bombay-hc-recognizes-unmarried-couples-right-to-joint-adoption.

[6] Lars Aaberg, Corporate India after Section 377: Haphazardness and Strategy in LGBTQ Diversity and Inclusion Advocacy (published online Nov. 22, 2022) (author manuscript), https://www.researchgate.net/publication/365638206_Corporate_India_after_Section_377_haphazardness_and_strategy_in_LGBTQ_diversity_and_inclusion_advocacy.

[7] Supra note 6.

A STUDY TO ANALYSIS THE NEED OF DIFFERENTIATION AND SEGREGATION OF LETHAL  AUTONOMOUS WEAPON SYSTEMS (LAWS) FROM GENERALIZED PERSPECTIVE OF AUTONOMOUS WEAPONS SYSTEMS (AWS)

AUTHOR – INBATHAMIZHAN K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – INBATHAMIZHAN K, A STUDY TO ANALYSIS THE NEED OF DIFFERENTIATION AND SEGREGATION OF LETHAL  AUTONOMOUS WEAPON SYSTEMS (LAWS) FROM GENERALIZED PERSPECTIVE OF AUTONOMOUS WEAPONS SYSTEMS (AWS), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 994-1005, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YWBF4779

ABSTRACT

 We normally think that the autonomous weapons systems(AWS) and lethal autonomous weapons systems(LAWS), are one and the same, but I think that there is difference.  Those who are opposing the AWS like ICRC, SIPRI and some countries are all emphasising a kind of moratorium on AWS, but they doesn’t differentiate the LAWS from AWS. While analysing their opinions, they actually meant that there is need for ban of AWS which going to take decisions on killing of human lives.  The purpose of IHL is concerned with jus in bello not with jus ad bellum, and  to  maintenance of principle of proportionality in warfare, so the complete ban of AWS may not possible within purview of IHL. Hence we need to differentiate  LAWS from  AWS, and also to segregate  LAWS from AWS. This paper going to work for that through technical and legal aspects using qualitative method and secondary data.

KEY WORDS – Lethal Autonomous Weapon System , Conventional weapons, Iron dome, Loitering munitions, Harpy drone, principle of proportionality.

THEORIES OF PUNISHMENT: A COMPARATIVE JURISPRUDENTIAL ANALYSIS

AUTHOR – SORNALAKSHMI V S, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SORNALAKSHMI V S, THEORIES OF PUNISHMENT: A COMPARATIVE JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 984-993, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Punishment serves as the primary mechanism through which criminal justice systems address illegal behavior and maintain social order. The rationale, aims, and methods of punishment have been subjects of extensive debate within legal theory, leading to the emergence of various approaches, including retributive, deterrent, preventive, reformative, compensatory, and restorative theories. This article presents a comparative jurisprudential examination of these theories to explore how diverse legal systems understand and implement punishment in relation to their historical development, constitutional principles, and socio-legal environments. Utilizing a doctrinal and comparative research methodology, the study investigates statutory laws, judicial rulings, and international human rights frameworks across Common Law jurisdictions such as India, the United Kingdom, and the United States, alongside Civil Law systems like Germany and France. The findings indicate a global transition from strictly retributive and deterrent models toward more integrated approaches that focus on reformative and restorative principles emphasizing proportionality, individualized sentencing, and human dignity.

Additionally, it assesses the increasing impact of constitutionalism and international human rights law on contemporary sentencing jurisprudence. The article concludes that no single punitive theory is adequate when considered in isolation and advocates for a comprehensive approach that is humane and rights-focused—drawing insights from comparative jurisprudence—to achieve a just and effective criminal justice system.

KEYWORDS:

Theories of Punishment; Comparative Jurisprudence; Sentencing Policy; Retributive Justice; Reformative Justice; Restorative Justice; Human Rights; Constitutionalism; Criminal Justice System.

REGULATING THE FINAL FRONTIER: A LEGAL ANALYSIS OF DEEP SEABED MINING UNDER UNCLOS AND THE INTERNATIONAL SEABED AUTHORITY

AUTHOR – MRS. VEENA KUMARI, ASSISTANT PROFESSOR (LAW), LAW CENTRE 2, FACULTY OF LAW, DELHI UNIVERSITY

BEST CITATION – MRS. VEENA KUMARI, REGULATING THE FINAL FRONTIER: A LEGAL ANALYSIS OF DEEP SEABED MINING UNDER UNCLOS AND THE INTERNATIONAL SEABED AUTHORITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 978-983, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KIFS4180

Abstract

Deep seabed mining has emerged as one of the most contested frontiers of contemporary international law. As terrestrial mineral resources face depletion and the global transition towards green technologies accelerates demand for critical minerals, attention has shifted to the ocean floor beyond national jurisdiction. This region, designated as “the Area” under the United Nations Convention on the Law of the Sea (UNCLOS), is governed by the principle of the Common Heritage of Mankind and administered by the International Seabed Authority (ISA). However, the move from exploration to exploitation has exposed serious legal, environmental, and ethical concerns. This paper examines the international legal framework regulating deep seabed mining, with particular emphasis on UNCLOS and the institutional role of the ISA. It critically analyses the adequacy of existing rules, environmental safeguards, and benefit-sharing mechanisms, and highlights regulatory gaps that threaten marine ecosystems and global equity. The study argues that without stronger precautionary standards, transparency, and accountability, deep seabed mining risks undermining both environmental protection and the normative foundations of international ocean governance.

Keywords: Deep seabed mining, UNCLOS, International Seabed Authority, Common Heritage of Mankind, environmental law, global commons

CORPORATE GOVERNANCE IN INDIA: A CONCEPTUAL AND REGULATORY OVERVIEW

AUTHOR – DR. SREE KRISHNA BHARADWAJ H, ASSISTANT PROFESSOR AT DEPARTMENT OF LAW, V.S.K. UNIVERSITY, BALLARI, INDIA

BEST CITATION – DR. SREE KRISHNA BHARADWAJ H, CORPORATE GOVERNANCE IN INDIA: A CONCEPTUAL AND REGULATORY OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 971-977, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Business Ethics refers to carrying business as per self-acknowledged ethical standards. It is a structure of ethical principles and code of conduct applicable to a business. Corporate governance specifies the relationship among various primary participants (shareholders, directors, and managers) in determining the directions and performance of corporations. Ethical decisions in a business have implications such as satisfied work force, high sales, low regulation cost, more customers and high goodwill. Good corporate governance seeks to make sure that all shareholders get a voice at general meetings and are allowed to participate. It ensures that all shareholders fully exercise their rights and that the organization fully recognizes their rights. Corporate Governance has a broad scope. It includes both social and institutional aspects. Corporate Governance encourages a trustworthy, moral, as well as ethical environment. The paper tries to analyse the corporate governance in Indian scenario and suggests steps to establish good corporate governance in companies.

Key words: corporate, governance, business, SEBI, practices.

THE PRIYADARSHINI MATTOO CASE: A CASE STUDY OF VICTIMOLOGY, STATE FAILURE, AND DELAYED JUSTICE

AUTHOR – POOJA S, STUDENT AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, CHENNA

BEST CITATION – POOJA S, THE PRIYADARSHINI MATTOO CASE: A CASE STUDY OF VICTIMOLOGY, STATE FAILURE, AND DELAYED JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 965-970, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Priyadarshini Mattoo case represents a profound illustration of systemic failure in the Indian criminal justice system, particularly in addressing crimes against women preceded by persistent threats and harassment. Despite repeated complaints made by the victim regarding stalking and intimidation, institutional apathy and investigative inaction culminated in her brutal rape and murder in 1996. The case underwent a complex judicial trajectory, beginning with an acquittal by the trial court, followed by reversal and imposition of the death penalty by the Delhi High Court, and concluding with commutation of the sentence to life imprisonment by the Supreme Court of India. This case study undertakes a detailed examination of the factual background, procedural history, judicial reasoning, and victimological dimensions of the case. It critically analyses issues such as secondary victimisation, abuse of influence, investigative lapses, appellate correction of miscarriage of justice, and sentencing jurisprudence. The study highlights the broader implications of the case for victim protection mechanisms, police accountability, and the administration of criminal justice in India.

KEYWORDS Priyadarshini Mattoo Case; Victimology; Crimes Against Women; Secondary Victimisation; Criminal Justice System; Investigative Lapses; Appellate Review; Gender Justice; Sentencing Jurisprudence.

MEDICAL TOURISM

AUTHOR – YUVASHREE, STUDENT AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – YUVASHREE, MEDICAL TOURISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 958-964, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Medical tourism has become a major component of cross-border health services, characterized by patients travelling internationally to obtain medical care that is more affordable, faster, or perceived as higher in quality than what is available in their home jurisdictions. Cost differentials, lengthy waiting periods in certain public health systems, expanding private-sector healthcare capacity, and technological advances have collectively accelerated this market. India has emerged as a leading destination due to comparatively lower treatment costs, a large pool of specialized clinicians, the growth of accredited tertiary-care hospitals, and the co-existence of biomedical and traditional wellness systems. At the same time, the sector generates complex legal and ethical concerns, particularly in relation to patient safety, informed consent, professional accountability, dispute resolution, continuity of care, confidentiality, and distributive justice in access to health resources. This article analyses the concept and expansion of medical tourism, outlines its perceived benefits and structural risks, and argues for clearer governance mechanisms that safeguard patient rights while supporting sustainable sectoral growth.

Keywords: Medical Tourism, Cross-Border Healthcare, Medical Negligence, Informed Consent, Global Health Governance, etc.