SUSTAINABLE DEVELOPMENT GOALS 13 – CLIMATE ACTION

AUTHOR – YASH PRAJAPATI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – YASH PRAJAPATI, SUSTAINABLE DEVELOPMENT GOALS 13 – CLIMATE ACTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 260-268, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

The escalating climate crisis has placed Sustainable Development Goal 13 (Climate Action) at the forefront of international and domestic legal agendas. This article critically examines the effectiveness of existing legal frameworks in facilitating the achievement of SDG 13, with a special focus on India. It explores the evolution of climate-related jurisprudence, including landmark cases such as M.C. Mehta v. Union of India, and evaluates the role of statutory mechanisms like the Environment (Protection) Act, 1986 and the National Action Plan on Climate Change (NAPCC) 2008. The analysis highlights significant gaps in current laws, including the absence of a dedicated climate change statute, limited enforcement mechanisms, and the need for stronger constitutional recognition of environmental rights. Drawing from international best practices and domestic realities, the article proposes comprehensive reforms, including the enactment of a Climate Change Act, establishment of an independent Climate Commission, strengthening the environmental rule of law, and alignment with global climate commitments. Ultimately, it argues that legal systems must transition from merely regulating environmental harm to proactively securing a sustainable future, ensuring that climate action is not aspirational but enforceable. The article offers a roadmap for legal transformation to meet the urgent demands of climate governance and fulfill the vision of SDG 13.

ANTI-UNTOUCHABILITY LAW IN RURAL INDIA: SOCIAL IMPACT AND STRATEGIES FOR FURTHER REFORM

AUTHOR – BHARTIA PRATIBHA INDRAPAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – BHARTIA PRATIBHA INDRAPAL, ANTI-UNTOUCHABILITY LAW IN RURAL INDIA: SOCIAL IMPACT AND STRATEGIES FOR FURTHER REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 247-259, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

One major stride towards the abolition of caste-based discrimination was the Anti-Untouchability Law, which was enacted under the Untouchability Offences Act (1955). The law aimed to eliminate untouchability practices and promote equality, which was inspired by Dr. B.R. Ambedkar, the chief author of the Indian Constitution and a passionate advocate for Dalit rights. However, due to deep-rooted caste stereotypes, untouchability still prevails, especially in rural areas.

There were four major groups in Indian society, which included Brahmins, Kshatriyas, Vaishyas, and Shudras. The Shudras were considered “untouchables,” and they were the lowest group. These people were subjected to strict political, religious, social, and economic restrictions. Since they were considered polluting to the upper castes, they were often assigned “impure” jobs such as manual labour and rubbish disposal.

They were excluded from access to community gatherings, public water supplies, and temples. Millions were deeply affected by such a system of caste-based social separation. This system of untouchability is, to this day, a serious problem in rural India despite constitutional prohibitions.

The weak enforcement of laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Protection of Civil Rights Act, 1955, continues to hinder progress in the fight against caste violence and untouchability.

This would mean the education of all children, including the children from the upper-caste family. The environment and family values of children make a huge difference in their lives, especially if they are born and brought up in rural settings. Education of respect, equality, and the destructive power of discrimination would help us to build an egalitarian society that would, in turn, assist future generations to reject the prejudice of caste-based discrimination. Such education can remove outmoded ideas and usher in societal progress.

The ongoing practice of untouchability in rural India will be examined in this research paper, along with its causes, effects, and necessary measures to eradicate it.

SOCIAL MEDIA DATA MINING: ETHICAL AND LEGAL CONCERN

AUTHOR – AMAN KUMAR MISHRA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – AMAN KUMAR MISHRA, SOCIAL MEDIA DATA MINING: ETHICAL AND LEGAL CONCERN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 236-246, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

This paper provides a critical analysis of the ethical and legal aspects of social media data mining, with a particular emphasis on the legal context in India. It utilizes global case law, ethical theories, statutory frameworks, and judicial interpretations to highlight the shortcomings in existing regulations and to suggest a rights-based regulatory framework that is prepared for the future. The analysis seeks to align global best practices with the realities in India, ultimately aiming to deliver actionable policy recommendations and encourage informed legal reform.

WHEN SPACE DEBRIS FALLS: LEGAL GAPS AT SEA

AUTHOR – PRIYANKA ELENGO CHETTIAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – PRIYANKA ELENGO CHETTIAR, WHEN SPACE DEBRIS FALLS: LEGAL GAPS AT SEA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 229-235, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract:

The increasing number of activities in outer space, alongside the rising threat of space debris, presents significant challenges within international law, particularly concerning incidents that occur at sea. As states and private entities engage in satellite launches and space exploration, the risk of space debris impacting maritime vessels and ecosystems intensifies. Existing legal frameworks, including the Outer Space Treaty and the United Nations Convention on the Law of the Sea (UNCLOS), are often fragmented and inadequately equipped to address these cross-domain incidents. This paper critically examines the discrepancies between space law and maritime law, particularly regarding liability for damages. It highlights the inconsistencies in legal principles, which complicate the pursuit of justice for affected parties and undermine state accountability. To address these challenges, the paper proposes necessary legal reforms aimed at harmonizing space and maritime laws, advocating for the establishment of a cohesive regulatory regime. Such a framework would provide clear guidelines for liability, compensation mechanisms, and protocols for mitigating risks associated with space debris. By fostering international cooperation and dialogue among stakeholders, this research aims to bridge existing gaps and enhance the protection of both celestial and maritime domains in an increasingly interconnected world. Ultimately, it argues for a comprehensive legal approach that reflects the complexities of emerging hybrid threats, ensuring sustainable governance of outer space and ocean resources.

REFORMING MARITAL RAPE LAWS IN INDIA

AUTHOR – TANIA DSOUZA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – TANIA DSOUZA, REFORMING MARITAL RAPE LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 224-228, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

Abstract

In India, the institution of marriage has long been rooted in religious and patriarchal traditions, often placing women in subservient roles that prioritize domesticity and obedience. This cultural framework, reinforced by legal doctrines inherited from colonial jurisprudence, continues to shield perpetrators of marital rape which exempts husbands from prosecution for non-consensual sex with their wives. This legal exception, grounded in outdated notions of implied consent within marriage, denies married women the protection and autonomy afforded to others under rape laws, perpetuating cycles of abuse, silence, and systemic inequality. Despite global human rights obligations and landmark constitutional judgments emphasizing dignity, privacy, and consent, India has resisted criminalizing marital rape—citing concerns of false accusations and threats to the sanctity of marriage. This paper explores the socio-cultural, legal, and constitutional implications of the marital rape exception, drawing on comparative legal frameworks from the United Kingdom, United States, Canada, and South Africa. These jurisdictions demonstrate that recognizing marital rape as a crime strengthens, rather than undermines, the institution of marriage by embedding consent and mutual respect as its foundation. The paper ultimately argues that India stands at a legal and ethical crossroads and must choose between perpetuating patriarchal silence or advancing justice for all its citizens, regardless of marital status.

BLEEDING BOUNDARIES : RELIGION , RIGHTS AND RESTRICTIONS

AUTHOR – SPRUHA PATIL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SPRUHA PATIL, BLEEDING BOUNDARIES : RELIGION , RIGHTS AND RESTRICTIONS, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 217-223, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

The article “Bleeding Boundaries: Religion, Rights & Restrictions” examines the constitutional legality and socio-legal consequences of limiting the access of menstruating women to places of worship in India. The study uses an empirical method to evaluate public opinion and lived experiences connected to this topic by surveying people aged 15 to 50 from various socio-economic, religious, and educational backgrounds. The research explores the intersection of traditional beliefs, cultural norms, and religious interpretations with the basic rights guaranteed by the Indian Constitution, especially those found in Articles 14, 15, 21, and 25.

This study’s main goal is to determine whether the prohibition on temple entry during menstruation constitutes a type of gender-based discrimination that infringes upon the rights to equality, dignity, and religious freedom. The empirical data gathered shows significant differences in opinion based on generation and gender. Older respondents and some religious groups see the restriction as a question of faith and purity, but younger respondents and women largely see it as discriminatory and antiquated.

This article examines the legal conflict between individual rights and collective religious practices through doctrinal analysis and case studies, such as important judicial precedents like Indian Young Lawyers Association v. State of Kerala. The study also emphasizes the social repercussions of this exclusion, such as internalized shame, secrecy surrounding menstruation, and the marginalization of women in religious environments.

The paper concludes by advocating a constitutional reading that weighs religious freedom against the changing norms of human dignity, gender justice, and bodily autonomy. It demands legislative changes, education initiatives, and inclusive policy actions that support the rights of all people to equal involvement in religious life and confront menstrual taboos. The paper aims to provide a grounded and nuanced viewpoint to the continuing discussion on gender, religion, and the Constitution by combining empirical evidence with legal reasoning.

SAFEGUARDING THE GENOME: HARMONIZING PRIVACY AND PROGRESS IN INDIA’S STRUGGLE AGAINST GENETIC DISCRIMINATION

AUTHOR – KRISHNACHANDRA NAIR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – KRISHNACHANDRA NAIR, SAFEGUARDING THE GENOME: HARMONIZING PRIVACY AND PROGRESS IN INDIA’S STRUGGLE AGAINST GENETIC DISCRIMINATION, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 207-216, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

Genetic testing opens up amazing chances for spotting diseases early and tailoring healthcare, but it also brings real risks when personal genetic info is misused. Discrimination based on genetic data can lead to missed job opportunities, higher insurance premiums, and social stigma, which threatens individual rights and public trust. This article looks at India’s messy legal framework—rooted in broad constitutional promises of equality and privacy, along with various scattered laws and guidelines—and compares it to more coherent international models like the U.S. Genetic Information Nondiscrimination Act (GINA), HIPAA, and the EU’s GDPR. By doing a critical side-by-side analysis, it highlights key shortcomings in India’s strategy, such as the lack of a specific anti-discrimination law, weak ethical codes, and enforcement issues. In the end, the article suggests a practical reform plan: creating a standalone Genetic Non-Discrimination Act, updating data-protection laws to treat genetic data as extra sensitive, setting up an independent Genetic Data Regulatory Authority, and rolling out focused awareness and training programs. These steps aim to strike a good balance between privacy and progress, ensuring that India can embrace genetic advancements responsibly while respecting individual dignity and fairness.

Keywords: Genetic Discrimination; Privacy Law; India; Employment and Insurance; Legal Reform

MISUSE OF WOMEN PROTECTION LAWS AGAINST MEN IN INDIA: AN ANALYSIS OF CAUSES, CONSEQUENCES, AND REMEDIES

AUTHOR – MANSI SINGH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – MANSI SINGH, MISUSE OF WOMEN PROTECTION LAWS AGAINST MEN IN INDIA: AN ANALYSIS OF CAUSES, CONSEQUENCES, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 201-206, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

The enactment of women protection laws in India marked a significant milestone in combating gender-based violence and systemic discrimination. However, recent legal, social, and empirical studies have revealed growing concerns regarding the misuse of these protective statutes against men. This article explores the causes, consequences, and potential remedies concerning the exploitation of key legislations, including Section 498A of the Indian Penal Code, 1860 ^[1](now Section 85 of the Bharatiya Nyaya Sanhita, 2023^[2]), the Protection of Women from Domestic Violence Act, 2005^[3], and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013^[4]. It examines landmark judicial decisions acknowledging misuse, analyses the psychological, social, and economic impacts on falsely accused men, and evaluates current socio-legal frameworks. Through a critical assessment of national crime data, existing literature, and judicial interventions, the article identifies recurring patterns of false accusations and their devastating consequences. Moreover, the study proposes comprehensive legal reforms such as mandatory preliminary inquiries, penal provisions against false complaints, the establishment of Family Welfare Committees, and the adoption of gender-neutral statutes. This article argues for a balanced legal approach that preserves the core objective of protecting genuine victims while instituting safeguards to prevent the misuse of laws. A recalibrated system that guarantees fairness to all genders is essential for upholding the constitutional principles of equality and justice.

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[1] The Indian Penal Code, 1860 (Second Amendment Act of 1983), s. 498A.

[2] Bharatiya Nyaya Sanhita, 2023, s. 85.

[3] The Protection of Women from Domestic Violence Act, 2005.

[4] Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS

AUTHOR – S.KIRUTHIGA DEVI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S.KIRUTHIGA DEVI, A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 303-309, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

In ancient India, transgender individuals were recognized as “Hijras” and also referred to as the Third gender and held a respected position in the society even sacred texts like the Ramayana and Mahabharata acknowledged and honored them. The respect for transgender individuals has drastically declined over time, particularly in matters of property rights. Nowadays, Many transgender individuals are abandoned and left vulnerable, often becoming “homeless”. This puts them in a critical situation where they face insults and discrimination. Inheritance laws, predominantly shaped by personal laws, frequently overlook transgender rights or outright deny them the entitlement to ancestral property. The personal laws classify individuals strictly as either male or female as a result, transgender individuals must align themselves with one of these categories to be recognized under inheritance laws. Beyond excluding transgender individuals from inheritance laws, the broader property rights framework presents significant challenges. Identifying legal successors is often difficult, as transgender individuals may lack proper documentation, face barriers to marriage, or struggle to prove adoption. These challenges create legal hurdles and undermine their inheritance rights by denying them the protections typically granted to other citizens. The Hindu Succession Act, which governs inheritance for Hindus, Jains, Sikhs, and Buddhists, lacks explicit recognition of transgender individuals, potentially leading to complexities in inheritance disputes. NALSA vs. Union of India^[1] considered to be a pivotal case conferred legal recognition upon transgender individuals as a third gender, affirming their rights to property ownership and inheritance. However, persistent social stigma restricts their practical access to these entitlements. Strengthening transgender inheritance rights through clear legal frameworks and ensuring equitable access to housing and land ownership are essential legislative steps toward fostering an inclusive society and upholding respect for transgender individuals. This research paper explores the historical evolution of transgender rights, focusing on property ownership, inheritance, and legal recognition.

Key Words:  Transgender, ownership, inheritance, property rights, social stigma, legal      Recognition

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[1] AIR 2014 SC 1863

BALANCING PUBLIC PURPOSE AND PRIVATE PROPERTY: A LEGAL AND POLICY ANALYSIS OF PROPERTY OWNERS ASSOCIATION V. STATE OF MAHARASHTRA

AUTHOR – S.KIRUTHIGA DEVI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S.KIRUTHIGA DEVI, BALANCING PUBLIC PURPOSE AND PRIVATE PROPERTY: A LEGAL AND POLICY ANALYSIS OF PROPERTY OWNERS ASSOCIATION V. STATE OF MAHARASHTRA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 297-302, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The conflict between individual rights to private property and the State’s authority to regulate land for public purposes remains a critical concern in Indian constitutional and property law. This paper examines the legal and policy dynamics between Property Owners’ Associations and the State of Maharashtra, with a focus on regulatory takings, development control rules, and urban planning frameworks. Concerning landmark judgments and statutory interpretations, the paper highlights the growing tensions in balancing the collective public good and constitutional guarantees under Article 300A. The intersection of private property rights and the state’s power of eminent domain has long been a contentious issue in Indian constitutional law. The case of Property Owners Association v. State of Maharashtra brings this conflict into sharp focus, offering a lens through which to examine the constitutional, legal, and policy dimensions of land acquisition for public purposes. This paper critically evaluates the background, legal arguments, judicial reasoning, and broader implications of the case. It also considers the balance between individual rights and collective welfare in the context of urban development and infrastructure expansion. By engaging with comparative jurisprudence, analyzing legal doctrines, and considering practical policy implications, this research aims to provide a nuanced understanding of the tension between public interest and private ownership.

Keywords: Eminent domain, public purpose, private property, constitutional law, urban development, land acquisition, Maharashtra