INVISIBLE WORKERS, INVISIBLE RIGHTS: THE CASE FOR FORMAL LEGAL RECOGNITION OF DOMESTIC WORKERS IN INDIA

AUTHOR – MUTHURAMALINGAM T* & MRS.JISHA J S**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – MUTHURAMALINGAM T & MRS.JISHA J S, INVISIBLE WORKERS, INVISIBLE RIGHTS: THE CASE FOR FORMAL LEGAL RECOGNITION OF DOMESTIC WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 164-172, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Domestic workers constitute one of the largest and most economically precarious categories of labour in India, estimated to number between four and fifty million. Despite the essential nature of their services—encompassing cooking, childcare, elder care, sanitation, and household management—they remain systematically excluded from the principal protections of Indian central labour law. This article critically analyses the constitutional, statutory, and international dimensions of that exclusion. It demonstrates that the non-coverage of domestic workers under key legislation such as the Minimum Wages Act 1948, the Employees’ State Insurance Act 1948, and the four Labour Codes enacted between 2019 and 2020 cannot be reconciled with the constitutional guarantees of equality, dignity, and the prohibition of forced labour enshrined in Articles 14, 21, and 23 of the Constitution of India. Drawing on comparative analysis of legislative models from the Philippines, South Africa, Brazil, Uruguay, and the United Kingdom, the article proposes a model Domestic Workers (Protection, Welfare and Social Security) Act for India. It further argues that India’s failure to ratify ILO Convention No 189 places it in an internationally anomalous position. The article concludes that formal legal recognition of domestic workers is not merely a matter of policy preference but a constitutional and human rights imperative.

Keywords: domestic workers; labour law; India; ILO Convention 189; informal employment; gender; caste; social security; constitutional rights; legislative reform.

“BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY

AUTHOR – MADHURIMA DE & RUPREKHA CHATTERJEE

ASSISTANT PROFESSORS AT SHYAMBAZAR LAW COLLEGE

BEST CITATION – MADHURIMA DE & RUPREKHA CHATTERJEE, “BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 154-163, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I816

Abstract

“The power of the working class is the hope of the nation” —Van Jones.

Work enriches mind, will and emotions & leads to the ripeness of society. Without the right to work our vaunted political liberty becomes mockery. It is rightfully said by Danis Waitley that work is not just about making a living, it is about making a life. One who makes the life of a nation by their responsive work are need to be protected by the nation itself not for them but for the amelioration of mankind. It is the bit part of judiciary to palisade the workers. Indian Judiciary has made essay to shield them by implementing a set of laws to ensure fair wages, equitable condition of work, sickness benefits, disease or accidental compensations etc. The passing of laws like Employees Compensation Act 1923, Payment of Wages Act 1936, Factories Act 1948, Industrial Dispute Act 1947 have imparted redolent revamping because the informalization of work is the thrust of ongoing process of globalization. Guaranteeing an entitlement to work represents societal concern towards workers. The Judiciary has the authority to execute the requirements of the act and make sure the industry honour their commitments in securing worker’s rights as there is a category of persons in whom the right inheres and the other is of persons against whom rights be enforced and thus the relationship that enchains those entitled to the right to those obliged to enforce it is rarely absolute. This study highlights the rights that are strongly protected by the judiciary then attempts has been made to develop people’s understanding in what is right to work & how to exercise it. This study tries to unravel the paucities that are there in Indian system & how far the judiciary is booming to protect working sector in India. This study aims to establish a nexus between judiciary’s the success & failure.

Keywords: Worker’s rights, Industrial dispute, Wage, Globalization, Employees Compensation.

AN ANALYTICAL STUDY OF THE INTERPLAY BETWEEN THE PREVENTION OF MONEY LAUNDERING ACT (PMLA) AND THE PREVENTION OF CORRUPTION ACT (PCA) IN CURBING ECONOMIC CRIMES IN INDIA

AUTHOR – MANAVJIT SINGH KOCHHAR, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – MANAVJIT SINGH KOCHHAR, AN ANALYTICAL STUDY OF THE INTERPLAY BETWEEN THE PREVENTION OF MONEY LAUNDERING ACT (PMLA) AND THE PREVENTION OF CORRUPTION ACT (PCA) IN CURBING ECONOMIC CRIMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 108-153, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I815

ABSTRACT

Money laundering and corruption are intricately linked issues in India, posing significant challenges to the nation’s economic integrity and governance. Corruption acts as a facilitator for money laundering, enabling illicit funds to be integrated into the formal economy. High-profile cases involving public officials highlight how bribery and embezzlement create pathways for laundering activities, often involving complex financial transactions that obscure the origins of dirty money.

The Prevention of Money Laundering Act (PMLA) and various anti-corruption frameworks have been established to combat these issues. However, enforcement remains inconsistent, often hindered by political interference and bureaucratic inefficiencies. This dynamic perpetuates a cycle where corrupt practices breed more corruption, allowing laundered funds to flow back into corrupt systems, thereby underminingpublic trust andeconomic development.

Furthermore, the nexus between organized crime and corrupt officials exacerbates the situation, leading to a loss of government revenue and exacerbating socio -economic disparities. Addressing these intertwined challenges requires comprehensive reforms, improved transparency, and robust accountability mechanisms to disrupt the cycle of corruption and money laundering. By understanding this relationship, policymakers can develop targeted strategies to enhance governance and restore integrity within India’s financial systems.

DECEIT-BASED SEXUAL RELATIONS UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA AND THE LIMITS OF LEGISLATIVE INTERVENTION

AUTHOR – SHREYASH KASHYAP, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – SHREYASH KASHYAP, DECEIT-BASED SEXUAL RELATIONS UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA AND THE LIMITS OF LEGISLATIVE INTERVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 99-106, APIS – 3920 – 0001 & ISSN – 2583-2344.

1 Structure and Scope of Section 69

Section 69 of the Bharatiya Nyaya Sanhita, 202, represents a conscious legislative shift from judicially constructed interpretations toward a codified framework addressing deceit-based sexual relations. Unlike the earlier reliance on Section 375 of the Indian Penal Code, 1860, which subsumed such cases under rape through the doctrine of “misconception of fact,” Section 69 creates a distinct statutory offence that specifically targets sexual intercourse obtained through deception, while explicitly clarifying that such conduct does not amount to rape. At a structural level, Section 69 is designed around the concept of fraudulent inducement of consent, thereby marking a doctrinal departure from coercion-based sexual offences. The provision criminalises sexual intercourse where consent is obtained by employing deceitful means, which, as clarified in the Explanation clause, includes false promises of marriage, employment, promotion, or concealment of identity. This expanded formulation reflects legislative intent to capture a broader spectrum of manipulative conduct that may not involve physical force but nevertheless undermines the autonomy of the consenting party.

CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF STRUCTURAL CHALLENGES AND SUSTAINABLE SOLUTIONS

AUTHOR – JOMLO LEGO, PH.D. RESEARCH SCHOLAR AT DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR

BEST CITATION – JOMLO LEGO,CRIMINAL JUSTICE REFORM: A CRIMINOLOGICAL ANALYSIS OF STRUCTURAL CHALLENGES AND SUSTAINABLE SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 91-98, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The criminal justice system remains a cornerstone of societal order, yet it faces persistent structural and functional challenges across jurisdictions. This paper provides a comprehensive criminological analysis of these issues, focusing on judicial delays, prison overcrowding, systemic inequality, and inadequate rehabilitation mechanisms. By applying classical, positivist, conflict, and restorative justice theories, the study examines the root causes of inefficiencies within the system. Comparative insights from progressive justice models highlight the effectiveness of reform-oriented approaches. The paper proposes a multi-dimensional reform framework incorporating legal restructuring, technological innovation, restorative justice practices, and community participation. It argues that sustainable reform requires a paradigm shift from punitive justice to rehabilitative and restorative models, ensuring both accountability and reintegration.

Keywords: Criminal Justice Reform, Criminology, Restorative Justice, Judicia, Prison

THE PUBLIC TRUST DOCTRINE IN INDIAN ENVIRONMENTAL JURISPRUDENCE: EVOLUTION, INTEGRATION & CRITICAL ANALYSIS

AUTHOR – SRISHTI YADAV, ASIAN LAW COLLEGE

BEST CITATION – SRISHTI YADAV,THE PUBLIC TRUST DOCTRINE IN INDIAN ENVIRONMENTAL JURISPRUDENCE: EVOLUTION, INTEGRATION & CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 84-90, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Public Trust Doctrine has fundamentally reshaped environmental jurisprudence in India by shifting the state’s role from being an absolute owner to a fiduciary steward of natural resources which are reserved for the collective benefit of the public. The doctrine was formally integrated into India’s legal system by originating from ancient Roman concepts of res communes and refined in English common law. This paper helps in understanding the doctrine’s evolution, highlighting its constitutionalisation through Article 21. The scope of the public trust doctrine has been expanded gradually from protecting parks in urban areas to artificial waterbodies via several landmark cases.

However, despite its success, this doctrine faces scholarly criticism regarding its lack of predictability and potential for judicial overreach. This study thoroughly provides a critical analysis of these challenges faced, arguing for clear integration of stewardship principles into administrative policy to safeguard equity.

Keywords: Public trust doctrine, Article 21, Stewardship

CAPITAL GAINS AND BUSINESS INCOME IN SHARE TRANSACTIONS: A JUDICIAL AND STATUTORY ANALYSIS

A DOCTRINAL EXAMINATION OF THE SECTION 28 — SECTION 45 DICHOTOMY UNDER THE INCOME TAX ACT, 1961

AUTHOR – SANKALP PATIDAR, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY PUNE LAVASA

BEST CITATION – SANKALP PATIDAR,CAPITAL GAINS AND BUSINESS INCOME IN SHARE TRANSACTIONS: A JUDICIAL AND STATUTORY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 76-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The classification of income arising from transactions in shares and securities as either “Capital Gains” under Section 45 of the Income Tax Act, 1961, or as “Profits and Gains of Business or Profession” under Section 28 of that Act remains, more than six decades after the enactment of the principal statute, the most enduring controversy in Indian direct tax jurisprudence. The dichotomy is not a sterile taxonomic exercise; it determines the rate of tax, the eligibility for concessional regimes under Sections 111A and 112A, the applicability of the speculation rules under Section 43(5) and the deeming provision of Explanation to Section 73, the manner of set-off and carry forward of losses under Sections 70 and 74, and the very ambit of an assessee’s compliance burden under Sections 44AA and 44AB. The proliferation of retail participation in Indian capital markets, the emergence of derivative trading at unprecedented volumes, the popularisation of portfolio management services, and the rise of algorithmic intra-day trading have transformed a once-recondite question into a matter of mass concern.

This paper undertakes a doctrinal and comparative examination of the regime. It traces the conceptual origins of the capital-revenue distinction to English common law and the badges of trade articulated by the Royal Commission of 1955, locates the Indian statutory architecture within its constitutional moorings, and analyses through the IRAC framework the line of Supreme Court authority extending from G. Venkataswami Naidu (1959) to Snowtex Investment (2019). It evaluates the multi-factor judicial test, the consolidation effected by CBDT Circulars Nos 4/2007 and 6/2016, and the persistent inconsistencies that survive them. Drawing upon comparative material from the United Kingdom, the United States, Australia and Singapore, the author argues that the Indian regime has reached the limits of judicial elaboration and that further coherence can be achieved only through legislative intervention. The paper concludes by proposing a statutory safe-harbour, a holding-period-based presumptive classification, a binding consistency rule with statutory force, and an elective mark-to-market mechanism for self-identified traders.

NARCOTICS TRAFFICKING UNDER NDPS ACT, 1985

AUTHOR – J TARA BEGUM* & R. KALAISELVI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – J TARA BEGUM & R. KALAISELVI, NARCOTICS TRAFFICKING UNDER NDPS ACT, 1985, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 73-75, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I810

ABSTRACT

Narcotics trafficking has emerged as one of the most serious forms of organized crime in the modern world, posing a significant threat to public health, social stability, economic development, and national security. In India, the growing menace of drug abuse and illicit trafficking led to the enactment of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which provides a comprehensive legal framework to regulate and control narcotic substances. This research article examines the nature, scope, and effectiveness of the NDPS Act in combating drug trafficking. It analyses the stringent provisions of the Act, including punishment based on quantity, reverse burden of proof, and restrictive bail conditions. The article also evaluates procedural safeguards and highlights the critical role played by the judiciary in ensuring fairness and protection of fundamental rights. Further, it discusses major challenges such as over-criminalization, lack of distinction between traffickers and minor offenders, delays in trials, and misuse of provisions. The study emphasizes the need for a balanced socio-legal approach that integrates strict enforcement with rehabilitation, awareness, and reformative justice. The article concludes that while the NDPS Act is a powerful tool against drug-related crimes, necessary reforms are required to ensure justice, proportionality, and effectiveness in its implementation.

LEGAL FRAMEWORK OF PLATFORM WORKERS: A CRITICAL ANALYSIS

AUTHOR – VISHWANARAYANAN.R* & R.KALAISELVI**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – VISHWANARAYANAN.R & R.KALAISELVI,LEGAL FRAMEWORK OF PLATFORM WORKERS: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 69-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The expansion of the digital economy has significantly transformed traditional employment structures, giving rise to platform-based work, commonly referred to as gig work. Platform workers are individuals who provide services through digital intermediaries such as ride-hailing, food delivery, and freelance platforms. Companies like Uber, Swiggy, and Zomato have created flexible work opportunities, enabling individuals to earn income without being bound by conventional employer-employee relationships.

However, this transformation has introduced complex legal challenges. Platform workers are generally classified as independent contractors rather than employees, thereby excluding them from essential labour protections such as minimum wages, job security, and social security benefits. This classification creates ambiguity regarding their rights and obligations. The absence of a comprehensive legal framework has resulted in precarious working conditions for many gig workers.

In India, the enactment of the Code on Social Security, 2020 represents a significant step toward recognizing gig and platform workers. Nevertheless, the law falls short of granting them full employment status, leaving gaps in protection. This article critically examines the legal framework governing platform workers, identifies key challenges, and analyses judicial developments in this evolving field.

ADEQUACY OF INDIAN CYBER LAWS IN TACKLING DEEPFAKE CRIMES: A CRITICAL LEGAL ANALYSIS

AUTHOR – DHANALAKSHMI R* & AJAY KRISHNA. S.P**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – DHANALAKSHMI R & AJAY KRISHNA. S.P, ADEQUACY OF INDIAN CYBER LAWS IN TACKLING DEEPFAKE CRIMES: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 57-68, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid evolution of Generative Artificial Intelligence has given rise to deepfakes—highly sophisticated synthetic media that can convincingly manipulate audio, video, and images to replicate real individuals with alarming realism. In India, deepfake technology has been weaponised for non-consensual pornography, financial fraud through voice cloning, electoral manipulation, and targeted harassment, generating urgent demands for legal intervention. This article critically evaluates the adequacy of Indian cyber law in addressing deepfake-related offences. Employing a doctrinal methodology, it analyses the Information Technology Act 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 and the Information Technology Amendment Rules 2026, the Bharatiya Nyaya Sanhita 2023, and the Digital Personal Data Protection Act 2023, situating these instruments within the constitutional framework of Articles 19(1)(a) and 21. The article identifies a critical ‘detection-regulation gap,’ wherein the law mandates rapid removal of harmful synthetic content without corresponding advancements in forensic detection capabilities, creating risks of over-censorship and disproportionate compliance burdens on smaller intermediaries. It further examines the evidentiary challenges inherent in establishing malicious intent and authenticating deepfake content under criminal law, and the incomplete criminological coverage of traditional offence categories—defamation, forgery, and impersonation—when applied to AI-generated synthetic media. Through comparative analysis with the European Union Artificial Intelligence Act, the article argues that India’s framework remains predominantly reactive, addressing post-publication harm rather than pre-emptively regulating deepfake-enabling AI technologies. It concludes by proposing a multi-layered reform agenda: a dedicated Deepfake and Artificial Intelligence Regulation Act, adoption of a risk-based classification framework, establishment of a centralized AI Regulatory Authority, mandatory watermarking and content provenance standards, and a national deepfake forensic infrastructure.

Keywords: Deepfakes, synthetic media, Information Technology Act 2000, IT Amendment Rules 2026, Synthetically Generated Information, Bharatiya Nyaya Sanhita 2023, Digital Personal Data Protection Act 2023, EU AI Act, detection-regulation gap, intermediary liability, Article 21, cyber law India