ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS

AUTHOR – PAVITHRA S* & DR.P.BRINDA**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR, AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – PAVITHRA S & DR.P.BRINDA, ROLE OF CONSTITUTIONAL COURTS IN PROTECTING WOMEN’S PROPERTY RIGHTS IN INDIA: A CASE STUDY OF LANDMARK JUDGMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 291-296, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

               The protection and promotion of women’s property rights in India have undergone a significant transformation through judicial interpretation and constitutional advocacy. This study examines the pivotal role played by the Constitutional Courts particularly the Supreme Court and various High Courts, in safeguarding and advancing women’s rights to property under the Indian legal framework. Drawing landmark judgments of Supreme courts and various High Courts, this paper explores how judicial pronouncements have progressively interpreted provisions of the Constitution and personal laws to ensure gender justice. The analysis highlights the interplay between constitutional mandates of equality and non-discrimination (Articles 14, 15, and 21 of Indian Constitution) and the evolving jurisprudence on property rights, especially in the Hindu Succession law and other customary laws. By focusing on case studies, the research demonstrates how constitutional courts have not only rectified historical injustices but also established precedents that strengthen women’s legal and social standing in matters of inheritance and ownership. The paper concludes by reflecting on the continuing challenges and the need for judicial vigilance to uphold and expand women’s property rights in India.

KEYWORDS – Women’s property rights, Constitutional Courts, Supreme Courts, High Courts, Gender Justice, Equality, Non-discrimination, Hindu Succession, Judicial Vigilance.

SPACE DEBRIS AND MANAGEMENT: A LEGAL STUDY WITH SPECIAL HEED TO DEBRIS MITIGATION

AUTHOR – NAVIT VERMA* & DR. BHAWNA ARORA**

* BBA-LLB (HONS.), 5^TH YEAR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY,  DEHRADUN,  UTTARAKHAND, INDIA.

**ASSOCIATE PROFESSOR (LAW), LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA.

BEST CITATION – NAVIT VERMA & DR. BHAWNA ARORA, SPACE DEBRIS AND MANAGEMENT: A LEGAL STUDY WITH SPECIAL HEED TO DEBRIS MITIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 282-290, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Space debris, conforming of defunct satellites, spent rocket stages, and fractions from collisions or decomposition, has become a growing concern for space operations. As the number of space operations increases, so does the number of debris in Earth’s route, raising the threat of inter-collisions that could peril both the being and unborn space conditioning. This article intends to explore the origins, current status, and implicit hazards associated with space debris, emphasizing the critical need for effective operation strategies. From enlisting the various cornerstone and fundamental framework and the articles within it examines both preventative and remedial approaches, including bettered satellite design, compliance with end- of- life disposal guidelines, and the development of active debris junking technologies.  Space Debris Mitigation is a crucial and regenerating part of the issue. The article also pays heed on the part of trans-national collaboration and non-supervisor sweats in addressing this global issue. By assessing current challenges and arising results, the study underscores the significance of timely and coordinated action to insure the long- term sustainability of external and outer space. The article also focuses on the future and upcoming trends in the field of debris management. Managing space debris isn’t only a specialized imperative but also a strategic and ethical responsibility participated by all spacefaring nations and associations including the private entities.

Keywords: Space Debris, Inter-Collisions, Space Conditioning, Cornerstone & Fundamental Framework, Preventive & Remedial Approaches, Active Debris Junking, Space Debris Mitigation, Trans-National collaboration, Ethical Responsibility, Space Faring Nations.

MERGERS AND ACQUISITIONS IN THE INDIAN TECHNOLOGY SECTOR: REGULATORY ISSUES AND CHALLENGES

AUTHOR – ARYAN CHATURVEDI, AMITY LAW SCHOOL NOIDA

BEST CITATION – ARYAN CHATURVEDI, MERGERS AND ACQUISITIONS IN THE INDIAN TECHNOLOGY SECTOR: REGULATORY ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 271-281, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian technology sector has emerged as a key driver of economic growth and innovation, attracting significant investment and strategic interest both domestically and globally. In this context, mergers and acquisitions (M&A) have become instrumental in reshaping the competitive landscape, enabling firms to scale operations, access new markets, and enhance technological capabilities. However, the regulatory environment governing M&A activity in India presents a complex array of challenges. This dissertation critically examines the legal, procedural, and policy-related dimensions of M&A in the Indian technology sector. It analyzes the role of key regulatory bodies such as the Competition Commission of India (CCI), the Securities and Exchange Board of India (SEBI), and the Reserve Bank of India (RBI), alongside sector-specific considerations under the Companies Act, 2013 and the Foreign Exchange Management Act (FEMA), 1999. The study further explores emerging concerns around data privacy, cross-border transactions, and antitrust scrutiny in the digital economy. Through case law analysis, industry data, and comparative insights, the research identifies existing gaps and ambiguities in the regulatory framework, proposing recommendations to ensure a more efficient, transparent, and innovation-friendly M&A regime in India’s rapidly evolving technology ecosystem.

THE COMMERCIALIZATION OF SURROGACY IN INDIA: A LEGAL AND ETHICAL CRITIQUE

AUTHOR – RAJAREEGA ACHARIAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – RAJAREEGA ACHARIAN, THE COMMERCIALIZATION OF SURROGACY IN INDIA: A LEGAL AND ETHICAL CRITIQUE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 198-200, 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).

I. Introduction

Surrogacy, a method of assisted reproduction, has evolved into a contentious socio-legal issue in India. Initially practiced informally, India emerged as a global hub for commercial surrogacy, attracting commissioning parents from across the world. This proliferation raised significant concerns about the ethical and legal implications of treating reproduction as a market commodity. With India’s lack of regulation, surrogate mothers were often poor women coerced into renting their wombs under exploitative conditions. The enactment of the Surrogacy (Regulation) Act, 2021, aims to curb such commercialization by promoting altruistic surrogacy. However, critiques persist regarding its implementation, oversight, and ethical consistency.

Hypothesis:

Despite regulatory measures, surrogacy in India perpetuates commercialization and commodification of women’s reproductive abilities, leading to ethical and legal violations.

WATER PREVENTION ACT

AUTHOR – NOMAN MUKHTAR KHAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – NOMAN MUKHTAR KHAN, WATER PREVENTION ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 193-197, 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).

Introduction :

1.1 Introduction to the Water (Prevention and Control of Pollution) Act, 1974

^[1]The Water (Prevention and Control of Pollution) Act, 1974. Was to prevent and the first enactment of the parliament ( govt. of India ) with the first primary object of securing and preventing and regulating & controlling water pollution and maintaining & restoring the wholesomeness of  water. Whether, this Act was presents one of the first efforts by the indian govt. to securing over the environment , especially groundwater contamination of the water bodies due to liberalisation, urbanization, and industrialization and population growth. It is also the first legislation which gives particularly and specific power to the regulatory bodies to controlling water pollutions.^[2] As a result of this enactment the Act, the pollutions control board of the state and the centeral came into force . this Act gives one of the most important powers to the State Board for controlling pollution and preventing water bodies as mention under section 25 of this Act. Which says that,” No person can establish or use new outlets for sewage/trade effluent discharge, or begin a new discharge without the State Board’s prior consent”. It gives the powers to the State Board to statutory authority/bodies new outlets &  new discharge takes actions with notice to any unauthorized new outlets.

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[1] “Indianjournals.Com/Ijor.Aspx?Target=ijor:Ijpss&volume=2&issue=6&article=040.”

[2] Civil Engineering Department, Maharishi Dayanand University, Rohtak-124001, Haryana, India, Rathee, and Mishra, “Water Policies in India.”

POSTHUMAN LEGAL RIGHTS

AUTHOR – KRISHA THAKKAR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – KRISHA THAKKAR, POSTHUMAN LEGAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 181-192, 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).

Chapter 1: Introduction

1.1 Background and Rationale

With fast growth in technology, the line between humans and non-humans is not so clear anymore. Post-human beings like AIs, humans with machine parts, and made-from-scratch life forms are no longer just imaginary. With progress in artificial intelligence, cybernetics, and bio-engineering, these beings could soon have powers equal or even stronger than humans—like thinking on their own, being aware, and making choices.

ORGANISED CRIMES AND ANTI-MAFIA LEGISLATION

AUTHOR – SHIV RAJ A S, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – SHIV RAJ A S, ORGANISED CRIMES AND ANTI-MAFIA LEGISLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 173-180, 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).

Research methodology

This research primarily follows the doctrinal research method, which involves national laws, international statistics and relevant academic writings. It also uses a comparative approach by examining how organised crimes are prevalent in different parts of the world and how they are tackled by different countries like India, United States, Japan, China, Colombia etc. Since this research paper gives a general outlook about the organised crimes in the world, case laws will not be mentioned. The statistical data and academic writing are given the utmost importance.

LEGAL FRAMEWORKS AND REGULATORY CHALLENGES IN SPACE TOURISM

AUTHOR – GOWRINANDHANAN R S, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – GOWRINANDHANAN R S, LEGAL FRAMEWORKS AND REGULATORY CHALLENGES IN SPACE TOURISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 164-172, 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 current Space law is not sufficient to solve new problems in this sector, where space tourism is growing rapidly. Most of the most important international space law was created during the Cold War and focusing only for the governments. This leads to many differences in the legal system, particularly the rights of space tourists responsible for space tourists who can create their own space operations in other countries and other countries. Additionally, the mechanism of the mechanism must be determined to resolve legal disputes with the responsible person in other circumstances. In this document, he emphasizes the need to harmonize National Space Law, using model rules for objects such as licensing, insurance, and security. This will make the situation clear and accessible to all who are equally affected. This article also covers potential legal and ethical questions. This is due to new technology, spatial waste and damage to the spatial environment. This issue highlights the need for future legislation while maintaining long-term security and spatial environments. Ultimately, this study shows that legal changes are needed at a good time to ensure a safe, fair and well-organized expansion of space tourism.

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

AUTHOR – NIKALANK YADAV, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – NIKALANK YADAV, AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 147-163, 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).

CHAPTER – 1

INTRODUCTION

Air is the natural bounty to all living things. It is the most vital component of life. There is no living being on the planet earth which can survive without air. Air is a blend of gases which constitutes earth’s atmosphere. The natural or fresh air is composed of 20.95% oxygen, 78% of nitrogen, 0.03% of carbon dioxide, 0.93% organ and trace amounts of Ozone, hydrogen sulfide sulphur-dioxide and carbon- monoxide.^[1] If this ratio is disturbed due to the presence of any foreign substance in it, the air cannot be termed as fresh air. It would rather be polluted or contaminated air, which is not suitable for use. To maintain the quality of air and management of air pollution, the Indian Parliament passed the Air (Prevention and Control of Pollution) Act, 1981.

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[1] National Geographic, ‘Air’ (National Geographic, 18 February 2025, 10:23 AM) https://education.nationalgeographic.org/resource/air/ accessed 22 March 2025

PROTECTION OF WHISTLEBLOWERS IN INDIA

AUTHOR – AHANA DAS, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – AHANA DAS, PROTECTION OF WHISTLEBLOWERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 134-146, 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

With the growth in developments in India, and India uplifting its status in front of various international standards, some factors pulling India backward. Some of them being corruption, dishonesty and fraud that occurs within governments, companies and various institutions. These malpractices lead to the development or emergence of the Whistleblowers who blows the whistle to alert the appropriate authorities about it.

Whistleblowing is an act that involves revealing the truth about such misconduct. It has emerged as a vital tool in fostering transparency, accountability, integrity within organisations and maintaining ethical governance both domestically and internationally. Whistleblowers can be termed as one of the many pillars of a functioning country. They come forward by disclosing information on any wrongdoing, misconduct, corruption or abuse of power which is happening within the organization be it public or private. A whistleblower can be an employee of the organization, a contractor, a supplier or ever a mere observer. In order for a whistleblower to have the courage to speak the truth they need to be protected and safeguarded by the government.

In India the need to protect whistleblowers has been increasingly recognized especially after occurrences of various instances where these whistleblowers faced threats, harassment or even death for whistleblowing these malpractices. Despite their pivotal role, the legal provisions for protecting them is significantly insufficient and severely underdeveloped in India. We have a specific act for their protection. It is called The Whistleblowers Protection Act, 2014. This act was enacted to receive complaints by whistleblowers disclosing corruption, unlawful practices or abuse of power by government officials. Even though this act is also supposed to provide protection to the whistleblowers from various threats that the whistleblowers face for the bravery shown by them but it suffers severe shortcomings.

In practice, whistleblowers in India face numerous challenges. There have been several cases where the whistleblowers faced intimidations, life threats, threat to affect their family members and in some unfortunate cases even death. Sometimes they also face indirect intimidations from their departments like transfers, disciplinary actions, suspensions or worse – physical harm and assassination. The absence of a strong framework for protection makes the whistleblowers vulnerable in their own society or surroundings. This also discourages people from coming forward and taking the initiative to disclose or speak up about the malpractices or misconduct. The media and non – government organizations have contributed to bringing the situation of whistleblowers in front of public eyes and gave an indirect fprce to the Indian Judiciary to take legislative actions.

KEY WORDS :-  Whistle blowers, Corruption, Malpractice, Competent Authorities, Role of Judiciary, Role of media, The Whistleblowers Protection Act, 2014.