THE ROLE OF JUDICIARY IN PROTECTION OF UNDERTRIALS

AUTHOR – ARYAN MISHRA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – ARYAN MISHRA, THE ROLE OF JUDICIARY IN PROTECTION OF UNDERTRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 601-628, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the critical issue of access to justice for undertrial prisoners (UTPs) in India, who constitute a significant portion of the prison population and often face prolonged pre-trial detention. Drawing upon empirical research conducted in selective prisons across seven states in India, this study evaluates the efficacy of free legal aid services provided to UTPs. The research involved the collection of primary data through structured and unstructured questionnaires from various stakeholders, including District Judges, Jail Superintendents, Legal Aid Counsels (LACs), Jail Visiting Advocates (JVAs), Para Legal Volunteers (PLVs), and the UTPs themselves. This study aims to identify the impediments faced by UTPs in availing their right to access justice, assess the commitment and competency of legal aid providers, and understand the challenges in the implementation of existing legal frameworks and Supreme Court judgments related to the release of UTPs. Ultimately, this research seeks to 7contribute to the existing literature and suggest potential solutions for enhancing the quality of legal aid services and ensuring a more effective and just criminal justice system for undertrial prisoners in India.

ROLE OF MOBILE BANKING IN FINANCIAL INCLUSION

AUTHOR – SANDHIYA R* & DR. S. MARUTHUVIJAYAN**
* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI, TAMIL NADU
** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI, TAMIL NADU

BEST CITATION – SANDHIYA R & DR. S. MARUTHUVIJAYAN, ROLE OF MOBILE BANKING IN FINANCIAL INCLUSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 589-600, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

There is increased emphasis on financial inclusion from the government, regulators, NGOs, and individuals. Proponents of development finance like Md.Yunus are going to extent of making it as a fundamental right of an individual. But, there is demand as well as supply side constraints to it .  A large section of the society is deprived of financial services like credit, loan, insurance, financial education, remittances, pension etc.  So does it mean that the poor are not availing the financial services? The answer to it is no. They have got their own mechanism to do so, they do it in multiple ways involving informal sources (collins et al, 2009).  Here, informal methods serve the purpose, but it is much more costly and has various ill effects.  In this situation mobile banking seems to a feasible solution.  It has got benefits  for multiple stakeholders.  At the macro level use of mobile banking will increase Gross Domestic Product.  At the same time there are limitations or dangers of mobile banking at mcro level. It could lead to increased instances of money laudering and may be in criminal activities. Whereas, at micro level it will benefit the organization as well as consumers in terms of addressing constriants being faced by them   The objective of this paper is to highlight the importance of mobile banking in bringing about financial inclusion in a developing country like India.  Although we will emphasize its relevance in the Indian context, it should be applicable to the poor in general residing in similar conditions elsewhere. To make it happen we propose a tripartite institutional arrangement involving one of the largest network in the country i.e. India Post.

Keywords:  Mobile Banking, Financial Inclusion, India.

BALANCING BARS AND BOUNDARIES: PRISONERS’ RIGHTS, FREE SPEECH, AND NATIONAL SECURITY IN INDIA

AUTHOR – AKSHIVA GOSWAMI, STUDENT AT AMITY UNIVERSITY NOIDA, UP, INDIA

BEST CITATION – AKSHIVA GOSWAMI, BALANCING BARS AND BOUNDARIES: PRISONERS’ RIGHTS, FREE SPEECH, AND NATIONAL SECURITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 574-589, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research critically explores the intersection between prisoners’ rights and the regulation of speech, particularly in the context of national security in India. Through a multidimensional analysis that includes constitutional law, international human rights standards, and comparative jurisprudence, the study evaluates how legal frameworks such as the Unlawful Activities (Prevention) Act (UAPA) and National Security Act (NSA) impact the civil liberties of incarcerated individuals. Employing a comparative legal methodology and qualitative interviews with legal experts and human rights advocates, the research highlights the challenges of balancing national security imperatives with the preservation of fundamental rights, such as freedom of speech and protection from arbitrary detention. The work also emphasizes the implications of preventive detention, media narratives, and societal biases in shaping public policy and legal interpretation. Ultimately, the study calls for legal reforms that align national practices with international human rights obligations and safeguard the dignity of all prisoners, including those accused of terrorism.

KEYWORDS

Prisoners’ Rights, Freedom of Speech, National Security, UAPA, Preventive Detention, Indian Constitution, Human Rights, Terrorism Laws, Judicial Review, Civil Liberties, Penal Reform, International Law

THE ROLE OF COMMERCIAL CONTRACTS IN CROSS-BORDER TRADE: LEGAL OBSTACLES AND SOLUTIONS

AUTHOR – CHIRAG SETH* & DR. NIHARIKA SINGH**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – CHIRAG SETH & DR. NIHARIKA SINGH, THE ROLE OF COMMERCIAL CONTRACTS IN CROSS-BORDER TRADE: LEGAL OBSTACLES AND SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 565-573, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Global trade is always shifting, and with that change, commercial contracts seem to play a bigger role than before. Agreements linking nations like India with various international partners don’t just spell out rights and duties; they sort of lay down a basic blueprint for settling disputes in transnational trade. These contracts, in most cases, become the backbone of economic cooperation across borders. Yet, mixing different legal systems can really throw a wrench in things, making it trickier to enforce or follow the agreed terms across jurisdictions. Generally speaking, the problem grows when legal standards break down into fragments—efforts like those involving the CISG and CESL try to streamline these issues, even though the outcome isn’t always perfect . Also, the strong reliance on legal English in global business, while useful, sometimes ends up complicating clear communication among varying legal traditions .

For any nation trying to succeed internationally, sorting out a tangled mix of laws isn’t optional – it’s pretty much a must, and India finds this especially true. The country’s push to widen its global trade ties often hits a wall of legal challenges that slow down progress more than one might hope. Sometimes, rigid regulatory rules block market openings, leaving Indian exporters to scramble while competitors seem to breeze through. And then there’s the whole issue of meeting world standards; take the EU’s Carbon Border Adjustment Mechanism, for example – a rule that many see as just another hurdle. India’s finance minister, Nirmala Sitharaman, even remarked—yes, she pointed out—that the planned CBAM comes off as an arbitrary trade barrier that ends up disadvantaging developing nations.

Keywords – Cross-border trade, commercial contracts, legal obstacles, CISG, risk management, India’s global trade, international conventions, dispute resolution, digital contracts, regulatory compliance.

AN EXAMINATION OF GENDER BIAS IN INDIAN LAWS: THE NEED FOR REFORMS TO PROTECT MALE RIGHTS AND ENSURE GENDER NEUTRALITY

AUTHOR – AKASH BHARTI* & DR. AISHWARYA PANDEY**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF AMITY UNIVERSITY, LUCKNOW CAMPUS

BEST CITATION – AKASH BHARTI & DR. AISHWARYA PANDEY, AN EXAMINATION OF GENDER BIAS IN INDIAN LAWS: THE NEED FOR REFORMS TO PROTECT MALE RIGHTS AND ENSURE GENDER NEUTRALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 556-564, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper examines the gender biases embedded in Indian laws and argues for necessary reforms to protect the rights of males and uphold gender neutrality. It analyses recent legislative changes – including the new Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) – and identifies provisions that remain gender-specific. While acknowledging the historical context of laws designed to protect women, this study highlights how such laws inadvertently exclude or disadvantage men. Drawing on landmark cases (e.g., Navtej Singh Johar v. Union of India and Joseph Shine v. Union of India) and official reports, the paper compares Indian practices with gender-neutral reforms in the United States and the United Kingdom. Key challenges to reform – including societal stigma and legal inertia – are discussed. The paper concludes with policy recommendations to amend existing statutes (such as criminalizing marital rape and extending the Protection of Women from Domestic Violence Act to all victims) and to train law enforcement in gender-neutral application of laws. These measures are intended to advance a balanced, egalitarian legal framework in line with international trends​papers.ssrn.com​papers.ssrn.com.

Keywords: Gender Biasness, Marital Rape, Constitution, Male Rights, Gender Equality.

ANIMAL VOICES: DEEP DIVE INTO ANIMAL WELFARE JURISPRUDENCE

AUTHOR – ANGILA VERMA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH, INDIA

BEST CITATION – ANGILA VERMA, ANIMAL VOICES: DEEP DIVE INTO ANIMAL WELFARE JURISPRUDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 543-555, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

          The evolving relationship between humans and animals has prompted an urgent re-evaluation of the legal and moral obligations owed to non-human life forms. The dissertation undertakes comprehensive and interdisciplinary exploration of animal welfare within legal systems, focusing on the transformation of jurisprudential thought, legislative frameworks and judicial interpretations, both in India and globally. It interrogates the adequacy of existing laws and policies in addressing the sentience, suffering and inherent dignity of animals.

          At its core, the research explores the dichotomy between animal welfare and animal rights, mapping the philosophical underpinnings of each. Particular emphasis is placed on concept of animal sentience and the moral standing of animals, which are increasingly being recognized in legal frameworks across jurisdictions and serves as the foundational basis for extending moral and legal consideration to animals.

          The dissertation delves deep into the religious perspectives, evolution of the welfare laws and the overall debate of legal personhood. In the Indian context, the dissertation critically evaluates statues examining their legislative histories, institutional mechanisms and judicial interpretations. Landmark judgements such as Animal Welfare Board of India v. Nagaraja and Karnail Singh v. State of Haryana are analysed for their jurisprudential advancements, particularly in recognizing animals as sentient beings and even granting them legal personhood. Simultaneously, the dissertation highlights the shortcoming of these laws and progressive approach of the judiciary in paving way for advanced animal rights theory.

Keywords: animal welfare, animal rights, legal personhood, jurisprudence, cruelty

THE LODESTAR OF JUSTICE: EXAMINING THE FIRST INFORMATION REPORT UNDER THE BHARTIYA NAGARIK SURAKSHA SANHITA

AUTHOR – GOPAL JEE TIWARI, STUDENT AT GAUTAM BUDDHA UNIVERSITY

BEST CITATION – GOPAL JEE TIWARI, THE LODESTAR OF JUSTICE: EXAMINING THE FIRST INFORMATION REPORT UNDER THE BHARTIYA NAGARIK SURAKSHA SANHITA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 537-542, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The First Information Report (FIR) stands as the landmark pillar upon which the structure of criminal justice in India is built. It is the formal induction of the investigative process, effected by information relating to the commission of a cognizable offense. This paper examines the significance of the FIR within the framework of the newly formed Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the colonial-era Code of Criminal Procedure, 1973. By analyzing the relevant provisions of the BNSS, this paper studies the procedural nuances of FIR registration, it is evidentiary value, the rights of the informant and the accused, and the expected impact of the new Sanhita on this first step towards justice. Additionally, it will consider the progress and challenges introduced by the BNSS regarding FIR, including provisions for e-FIR and preliminary inquiries, and ultimately examine their value in promoting a fair, transparent, and efficient criminal justice system.

Keywords:

First Information Report (FIR), Bharatiya Nagarik Suraksha Sanhita (BNSS), Cognizable Offence, Investigation, Rights of Informant, Rights of Accused, E-FIR, Preliminary Inquiry, Criminal Justice System.

FREEDOM OF SPEECH IN THE AGE OF MISINFORMATION: EVALUATING THE IMPACT OF FAKE NEWS ON DEMOCRATIC PROCESSES IN INDIA

AUTHOR – SOUMYA DUBEY* & DR. AISHWARYA PANDEY**

* STUDENT AT AMITY UNIVERSITY

** ASSISTANT PROFESSOR OF AMITY UNIVERSITY

BEST CITATION – SOUMYA DUBEY & DR. AISHWARYA PANDEY, FREEDOM OF SPEECH IN THE AGE OF MISINFORMATION: EVALUATING THE IMPACT OF FAKE NEWS ON DEMOCRATIC PROCESSES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 529-536, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the impact of fake news on democratic processes in India, focusing on the tension between freedom of speech and the need to regulate misinformation. Through qualitative analysis of case studies, including elections and public health crises, the paper highlights how fake news undermines democratic institutions by influencing voter behavior, inciting violence, and eroding public trust. The study also evaluates the role of social media platforms and legal frameworks in addressing misinformation. The findings suggest that while freedom of speech is a cornerstone of democracy, unchecked misinformation poses significant risks. The paper concludes with recommendations for a balanced approach to safeguarding free expression while combating fake news.

A STUDY OF LAWS RELATED TO EXTORTION IN INDIA

AUTHORS – YATIN* & SACHIN KUMAR**

* B.A.LL.B. (H), LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. Email – YATINJAGLAN01@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. Email – SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – YATIN & SACHIN KUMAR, A STUDY OF LAWS RELATED TO EXTORTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 519-528, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

“In this research paper, the legal framework that governs extortion in India is investigated. The article traces the growth of this framework from regulations from the colonial era to present legislation. The purpose of this study is to investigate the difficulties associated with prosecution, various enforcement gaps, and developing trends in extortion cases. This is accomplished via the examination of legislative provisions, major court judgements, and comparative viewpoints. The findings of this study underline the necessity of legislative reforms to address digital extortion and organised crime while maintaining a balance between punitive measures and preventative tactics. The proposals for enhancing the legal framework against extortion in the context of India are presented as the final section of the report after it is finished.”

Keywords: Extortion, Indian Penal Code, Criminal Law, Cyber Extortion, Legal Reforms

DECODING MONEY LAUNDERING: A COMPREHENSIVE ANALYSIS OF INDIA’S REGULATORY FRAMEWORK

AUTHOR – BIJAY AGARWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – BIJAY AGARWAL, DECODING MONEY LAUNDERING: A COMPREHENSIVE ANALYSIS OF INDIA’S REGULATORY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 509-518, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Money laundering poses a significant threat to the integrity of financial systems and national security worldwide, with India facing unique challenges due to its large informal economy, complex financial networks, and emerging digital assets. This research paper provides a comprehensive analysis of India’s anti-money laundering (AML) regulatory framework, tracing its evolution from the enactment of the Prevention of Money Laundering Act (PMLA) in 2002 to recent amendments addressing cryptocurrencies and enhanced compliance requirements. Through qualitative case studies of high-profile scams such as the Punjab National Bank fraud and the 2G spectrum scandal, alongside quantitative data on enforcement outcomes, the study evaluates the effectiveness of India’s legislative and institutional mechanisms. While India has made significant strides in aligning with global standards set by the Financial Action Task Force (FATF), challenges remain in enforcement efficiency, technological adaptation, and inter-agency coordination. The paper concludes with targeted recommendations emphasizing policy reforms, capacity building in digital forensics, and public-private partnerships leveraging fintech innovations. Strengthening these areas is critical for India to modernize its AML framework, effectively counter emerging risks, and enhance cooperation in the global fight against money laundering.

Keywords: Anti-Money Laundering, Financial Intelligence Unit, Blockchain analytics