“ACCESS TO JUSTICE FOR THE MARGINALIZED: A REALITY CHECK ON FREE LEGAL AID IN INDIA”

AUTHOR – ABHAY JAISWAL* & DR. PRASHANT KUMAR VARUN** 

* LL.M (CRIMINAL.LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ABHAY JAISWAL & DR. PRASHANT KUMAR VARUN, “ACCESS TO JUSTICE FOR THE MARGINALIZED: A REALITY CHECK ON FREE LEGAL AID IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 256-264, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Access to justice stands as a fundamental pillar of any democratic society, aimed at ensuring the equal application of the rule of law. In India, this principle is constitutionally embedded in Article 39A, which obligates the State to extend free legal aid to individuals who cannot afford legal services, thus safeguarding their right to seek justice without discrimination based on financial or social status. Although the Legal Services Authorities Act, 1987 has laid down a comprehensive structure to provide such aid, the ground realities reveal a persistent gap between legal provisions and their practical implementation—especially for marginalized sections including economically weaker individuals, women, Scheduled Castes, Scheduled Tribes, and other disadvantaged groups.

This research critically examines the journey of free legal aid in India, tracing its historical background, evaluating the current legal and institutional framework, and identifying the core issues that continue to hinder its effectiveness. Challenges such as public unawareness, inadequate resources, and substandard legal representation are highlighted as major barriers. The paper further assesses ongoing initiatives like the Tele-Law programme, legal awareness drives, and voluntary legal services to understand their role in enhancing outreach and access.

In conclusion, the study recommends actionable reforms—both administrative and policy-oriented—to reinforce the legal aid system and fulfill its constitutional mandate. It underscores the need to ensure that justice is not reserved for a privileged few but is an accessible and enforceable right for every citizen, particularly those at the margins of the legal system.

KEYWORDS – Access to Justice, Free Legal Aid, Article 39A, Legal Services Authorities Act, Marginalized Communities, Legal Empowerment, Social Justice, Rule of Law, Tele-Law Programme, Legal Literacy, Public Awareness, Constitutional Mandate, Legal Reforms, Vulnerable Groups, Equal Justice, Legal Aid Mechanism, India

“THE ROLE OF LEGAL EDUCATION IN PREPARING LAWYERS FOR AI-DRIVEN LEGAL PRACTICE”

AUTHOR – HARDIK PANDEY* & DR. JYOTSNA SINGH**

*  LL.M (BUSINESS LAW) SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – HARDIK PANDEY & DR. JYOTSNA SINGH, “THE ROLE OF LEGAL EDUCATION IN PREPARING LAWYERS FOR AI-DRIVEN LEGAL PRACTICE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 245-255, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The integration of Artificial Intelligence (AI) into the legal domain has ushered in a paradigm shift, redefining the traditional contours of legal practice. From automating legal research and contract analysis to predicting judicial outcomes and facilitating client services, AI technologies are transforming how law is practiced and delivered. This evolution necessitates a parallel transformation in legal education, which must go beyond conventional doctrinal teaching and incorporate interdisciplinary competencies.

This paper critically examines the influence of AI on key aspects of legal practice and assesses the readiness of current legal education systems to address these changes. It explores the emerging skill sets required for legal professionals, such as digital literacy, data analytics, algorithmic accountability, and ethical reasoning in the context of technology. Furthermore, the study highlights international trends, compares legal curricula across jurisdictions, and underscores the urgent need for reform in the Indian legal education system.

The research proposes actionable recommendations, including the introduction of AI-focused courses, clinical legal tech programs, collaborative projects with engineering institutions, and continuous faculty development. It also advocates for policy-level interventions by regulatory bodies like the Bar Council of India to mandate technological competence as a core component of legal training. The paper concludes by emphasizing that preparing future lawyers for an AI-augmented legal world is not merely a matter of innovation but a necessity to uphold justice, equity, and professional relevance in a digitally advancing society.

EFFICACY OF RESTORATIVE JUSTICE IN INDIA

AUTHOR – TATSAVI VANZARA* & DR. KRATIKA GUPTA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSOCIATE PROFESSOR AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – TATSAVI VANZARA & DR. KRATIKA GUPTA, EFFICACY OF RESTORATIVE JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 238-244, APIS – 3920 – 0001 & ISSN – 2583-2344

RESTORATIVE JUSTICE

Restorative justice (RJ) has emerged as a revolutionary method for addressing harm, shifting the emphasis from punishment to healing. Unlike conventional systems that focus on retribution, RJ is centered on mending relationships, empowering victims, and reintegrating offenders through dialogue and collaboration. Drawing from both indigenous practices and contemporary criminology, it prioritizes understanding the human impact of crime rather than simply enforcing penalties. This approach includes structured processes such as victim-offender mediation, family group conferencing, and community circles, where all stakeholders come together to discuss the repercussions of wrongdoing and agree on reparative actions. For instance, in pilot programs in Kerala, a teenager who vandalized a shop might meet with the owner to apologize and undertake community service to repair the damages, fostering accountability while addressing the underlying causes of the behavior. These practices aim to rebuild trust and restore social connections, acknowledging that crime affects individuals and communities, not just abstract legal systems.

”THE IMPACT OF MANDATORY MINIMUM SENTENCING IN CRIMINAL JUSTICE SYSTEM OF INDIA”

AUTHOR – BHAVYA DWIVEDI* & DR.PARISHKAR SHRESHTH**

* LL.M (CRIMINAL.LAW) SCHOLAT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR GRADE III, AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – BHAVYA DWIVEDI & DR.PARISHKAR SHRESHTH, ”THE IMPACT OF MANDATORY MINIMUM SENTENCING IN CRIMINAL JUSTICE SYSTEM OF INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 225-237, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Mandatory minimum sentencing refers to laws that impose fixed minimum penalties for certain criminal offences, and it has become a notable yet debated aspect of India’s criminal justice framework. Though introduced to deter criminal activity, standardize sentencing, and reflect a tough approach to grave crimes, such provisions often bring about unforeseen challenges. This study provides a critical analysis of how these sentencing requirements affect judicial independence, contribute to prison overcrowding, and disproportionately impact individuals from marginalized backgrounds. By exploring global approaches, particularly those adopted in the United States and the United Kingdom, the research emphasizes the need for proportional and case-sensitive sentencing. The analysis indicates that while mandatory minimums may serve punitive goals, they frequently undermine justice, fairness, and rehabilitation. The paper proposes reforms including the adoption of structured sentencing guidelines, safeguarding judicial discretion, and establishing regular policy reviews to promote a more equitable justice system.

Keywords:
Mandatory Minimum Sentencing, Criminal Justice System, Judicial Discretion, Prison Overcrowding, Sentencing Guidelines, Proportionality, Marginalized Communities, Punitive Measures, Sentencing Reform, International Comparison, Rehabilitation, Legal Uniformity, India, United States, United Kingdom.

LABOUR REGULATION IN THE MARITIME SECTOR IN INDIA

AUTHOR – ANGELINA BLESSY J, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ANGELINA BLESSY J, LABOUR REGULATION IN THE MARITIME SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 220-224, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The maritime industry, a sector vital to global trade is often marked by legal ambiguity and worker exploitation. This article examines the diverse categories of maritime labour—including seafarers, dockworkers, offshore energy workers, and fishers—and the risks they face, such as poor working conditions, wage theft, and mental health issues. The Indian legal framework, while aligned with international conventions like the Maritime Labour Convention (MLC), 2006, suffers from weak enforcement and fragmented oversight. The use of Flags of Convenience (FOC) further complicates jurisdictional accountability, making it difficult for workers to seek justice. The article also reviews the role of international bodies such as the IMO and ILO in setting standards and supporting seafarers. Real-world case studies highlight the failure of authorities to protect Indian maritime workers abandoned in foreign ports. The article concludes with policy recommendations including tighter regulation of manning agents, port welfare desks, gender inclusion, and legal harmonisation. Ultimately, it calls for stronger coordination between domestic and international stakeholders to safeguard the rights and dignity of maritime workers.

Keywords: Maritime industry, labour, challenges, law.

BALANCING VICTIM PROTECTION AND ACCUSED RIGHTS

AUTHOR – SHREYA KARDAM, STUDENT AT AMITY LAW SCHOOL NOIDA , UTTAR PRADESH

BEST CITATION – SHREYA KARDAM, BALANCING VICTIM PROTECTION AND ACCUSED RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 212-219, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted in India to provide a robust legal framework for the protection of children from sexual abuse and exploitation. This legislation has significantly redefined the landscape of child protection in the Indian criminal justice system by creating child-friendly procedures and imposing stringent penalties on perpetrators. However, while the POCSO Act aims to safeguard child victims, it also raises significant concerns about ensuring the constitutional rights of the accused, especially the right to a fair trial as guaranteed under Article 21 of the Indian Constitution. This study seeks to critically examine the impact of the POCSO Act on the balance between victim protection and the rights of the accused within the Indian legal framework.

The research focuses on the dual obligation of the justice system to both protect vulnerable child victims and uphold the fundamental principles of criminal law, particularly the presumption of innocence and the right to a fair, impartial, and timely trial. The POCSO Act introduces several special procedures, such as child-friendly courts, the presence of support persons, in-camera trials, and restrictions on bail and anticipatory bail, all of which are intended to shield child victims from secondary trauma during the legal process. However, these provisions often create tension with the rights of the accused, who may be subjected to pre-trial stigma, reverse burdens of proof, and constraints on bail that challenge established legal norms.

This dissertation explores whether the procedural innovations under the POCSO Act align with the constitutional commitment to justice, equality, and due process. It investigates whether the current legal provisions effectively balance the rights of both parties or if the scales have been unduly tipped in favor of victims at the cost of fundamental criminal jurisprudence. It further examines how Indian courts have interpreted and applied these provisions, and whether judicial discretion has been used to mitigate or exacerbate this imbalance.

In addition to doctrinal and jurisprudential analysis, this study also draws upon international human rights frameworks, such as the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention on the Rights of the Child (UNCRC), to situate India’s legal developments within a global context. The research highlights the comparative approaches adopted by other jurisdictions in balancing victim protection and accused rights, and the lessons India can derive from such models.

CRITICAL ANALYSIS OF PLMA’S EFFICACY IN CRYPTO-RELATED MONEY LAUNDERING

AUTHOR – RAAJ SHEKHAR CHOTALIA* & DR. PRIYANKA TAKTAWALA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSOCIATE PROFESSOR AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – RAAJ SHEKHAR CHOTALIA* & DR. PRIYANKA TAKTAWALA, CRITICAL ANALYSIS OF PLMA’S EFFICACY IN CRYPTO-RELATED MONEY LAUNDERING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 195-211, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The research paper explores the evolving landscape of cryptocurrency regulation, focusing on the challenges and responses of various jurisdictions, particularly India, the United States, and the European Union. It highlights the legislative and regulatory shortcomings in defining “virtual assets” under India’s Prevention of Money Laundering Act (PMLA), which has led to enforcement challenges and regulatory arbitrage. The paper contrasts India’s ambiguous framework with the EU’s Markets in Crypto-Assets (MiCA) Regulation and Singapore’s Payment Services Act, which offer more precise classifications and robust enforcement mechanisms. The study underscores the importance of adopting a risk-based approach (RBA) as advocated by the Financial Action Task Force (FATF), emphasizing the need for countries to identify and mitigate sector-specific risks. It also examines the technical limitations in tracking blockchain transactions, which hinder anti-money laundering (AML) efforts globally. The paper discusses the role of advanced analytics and international collaboration in overcoming these barriers, citing examples like the WazirX scandal and the Lazarus Group heists. Furthermore, it analyzes the United States’ Bank Secrecy Act (BSA) and its limitations in addressing the nuances of digital assets, despite its rigorous AML frameworks. The research concludes by recommending legislative reforms, technological integration, and global cooperation to enhance the effectiveness of crypto regulation. It advocates for a balanced approach that fosters innovation while ensuring security, drawing lessons from jurisdictions like the EU and Singapore. The paper calls for harmonized global action to address the challenges posed by the borderless nature of cryptocurrencies, warning that without such efforts, the financial system remains vulnerable to exploitation.

NAVIGATING THE CHALLENGES IN GIG ECONOMY : THE STRUGGLE FOR COLLECTIVE BARGAINING RIGHTS IN A WORKPLACE

AUTHOR – AALIYA AMEER. A, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AALIYA AMEER. A, NAVIGATING THE CHALLENGES IN GIG ECONOMY : THE STRUGGLE FOR COLLECTIVE BARGAINING RIGHTS IN A WORKPLACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 184-194, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

     Gig economy is a modern labor market system which has redefined the traditional labor market system which has its own advantages and disadvantages. This has challenged the traditional labor employment structures in various forms most notably through its flexibility and autonomy. Millions. of people are now performing on-demand, freelance, and temporary jobs because of the growth of digital platforms. like Uber, Swiggy, and Urban Company. But. this change has sparked serious questions about labor rights, especially the right to collective bargaining. Gig workers are basically categorised under Independent contractors which is in total contrast to the traditional employment structures. which makes them not eligible for social security benefits and unionization and other important benefits that a normal employer is eligible to claim under traditional labor legislations. This power disparity that is prevailing in the market makes the workers and platforms less exposed to bargaining rights as to equitable pay, secure working conditions and dispute resolution.

     The challenges with regard to gig workers rights still remain unresolved because of the lack of unclear legal provisions that validates gig workers rights. Labor laws like the Industrial Disputes Act and Trade Unions Act exclusively deal with formal employment and lack provisions with regard to gig workers rights which creates some important legal challenges in the field of p;atform based workers. Many countries have brought notable legislative changes with regard to gig workers rights.

      This paper delves into the structural and legal challenges to collective bargaining in the gig economy with key focus on Indian labor laws, the lacunas and the insights into foreign labor laws. This research underscores the importance of policy reforms and legislative changes guaranteeing equitable working conditions and sustainable labor rights for gig workers.

“FORENSIC EVIDENCE IN CRIMINAL CONVICTIONS: NEED FOR REGULATORY REFORM IN INDIA”

AUTHOR – ANANYA SINGH* & DR. PRASHANT KUMAR VARUN**

* LL.M (CRIMINAL.LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ANANYA SINGH & DR. PRASHANT KUMAR VARUN, “FORENSIC EVIDENCE IN CRIMINAL CONVICTIONS: NEED FOR REGULATORY REFORM IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 173-183, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper offers an in-depth analysis of the essential role that forensic science plays in the adjudication of criminal cases within the Indian legal system. It investigates how forensic techniques—such as DNA profiling, fingerprint analysis, ballistic examinations, and digital forensics—serve as crucial tools in both proving guilt and establishing innocence. However, the study also exposes the significant challenges arising from the lack of uniform protocols, improper handling of evidence, inadequate training of personnel, and institutional shortcomings in forensic infrastructure.

Particular focus is placed on how these lapses contribute to miscarriages of justice, including wrongful convictions and acquittals, thereby undermining public confidence in the criminal justice process. The research emphasizes the pressing necessity for robust legislative reforms, the implementation of scientifically validated forensic methodologies, and the compulsory accreditation of forensic laboratories to ensure uniformity and credibility.

Moreover, the paper calls for the integration of forensic science into legal and police training curricula, alongside the establishment of specialized forensic oversight bodies to regulate the collection, analysis, and presentation of forensic evidence in courts. By promoting transparency, accountability, and scientific accuracy, these proposed reforms aim to bolster the integrity and reliability of forensic science as a foundational component of justice delivery in India.

Keywords –  Forensic science in India,Criminal justice system,Wrongful convictions Misuse of forensic evidence ,Transparency and accountability in justice ,Misinterpretation of forensic data, DNA profiling,  Fingerprint analysis, Ballistic forensics , Digital forensic evidence, Standardization of forensic protocols, Forensic laboratory accreditation .

EVOLUTION OF MATERNITY BENEFITS: A COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS ACROSS DEVELOPED AND DEVELOPING NATIONS

AUTHOR – LUXEN I, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL, CHENNAI

BEST CITATION – LUXEN I, EVOLUTION OF MATERNITY BENEFITS: A COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS ACROSS DEVELOPED AND DEVELOPING NATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 160-173, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

This doctrinal study investigates the historical evolution, present situation, and future directions of maternity benefit regulations in both developed and developing nations. The research utilizes a comparative legal approach to assess how maternity protection has transitioned from being considered charitable welfare to being recognized as legally enforceable rights within the broader contexts of human rights and gender equality. The analysis follows the development of international labour standards via a series of ILO Conventions and their integration into national law, highlighting notable disparities in aspects such as coverage, duration, funding structures, and enforcement mechanisms. By conducting a thorough examination of statutory laws, court rulings, and policy frameworks across various regions, this study identifies unique regional models while exploring the intricate relationship between economic progress, cultural elements, and legal safeguards. Special focus is placed on the ongoing implementation gaps that exist between legislative commitments and real-world practices, particularly in the informal sector where a majority of women in developing countries are employed. The research reveals that while maternity benefits are generally more extensive in developed countries, several developing nations have adopted innovative strategies worthy of broader exploration. The study also considers emerging patterns such as the gradual move towards shared parental leave, flexible work options, and increased protections for non-standard employment situations. An analysis of economic impacts shows that well-structured maternity benefit systems provide positive outcomes through heightened female workforce engagement, decreased employee turnover, and enhanced maternal and child health results. This research adds to the current body of knowledge by suggesting a framework for evaluating maternity benefit systems that takes into account different economic limitations while pinpointing essential minimum standards relevant across various development settings. The findings endorse policy suggestions aimed at achieving universal maternity protection while addressing challenges in implementation through technological advancements, collaborations between public and private sectors, and improved enforcement strategies.

Key Words: Maternity Benefits, Parental Leave, Legal Frameworks, Employment Rights, Gender Equality.