PROCESS OF INCORPORATING INTERNATIONAL LAW IN INDIAN LEGAL SYSTEM

AUTHOR – MISS SAMRUDDHI HARSHAL SANT, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MISS SAMRUDDHI HARSHAL SANT, PROCESS OF INCORPORATING INTERNATIONAL LAW IN INDIAN LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 383-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bridging the Global and the Local: The Path of International Law into India’s Legal Framework. India, as a former British colony, inherited a dualist approach to international law, requiring domestic legislation for treaty enforcement. Post-independence, the Indian Constitution provided mechanisms for integrating international law, with Article 253 empowering Parliament to legislate on treaties and agreements. Over time, judicial interpretations have played a key role in aligning domestic laws with international commitments. India remains a dualist state where treaties do not automatically become law unless legislated upon. Courts have, however, increasingly relied on international conventions, particularly in human rights and environmental law, even in the absence of formal legislative enactment. Despite constitutional provisions, inconsistencies in implementation persist due to executive discretion and lack of a structured treaty incorporation process. The absence of a clear framework for treaty incorporation creates legal uncertainty, inconsistent judicial application, and gaps in international obligations. There is a need to assess whether India’s existing legal mechanisms are sufficient or if reforms are necessary to ensure seamless integration of international law into domestic jurisprudence. A structured and mandatory legislative framework for the incorporation of international treaties will enhance legal certainty, improve compliance with international obligations, and strengthen India’s global legal standing. Introduction of a Treaty Incorporation Act to establish a standardized process. Mandatory parliamentary approval for key treaties impacting fundamental rights and governance. Enhanced judicial guidance on the applicabilityof customary international law. Creation of a dedicated Treaty Implementation Authority for monitoring and compliance. To analyze the effectiveness of India’s current approach to incorporating international law. To assess the role of the judiciary in interpreting international obligations. To identify gaps and challenges in treaty implementation. To propose legal and institutional reforms for a more structured approach. To strengthen India’s commitment to global legal standards while ensuring constitutional integrity. It reflects a balance between constitutional provisions, judicial decisions, and legislative actions.

Keywords : Constitution, Customary International Law, Dualism, Fundamental Rights, Global Legal Standards, International Law, Judiciary, Legal Framework, Legislative Incorporation, Parliamentary Approval, Reform, Sovereignty Treaty, Implementation Treaty, Incorporation Act, Treaty Obligations

APPLICATION OF LEGAL THEORIES IN INTERNATIONAL LAW – A MODERN PERSPECTIVE

AUTHOR – SHIVANANDAN PRASHANT DARADE, DES SHRI NAVALMAL FIRODIA LAW COLLEGE

BEST CITATION – SHIVANANDAN PRASHANT DARADE, APPLICATION OF LEGAL THEORIES IN INTERNATIONAL LAW – A MODERN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 374-382, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

International Law is not a law but a framework of legal rules and principles formed to be obliged and legally binding on mutually consenting sovereign states. Application of Legal Theories and its principles in International Law has been in practice since Ancient times. One of the examples of application of legal principles in International Law dates back to 2100 BCE with the Solemn Treaty between Lagash and Umma of Mesopotamia and has evolved since then till the present times. With the advent of modern age and the evolution of International Law after the end of World War II, United Nations Organization was established in 1945 for governance of International Law by framing legal rules and principles as per legal theories prevalent in respective times and also forming other international institutions governing different fields of human importance. Principles of International Law first evolved with Roman Law of Lex Gentium meaning ‘Law of Non-Romans (Foreigners)’ incorporating principles from Natural and Positive Law Theories and later on developed by Hugo Grotius. In modern times International Law is defined by Oppenheim as ‘body of rules which are legally binding on states in their intercourse with each other. The principles from the legal theories are applied through sources like conventions, customs, general principles, judicial decisions and United Nations resolutions. The changing nature of International disputes and their repercussions on rights of human makes it necessary to formulate principles applicable in the future.The combination of principles from Historical, Natural and Positivist theory of law are most prominently in use in modern International Law made binding on the states through its sources.The researcher has undertaken the topic to understand and study the evolution, its changing concepts and implications of International Law in modern times through application of legal theories for its development in the future.

Key Words- Lex Gentium, Convention, Treaty, United Nations Organizations, Customs.

“A CRITICAL ANALYSIS ON EMPLOYEE COMPENSATION SCHEME IN INDIA”

AUTHOR – M. MATHAN, 2^nd LLM (LABOUR LAW AND ADMINISTRATIVE LAW), TAMILNADU DR. AMBEDKAR LAW UNIVERSITY CHENNAI – 13

BEST CITATION – M. MATHAN, “A CRITICAL ANALYSIS ON EMPLOYEE COMPENSATION SCHEME IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 361-373, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper provides a comprehensive analysis of India’s employee compensation framework, primarily examining the Employees’ Compensation Act, 1923, and its evolution through various amendments. The study investigates the effectiveness of current compensation mechanisms, employer liability structures, and the adequacy of statutory provisions in protecting workers’ rights. Through doctrinal analysis of legal provisions, judicial interpretations, and comparative examination of international conventions, this research reveals significant gaps between legislative intent and practical implementation. The findings indicate that while India’s compensation scheme provides a foundational framework for worker protection, issues persist regarding compensation adequacy, procedural complexities, and enforcement mechanisms. The study employs a mixed methodology approach, incorporating statutory analysis, case law examination, and comparative legal research. Key findings suggest that current compensation rates remain insufficient to meet modern living standards, administrative delays compromise timely relief, and awareness levels among workers remain inadequate. The research recommends comprehensive legislative reforms, enhanced enforcement mechanisms, simplified claim procedures, and increased compensation amounts aligned with contemporary economic realities. This analysis contributes to the existing body of knowledge by providing updated insights into India’s evolving compensation landscape and offering practical recommendations for policy reform and implementation improvement.

Keywords: Employee Compensation, Workmen’s Compensation Act, Employer Liability, Industrial Accidents, Labor Law, Social Security, Occupational Safety

A STUDY ON ENVIRONMENTAL HEALTH AND TOXIC CHEMICAL RISKS IN COMMERCIAL CONTRACT WITH REFERENCE TO CHENNAI

AUTHOR – SUSHIRAGA, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI 600077

BEST CITATION – SUSHIRAGA, A STUDY ON ENVIRONMENTAL HEALTH AND TOXIC CHEMICAL RISKS IN COMMERCIAL CONTRACT WITH REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 328-353, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The workers around the world are facing a global health crisis due to occupational exposure to toxic chemicals in contracts. Introduction many of these workers lose their life following such exposures, succumbing to fatal diseases, cancers and poisonings, or from fatal injuries following fires or explosions.The statement that handle chemicals following safety procedures and who perceived to have received an adequate training in the management of accidents and first aid The aim is to analyse the additional burden that workers and their families face from non-fatal injuries resulting in disability, debilitating chronic diseases, and other health sequela, that unfortunately in many cases remain invisible. All of these deaths, injuries and illnesses are entirely preventable.Moreover, with new chemicals introduced every year, mechanisms for regulating. The sample size is 208. The purpose of empirical research is to accurately portray the environment and toxic chemical risks. The convenient sampling method is used to collect samples. The findings represent a much needed analysis of recent trends and priorities when it comes to protecting the health and safety of workers from occupational chemical exposures.Rapid urbanization in Chennai has led to increased pollution levels, especially in industrial zones. Conclusion These hazards are amplified by other negative socioeconomic and health factors, including higher rates of chronic diseases, lack of access to healthy foods, substandard housing, and stress from racism, poverty, unemployment, and crime. The dispersion and concentration of pollutants in water and soil.

KEYWORDS:

Chemical industry, environment, hazardous, workers, health.

A STUDY ON EVIDENTIARY CHALLENGES IN ADDRESSING MARITAL RAPE

AUTHOR – REVANTH E, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS) CHENNAI 600077

BEST CITATION – REVANTH E, A STUDY ON EVIDENTIARY CHALLENGES IN ADDRESSING MARITAL RAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 314-327, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape known as spousal rape, is non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, of domestic violence, and of sexual abuse.Implementation of marital rape laws in our country would defineity increase the quality of life and reduce the cases of marital rape.Although the petition challenging the exception to IPC 375 is still being heard in the Delhi High Court, senior Supreme Court judges have argued that the right to say ‘no’ should be a right after marriage too. However there are certain factors that are to be considered like fake accusations of the spouse.The main objective of the study is to know whether the sample population considered forceful sex after marriage as still rape. The research has followed the empirical research method using a convenient sampling method. The sample size of the study is 240. The samples are taken from many parts of India through online and offline surveys.The results observed from the study is that the Millennials and Gen Z are the most aware about the issue marital rape and also insist in criminalizing marital rape.From the analysis majority of the society haven’t experienced marital rape and it has seen a downfall from previous decades or it can also be due to very less awareness and the lack of liberation  to speak about the injustice.Social issues are very delicate problems of society, utmost care and sensitivity provided will help us to find a solution for the problems. Successful societies are those that create conditions that lead to better health, well-being and resilience for individuals and communities.

KEYWORDS: Rape , Implied consent, Non consensual , Domestic voilence, Perpetrator

AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14

AUTHOR – AYUSHI SHREYA, BBA LLB(HONS.), SCHOOL OF LAW, BENNETT UNIVERSITY, GREATER NOIDA, UTTAR PRADESH

BEST CITATION – AYUSHI SHREYA, AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 872-879, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The paper discusses concerns of increasing algorithmic discrimination in the context of the constitutional body of India, with implications to Article 14 (Right to Equality). Although purportedly neutral, input data for AI decision systems often carry structural biases and, due to the limited accountability of their algorithms and processes, exacerbate their effects. The central research question is: How does algorithmic inequality violate constitutional guarantees of equality and non-discrimination under Article 14, and what jurisprudential reforms are necessary to ameliorate this gap?

The qualitative study works with doctrinal analysis of constitutional principles, case law on equality and discrimination, together with interdisciplinary insights from AI ethics and critical data studies. The key arguments are:

• Constitutional violation through bias in AI: Algorithmic discrimination undermines substantive equality by codifying historical prejudices (working through caste, gender, or socioeconomic bias in hiring, policing, or welfare systems).
• Opacity vs. Judicial Scrutiny: The fact that AI is a “black box” conflicts with Article 14’s requirement of non-arbitrariness and procedural fairness.
• Remedial Gaps: Current legal frameworks lack pertinent avenues to audit AI systems and to hold developers accountable for discriminatory outcomes.

The recommendations on algorithmic accountability include transparency requirements, bias-testing criteria, and a recognition by the courts of “algorithmic discrimination” as a separate constitutional wrong. The paper proposes for a rights-based AI governance system grounded upon India’s principles of egalitarian jurisprudence.

Keywords: Artificial Intelligence, Algorithmic Discrimination, Article 14, Constitutional Law, Bias, Equality, Jurisprudence.

URBANIZATION AND ENVIRONMENTAL CONCERN

AUTHOR – RAINCY* & DR BHAWNA ARORA**

* STUDENT AT UTTARANCHAL UNIVERSITY

** ASSOCIATE PROFESSOR AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

BEST CITATION – RAINCY & DR BHAWNA ARORA, URBANIZATION AND ENVIRONMENTAL CONCERN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 866-871, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Today, half of the world’s population lives in urban areas. By 2050, 70 percent of the population will be urban. India has been witnessing massive urbanization. Over the six decades since independence, India’s population grew three-fold from 350 million in 1947 to 1027 million in the year in 2001. During the same period, the urban population grew almost 4.6 fold as fast – from 62.4 million to 286 million (Census 2001). Thus, the Independent India has been urbanising very fast. The process of urbanization has been closely linked with pattern of economic development in the country. Although the process of urbanization in India could not be explained fully by the process of economic development, it is positively linked with the latter.¹

INDIA’S GREEN HYDROGEN: FEASIBILITY AND FUTURE

AUTHOR – PARTH SHARMA* & JAY SANVALIYA**

* ASSISTANT PROFESSOR OF LAW AT SSLG JNU, JAIPUR

** ASSISTANT PROFESSOR OF LAW AT PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH, INDORE

BEST CITATION – PARTH SHARMA & JAY SANVALIYA, INDIA’S GREEN HYDROGEN: FEASIBILITY AND FUTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 854-865, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

Hydrogen production involves utilizing a variety of feedstocks, both renewable and non- renewable, through diverse processes that yield varying levels of greenhouse gas emissions. ¹ The usage of traditional fossil fuels like oil for energy generation leads to a notable increase in greenhouse gas emissions. The combustion of these fuels releases substantial amounts of carbon dioxide and other greenhouse gases into the atmosphere, exacerbating atmospheric warming and impacting global temperatures. The issue of global warming is of paramount importance on the international stage, and India, representing approximately 36% of the global population, is actively engaged in efforts to mitigate its effects. The adverse ramifications of the climate crisis encompass elevated temperatures, ecological degradation, erratic rainfall patterns, and population displacement.² The primary challenge in curbing emissions within energy sectors arises from the heavy dependence on fossil fuels, which account for the majority of CO2 emissions across various sectors such as electricity generation, construction, heating, transportation, and industrial processes.³ The predominant hurdle in mitigating emissions within energy sectors stems from the extensive reliance on fossil fuels, which constitute the main source of CO2 emissions across diverse sectors including electricity generation, construction, heating, transportation, and industrial processes.⁴

FAMILY LAW IN INDIA: A CRITICAL STUDY

AUTHOR – IRA PAL* & MS. TANU AGARWAL**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – IRA PAL & MS. TANU AGARWAL, FAMILY LAW IN INDIA: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 845-8853, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The institution of family occupies a central place in the Indian social and legal framework. Family Law, which regulates matters such as marriage, divorce, maintenance, adoption, succession, guardianship, and surrogacy, plays a pivotal role in shaping relationships and individual rights within this unit. The Indian legal landscape is marked by legal pluralism, where personal laws governed by religious and customary practices coexist with secular legal principles laid down by the Constitution of India.

This research paper, titled “A Critical Study of Family Law in India: Judicial Trends, Gender Justice, and Emerging Issues”, aims to examine the evolution, development, and contemporary challenges of Family Law within the Indian context. The paper seeks to critically analyze how the principles of equality, gender justice, human dignity, and child welfare are reconciled with personal laws rooted in tradition and religion.

The study is motivated by the continuing debates around the codification of personal laws, gender bias in existing legal frameworks, the need for a Uniform Civil Code (UCC), and the lack of adequate legal recognition for new forms of family and relationships, such as live-in relationships and LGBTQ+ families. It also evaluates the impact of landmark judgments and recent legislative reforms, such as the Hindu Succession (Amendment) Act, 2005; the Muslim Women (Protection of Rights on Marriage) Act, 2019; the Surrogacy (Regulation) Act, 2021; and the Special Marriage Act, 1954.

Through its chapters, the research analyzes the feminist critique of personal laws and their impact on women’s rights in marriage, divorce, maintenance, and inheritance, and the application of the “best interest of the child” principle in guardianship and custody matters. It explores judicial recognition of live-in relationships and their legal implications, while also addressing the legal vacuum regarding LGBTQ+ family rights post-Navtej Singh Johar v. Union of India. The paper further considers the emerging legal framework on surrogacy and assisted reproductive technologies and assesses judicial activism in shaping a gender-just family law regime in India. It also draws comparative insights from reforms in family law in other jurisdictions.

Employing a doctrinal, analytical, and comparative methodology, this paper draws on judicial pronouncements, statutes, secondary literature, and international human rights instruments to provide a holistic understanding of Family Law. The study further examines the role of the Indian judiciary in interpreting personal laws in harmony with the constitutional guarantees of equality (Article 14), non-discrimination (Article 15), freedom of religion (Article 25), and the right to life and dignity (Article 21).

In conclusion, this research finds that while progressive trends are visible in judicial interpretations of family law, much work remains to harmonize personal laws with the Indian Constitution’s vision of justice, equality, and secularism. The paper offers recommendations for legal reforms that can make Indian family law more inclusive, gender-sensitive, and responsive to the needs of modern society.

Keywords: women, child, maintenance, inheritance, child custody, and welfare, gender justice, and gender equality

MORAL RIGHTS IN TATTOOS: REASSESSING THE CREATOR–SUBJECT DICHOTOMY IN COPYRIGHT LAW

AUTHOR –SHAKTI GARG, UNIVERSITY OF DELHI

BEST CITATION – SHAKTI GARG, MORAL RIGHTS IN TATTOOS: REASSESSING THE CREATOR–SUBJECT DICHOTOMY IN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 842-844, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the intersection of copyright law and body art by examining the legal status of moral rights in tattoos. Who owns the moral rights to a tattoo: the tattooist or the tattooed? This dilemma situates itself at the confluence of originality, creativity, authorship, and the material medium of expression. With evolving jurisprudence in intellectual property law, particularly in artistic works, this article analyses statutory provisions, domestic and international case laws, and scholarly commentary to dissect and address the rightful claimant of moral rights in tattoos.