Blog

Blog

NECROPHILIA AND THE BOUNDARIES OF HUMAN DIGNITY: A COMPARATIVE AND INTERNATIONAL LEGAL ANALYSIS OF THE CRIMINALIZATION OF SEXUAL ACTS WITH THE DEAD

AUTHOR – ADV. NILESH VITTHAL DAKE, ADVOCATE, P.E.S MODERN LAW COLLEGE, PUNE

BEST CITATION – ADV. NILESH VITTHAL DAKE, NECROPHILIA AND THE BOUNDARIES OF HUMAN DIGNITY: A COMPARATIVE AND INTERNATIONAL LEGAL ANALYSIS OF THE CRIMINALIZATION OF SEXUAL ACTS WITH THE DEAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 826-832, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Necrophilia, the act of engaging in sexual activity with a corpse, is a profound violation of human dignity. This article examines the absence of specific legal provisions addressing necrophilia in India under the Indian Penal Code (IPC), 1860, and the Bharatiya Nyaya Sanhita (BNS), 2023. Indian courts rely on inadequate provisions, such as IPC section 297 or BNS section 126, which address indignity to the dead but fail to capture the sexual nature of the offense. This gap undermines justice and the constitutional protection of dignity under Article 21. By comparing Indias approach with jurisdictions like the United Kingdom, United States, Canada, Germany, and South Africa, where explicit laws exist, the article highlights effective legal frameworks. It also explores international obligations under frameworks like the Geneva Conventions, 1949, which mandate respect for the deceased. The article proposes a new BNS provision to criminalize necrophilia, aligning India with global standards and constitutional values. Expanded to approximately 30 pages, this analysis reduces bullet points and numbering, focusing on narrative depth with detailed case studies and comparative insights.

Blog

INDIGENOUS PEOPLE IN NAXAL-AFFECTED AREAS OF CHHATTISGARH

AUTHOR – P.VEENA SWAMI, RESEARCH SCHOLAR AT GOVT. J. YOGANANDAM CHHATTISGARH COLLEGE

BEST CITATION – P.VEENA SWAMI, INDIGENOUS PEOPLE IN NAXAL-AFFECTED AREAS OF CHHATTISGARH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 822-825, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The phenomenon of Naxalism, also termed Left-Wing Extremism (LWE), has been one of the most enduring internal security challenges in post-independence India. Originating in 1967 in the village of Naxalbari, West Bengal, the movement initially espoused a radical ideology of armed struggle to overthrow the State and establish a revolutionary people’s government. Over the decades, Naxalism spread across several states, finding strongholds in regions characterized by deep socio-economic disparities and state neglect. Among these, the tribal-dominated districts of Chhattisgarh-particularly Bastar, Dantewada, Sukma, and Bijapur-have emerged as epicenters of violent conflict between Naxalite insurgents and the Indian State.

Blog

TAXATION OF AGRICULTURAL INCOME UNDER INDIAN LAW

AUTHOR – KAMALJOT KAUR, STUDENT AT LOVELY PROFESSIONAL UNIVERSITY

BEST CITATION – KAMALJOT KAUR, TAXATION OF AGRICULTURAL INCOME UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 817-821, APIS – 3920 – 0001 & ISSN – 2583-2344

Have you ever wondered why India frequently claims that agricultural income is “tax-free”? Are there unstated regulations and restrictions, or is it truly exempt from all taxes? Farmers, investors, landowners, and experts handling financial planning all need to grasp how agriculture fits into the tax system in a nation where it plays a significant role in the economy. This article will provide you with a clear and useful understanding of how agricultural INCOME is classified under the INCOME Tax Act, 1961. In this blog, we will dissect the idea of agricultural income under Indian INCOME tax law, 1961.

CONCEPT OF INCOME

The consistent flow of money that people or businesses receive on a daily, weekly, monthly, or annual basis is referred to as income. Both monetary wages and the worth of intangible benefits like allowances and perquisites are included. All types of income are liable to income tax unless they are expressly exempt.

Blog

ETHICAL ISSUES IN BALLISTICS AND EXPLOSIVE

AUTHOR – MONALISHA ARUMUGAM, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – MONALISHA ARUMUGAM, ETHICAL ISSUES IN BALLISTICS AND EXPLOSIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 805-816,  APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

         Forensic ballistics and explosive analysis have emerged as critical components of the Indian criminal justice system, particularly in the investigation of violent crimes, terrorism, and organized criminal activity. These disciplines aid in identifying firearms, matching bullets and cartridge cases, analysing explosive residues, and reconstructing crime scenes involving blasts. In India, the increasing reliance on forensic science has underscored the need for standardized methodologies, ethical accountability, and trained personnel across forensic laboratories. However, challenges persist, including inadequate infrastructure, delays in evidence processing, and instances of compromised objectivity. This paper examines the current practices, institutional frameworks, and ethical concerns in ballistic and explosive forensics in India, highlighting relevant case laws and policy gaps. It also discusses recommendations to enhance scientific rigor, transparency, and judicial trust in forensic evidence. The integration of advanced technology, judicial oversight, and adherence to ethical norms are crucial for ensuring the credibility and effectiveness of forensic investigations in India.

Keywords: Forensic ballistics; explosive analysis; ethical issues; forensic science in India; crime investigation; judicial evidence; forensic laboratories; criminal justice; chain of custody; expert witness testimony.

Blog

PATENT POOLING: APPROACH TO END PUBLIC HEALTH TROUBLE

AUTHOR – SNEHA SAHA, LEGAL PROFESSIONAL

BEST CITATION – SNEHA SAHA, PATENT POOLING: APPROACH TO END PUBLIC HEALTH TROUBLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 791-804, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Intellectual property rights regulate the rights of patent owners and regulate the right to develop inventions through the patent law. This contributes to the important parts of the pharmaceutical sector. Since this right protects the owner of the patent, the invention has a monopoly right, so it creates obstacles to a particular community. The patented system determined by the global administration motivates research and development to new drugs to ensure new medicines is brought in market. This is to strengthen the public health, but patent owners always receive monopoly rights which delayed in access and general purposes and create obstacles to the public’s essential medicine. The basic aspects of public right to health are very important, but access to major drugs is still a problem, just like countries with low and average income. The various international systems, including WTO, WIPO, WHO, TRIPS and also Doha Declaration, are based on medical availability and costs of medicine. The current patent law can harmonize public health management requirements with various innovative requirements, along with a method of restricting the implementation of patent law to right to health to some extent. Investigations and research on reliability and restrictions on existing laws such as compulsory licenses, patent pooling models are overcoming social demands and the introduction of patents generated by obstacles. The goal is to solve inequality on public health and medical approaches and also promote the rights of inventors simultaneously.

Keywords: model existing, pooling patent, health, public, licensing, diseases, pharmaceutical

Blog

BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),2023 PROCEDURES AND ANALYSIS OF CONSTITUTIONAL RIGHTS

AUTHOR – SOHAIR AHMED SHAIKH, STUDENT AT SHREE L.R. TIWARI COLLEGE OF LAW (AFFILIATED TO MUMBAI UNIVERSITY)

BEST CITATION – SOHAIR AHMED SHAIKH, BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),2023 PROCEDURES AND ANALYSIS OF CONSTITUTIONAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 786-790, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT: –

The “Bharatiya Nagarik Suraksha Sanhita (BNSS) ,2023” replaces the “Code of Criminal Procedure, (CrPC) 1973”. The plan’s stated goals include ensuring the timely consideration of cases, digitalizing legal proceedings, and improving the human rights’ protection. The study implies a comprehensive, multi-tiered analytical approach to compare the BNSS with its predecessor across several core dimensions of the criminal justice process. Primary areas of investigation encompass arrest procedures and safeguards against arbitrary detention, utilization of digital technology in criminal proceedings, time-bound trial mechanisms, forensic evidence collection protocols, and victim protection measures. The study looks at whether the BNSS respects constitutional values such as natural justice, proportionality and rule of law, or whether its procedures innovations risk interrupting and infringing fundamental rights. By assessing the law’s wording, intent, and practicality, this study seeks to establish whether BNSS would fulfil the constitutional promise of liberty and fairness in a modern democracy by enhancing access to justice. This research examines the constitutional ramifications of BNSS to determine if its provisions are compatible with Part III of the Constitution, particularly Articles 14, 19, 20, 21, and 22.

KEYWORDS: –Criminal Procedure Reform, Constitutional Rights, Comparative Legal Analysis, Judicial Accountability, Police Discretion, Legal Modernization, Access to Justice, Colonial Legacy in Law.

Blog

INTRODUCTION TO THE CONSTITUTION OF INDIA BY DR. DURGA DAS BASU: A CRITICAL ANALYSIS

AUTHOR – SOMYA SINGH, 5TH YEAR LAW STUDENT OF JAIPUR NATIONAL UNIVERSITY

BEST CITATION – SOMYA SINGH, INTRODUCTION TO THE CONSTITUTION OF INDIA BY DR. DURGA DAS BASU: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 783-785, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The present piece of review critically scrutinizes the nuance of the Introduction to the Constitution of India by Dr. D.D. Basu, which is a commendable book written in the field of the Constitution, serves as a foundational basis for academicians, students, scholars, and practitioners, either for competitive exams or for reference for their cases. The book provides a significant insight into the different arenas of the political structure of the government, philosophy, functioning of different organs, and their powers. It covers key areas such as the Preamble, Fundamental Rights, Directive Principles, Centre-State relations, emergency provisions, and the role of the judiciary, all backed by landmark precedents and a comprehensive and exhaustive explanation, which is easily understandable by everyone.

The review highlights the strengths of the book, including its clarity, systematic structure, case-based approach, and relevance to competitive examinations. At the same time, it points out limitations such as the lack of critical analysis and minimal engagement with interdisciplinary or comparative perspectives. But its strength has overshadowed all its negative aspects and made it an exceptional piece among all the textbooks. Lastly, it was an indispensable resource for understanding the Indian Constitution, its nuances, and different shades. The review affirms the relevance and application of the book in the legal field and education, and constitutional discourse in India.

Keywords: Constitution of India,  Grundnorm, Preamble, Fundamental Rights, Fundamental Duties, Directive Principles of State Policy, Federalism, Union Legislature, State Legislature,, Emergency Provisions, Amendment Procedures, Constitutional Bodies, Doctrine f Severability, Doctrine of Eclipse

Blog

MASS SURVEILLANCE IN INDIA: DEATH OF THE RIGHT TO PRIVACY

AUTHOR – AAYUSH & HARSHWARDHAN YADAV

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – AAYUSH & HARSHWARDHAN YADAV, MASS SURVEILLANCE IN INDIA: DEATH OF THE RIGHT TO PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 773-782, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India (2017) marked a constitutional milestone, embedding privacy within the ambit of Article 21. Yet, India’s growing surveillance infrastructure comprising programmes like the Central Monitoring System (CMS), NETRA, and NATGRID poses grave challenges to this right by enabling bulk interception of communications with limited transparency or oversight. The Digital Personal Data Protection Act, 2023 (DPDPA), heralded as India’s first comprehensive data protection framework, introduces principles of consent, purpose limitation, and fiduciary duties. However, its sweeping exemptions for the State risk legitimising mass surveillance rather than restraining it. This paper critically examines the constitutional trajectory of privacy rights, the statutory framework enabling surveillance, and the implications of the DPDPA. It argues that the Act, by consolidating executive discretion and bypassing proportionality safeguards laid down in Puttaswamy, erodes the balance between security and liberty. The chilling impact on free expression, association, and dissent underscores the democratic costs of unchecked monitoring. The study concludes by proposing reforms including independent oversight, judicial authorisation, and robust accountability mechanisms to ensure that surveillance in India aligns with principles of legality, necessity, and proportionality, consistent with international human rights standards.

Keywords: Mass surveillance; privacy; Digital Personal Data Protection Act 2023; constitutional law; Puttaswamy judgment; national security; proportionality; data protection; India; fundamental rights.

Blog

THE ATTRIBUTION CHALLENGE IN CYBER WARFARE AND INTERNATIONAL LAW

AUTHOR – AMAN KUMAR JHA, SUJAL CHHAJED & TANISHK BHAWSAR

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – AMAN KUMAR JHA, SUJAL CHHAJED & TANISHK BHAWSAR, THE ATTRIBUTION CHALLENGE IN CYBER WARFARE AND INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 763-772, APIS – 3920 – 0001 & ISSN – 2583-2344

abstract

The increasing frequency and sophistication of cyber operations directed against states has exposed a critical gap in international law, the problem of attribution. Unlike conventional armed attacks, cyber operations are often conducted through obfuscation techniques, proxy actors, and transnational infrastructures, making it exceedingly difficult to identify perpetrators with legal certainty. This paper examines the attribution challenge in the context of cyber warfare and its implications for state responsibility under international law. It begins by outlining the existing legal framework governing the use of force, sovereignty, and non-intervention, with particular attention to the U.N. Charter and the International Law Commission’s Draft Articles on State Responsibility. It then explores how these rules operate when applied to cyber operations, highlighting the unique technical and evidentiary barriers that complicate attribution. The paper further analyses landmark judicial decisions, including the ICJ’s Nicaragua case and relevant jurisprudence from international tribunals, to demonstrate how thresholds of “effective control” and “overall control” remain contested when transposed to cyberspace. The role of international initiatives such as the Tallinn Manual, U.N. GGE and OEWG reports, and state practice is critically assessed to evaluate the gradual evolution of norms. By engaging with case studies of cyber incidents such as the Stuxnet attack, WannaCry ransomware, and election interference campaigns, the paper illustrates the intersection of law, technology, and geopolitics in shaping attribution strategies. Ultimately, it advocates for a more nuanced approach to attribution that blends legal, technical, and policy considerations, and proposes potential pathways for developing clearer standards of state responsibility in cyberspace.

Keywords: Cyber Warfare, Attribution, State Responsibility, International Law

Blog

MATRIMONIAL RELEIFS UNDER HINDU MARRIAGE ACT, 1955

AUTHOR – P JANANI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW – THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – P JANANI, MATRIMONIAL RELEIFS UNDER HINDU MARRIAGE ACT, 1955, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 752-762, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

The most significant institution in human society is marriage. It is a common occurrence. The foundation of human civilization has come into the picture because of marriage. New social ties and reciprocal rights between spouses are created through marriage. When children are born, their rights and position are established. Marriage is considered a sacred institution in Indian society. It is the very foundation of a stable family and civilized society. It gives status and security to the parties and their offspring.

When two individuals are married to each other, they bring in different thoughts, opinions, different interests, and goals into their relationship. These interests, goals, and opinions will not be stable throughout their married life. At some point in time, the interests, thoughts, opinions, and goals of these two individuals do not match and they may become repulsive. All these small conflicts will grow to an extent where it may lead to disagreements among themselves which may finally lead to matrimonial disputes. The attitude of these two individuals towards each other, the disagreements among themselves may further lead to differences among each other and may also create hindrances in solving their disputes. These disputes not only occur because of the differences in their thoughts, opinions, and interests but it is a series of circumstances that will create high damage to their relationship.