RIGHT TO PROPERTY AS NATURAL RIGHT- A CRITICAL STUDY

AUTHOR – STUTI HASMUKH OSWAL, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – STUTI HASMUKH OSWAL, RIGHT TO PROPERTY AS NATURAL RIGHT- A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 484-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Diving deep into the paradigm of natural rights to unravel the intricate tapestry of property rights. The historical journey begins with John Locke in the 17^th century. The most famous social contract theorists, John Locke, argued that the right to property is a natural right that is derived from the right to self-ownership. India initially recognized the right to property as a fundamental right in its constitution in 1950. However, this right was downgraded to a constitutional right by the 44^th Amendment Act, 1978, which allowed the government to regulate property rights for public welfare and land forms. The current status of the right to property as a natural right is marked by complexity and controversy. While the right to property is acknowledge is numerous global legal systems, its recognition as an inherent natural right remains inconsistent.The research inquires into probing the boundaries, limitation and the intricate relationship between individual property rights and the broader interests of society. This research is to investigate the challenges surrounding the right to property as a natural right and addressing issues such as balance between individual ownership and public interest along with the intersection of property rights with economic inequality in global context. The hypothesis of this critical study on the right to property as a natural right asserts that property rights have evolved significantly over time, influence by societal needs and evolving legal systems. The property rights are subject to increasing limitations to address concerns like environmental sustainability and economic inequality. It anticipates that a critical examination will reveal the resilience of property rights in balancing individual liberties with contemporary societal demands.  

Key Words: Right to property, John Locke, fundamental human right, economic inequality, 44^th Amendment Act, 1978.

RIGHT TO BAIL IN INDIA

 AUTHOR – MANISH TRIPATHI, STUDENT AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH.

BEST CITATION – MANISH TRIPATHI, RIGHT TO BAIL IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 472-483, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The right to bail in India is a fundamental legal principle that safeguards personal liberty and ensures that an accused person is not unjustly detained before trial. Rooted in constitutional guarantees under Article 21, statutory provisions in the Code of Criminal Procedure, 1973 (CrPC), and judicial precedents, bail serves as a balance between individual rights and the broader interests of justice. While Indian courts have upheld bail as a rule rather than an exception, delays in the judicial process, stringent conditions in special laws, and the discretionary nature of bail decisions often lead to prolonged pre-trial detention, particularly for marginalized individuals.

Judicial interpretations, including landmark cases like Maneka Gandhi v. Union of India (1978) and Arnesh Kumar v. State of Bihar (2014), have emphasized the need for a liberal and rights-based approach to bail. However, special laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA) impose stringent bail conditions, making it difficult for accused individuals to secure release. A comparative analysis with international bail systems highlights the need for reforms in India’s bail laws, ensuring a more consistent, transparent, and accessible approach to pre-trial release.

KEYWORDS – Right to Bail, Personal Liberty, Criminal Procedure Code (CrPC), Article 21, Judicial Interpretation, Pre-Trial Detention, Special Laws, Fundamental Rights, Presumption of Innocence, Bail Reforms.

BAIL AND JUDICIAL DISCREATION

AUTHOR – MOHAMMAD AZEEM CHAUDHARI, STUDENT AT AMITY LAW SCHOOL, LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH.

BEST CITATION – MOHAMMAD AZEEM CHAUDHARI, BAIL AND JUDICIAL DISCREATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 454-464, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bail is a fundamental aspect of criminal jurisprudence that upholds the principle of personal liberty while ensuring the accused’s presence during the trial. Judicial discretion plays a pivotal role in granting or denying bail, balancing individual rights with societal interests. However, the exercise of discretion often leads to inconsistencies due to varying judicial interpretations, legal precedents, and the nature of the offense. This research paper examines the legal framework of bail, the factors influencing judicial discretion, landmark judgments, and comparative perspectives from other jurisdictions. The study also explores technological advancements in bail proceedings and highlights the need for a more standardized and equitable approach to bail jurisprudence. The analysis underscores the importance of judicial accountability, procedural fairness, and legal reforms to ensure that bail decisions remain just, transparent, and aligned with constitutional principles.

KEYWORDS:- Bail, Judicial Discretion, Criminal Justice, Personal Liberty, Pre-trial Detention, Legal Framework, Bail Reforms, Landmark Judgments, Judicial Precedents, Procedural Fairness.

INDIGENOUS RIGHTS AND ENVIRONMENTAL POLICIES: A CASE STUDY ON THE IMPACT OF LAND RIGHTS ON FOREST CONSERVATION IN MANIPUR

AUTHOR – LAISHRAM SANJEET* & DR. S. JAMES**, PHD RESEARCH SCHOLAR, DEPARTMENT OF LAW* & PROFESSOR AND DEAN, SCHOOL OF LAW AND DEFENCE & & STRATEGIC STUDIES**, MANIPUR INTERNATIONAL UNIVERSITY

BEST CITATION – LAISHRAM SANJEET & DR. S. JAMES, INDIGENOUS RIGHTS AND ENVIRONMENTAL POLICIES: A CASE STUDY ON THE IMPACT OF LAND RIGHTS ON FOREST CONSERVATION IN MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 444-453, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Manipur, a state located in the northeastern region of India, is known for its rich biodiversity, unique cultural heritage, and diverse indigenous communities. The forests of Manipur are vital not only for maintaining ecological balance but also for supporting the livelihood, culture, and traditions of its indigenous peoples, such as the Meitei, Naga, and Kuki communities. These communities have historically lived in harmony with their surroundings, relying on the forest for agricultural practices, medicinal plants, Non-Timber Forest Products (NTFPs), and spiritual well-being.

UNDERSTANDING THE CONSTITUTIONAL LIMITATIONS OF SECTION 9 OF THE HINDU MARRIAGE ACT, 1955

AUTHOR – AISIRI GIRISH, STUDENT AT AMITY LAW SCHOOL NOIDA

BEST CITATION – AISIRI GIRISH, UNDERSTANDING THE CONSTITUTIONAL LIMITATIONS OF SECTION 9 OF THE HINDU MARRIAGE ACT, 1955, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 465-471, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The concept of restitution of conjugal rights, as outlined in Section 9 of the Hindu Marriage Act, 1955, serves to uphold the sanctity of marriage by allowing a spouse to petition for the return of the other who has withdrawn from cohabitation without reasonable cause. However, this provision has been subject to significant scrutiny due to its inherent limitations and potential conflicts with constitutional rights.

One major limitation arises from the requirement that the aggrieved party must prove the absence of a reasonable excuse for withdrawal. This places an undue burden on individuals who may have left due to valid concerns such as cruelty or abuse, thereby potentially forcing them back into harmful situations. Furthermore, judicial interpretations have highlighted inconsistencies in how courts balance marital obligations with personal freedoms, often leading to outcomes that may infringe upon an individual’s right to privacy and dignity. This research paper explores these limitations, particularly focusing on the implications for individual autonomy, personal safety, and the evolving understanding of marital relationships in contemporary society This research aims to provide a comprehensive understanding of the limitations of restitution of conjugal rights within the framework of Indian law and its implications for modern marital dynamics.

Keywords: Restitution, Conjugal Rights, Reasonable cause, Marital relationships, Cruelty.

THE STATUS OF WOMEN IN INDIA POST-INDEPENDENCE

AUTHOR – URVASHI NAVIN LIMBACHIYA, STUDENT AT M.K.E.S COLLEGE OF LAW

BEST CITATION – URVASHI NAVIN LIMBACHIYA, THE STATUS OF WOMEN IN INDIA POST-INDEPENDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 12-15, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Women’s Rights and Legal Reforms” (ISBN: 978-81-968842-4-6). .

Abstract

India’s post-independence era marked a significant shift in the status and roles of women in society. Post-independence, the transformation of women’s status has been a multifaceted process, influenced by changes in laws, economic opportunities, education, and cultural shifts. One of the most notable changes post-independence was the adoption of the Indian Constitution in 1950, which guaranteed fundamental rights to all citizens, regardless of gender. Access to education for women improved significantly in post-independence India. The government played a key role by establishing numerous schools, universities, and vocational programs aimed at increasing female literacy and providing women with better opportunities for career advancement. The rise of women in the workforce has been a key aspect of post-independence societal change. Traditionally, women were primarily engaged in agriculture, but with the introduction of new economic policies, women found increasing opportunities in urban industries and services. Women’s participation in politics has been a significant milestone in post-independence India. Despite the legal and social strides, women in India still face significant challenges in achieving full equality

Keywords: Status of women, legal and constitutional reforms, educational reforms, political empowerment of women, National Policy on the Empowerment of Women, 2001

WOMEN’s ACCESS TO JUSTICE IN INDIA

AUTHOR – HUMERA ALI SHAIKH, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – HUMERA ALI SHAIKH, SAFETY OF WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 01-03, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Women’s Rights and Legal Reforms” (ISBN: 978-81-968842-4-6). .

INTRODUCTION

Women access to justice in India is an important issue that reflects gender inequality, social stigma and extensive social trends of patriarchal structures. Despite legal process, the reality for many women in India is that justice remains elusive due to many systemic obstacles. However, in the last few decades, there has been significant progress in legal reforms and awareness about women’s rights has increased, although challenges persist.

REPRODUCTIVE RIGHTS WOMEN IN INDIA

AUTHOR – ALAM MOHOMMED RAZA, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – ALAM MOHOMMED RAZA, REPRODUCTIVE RIGHTS WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 04-06, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Women’s Rights and Legal Reforms” (ISBN: 978-81-968842-4-6). .

ABSTRACT

The reproductive rights of women in India encompass a wide array of legal, social, and healthcare-related concerns, including the availability of contraception, abortion services, maternal healthcare, and protections against forced sterilization. Reproductive rights are fundamental to the well-being and autonomy of individuals, particularly women. There must be active elimination of gender, race, socioeconomic, or any other discrimination that infringes on the rights of people. India’s reproductive rights landscape is complex, with legal progress often clashing with social attitudes and practices. Landmark cases such as the 2022 MTP case and the decriminalization of homosexuality reflect a growing acknowledgment of individual rights and the importance of personal autonomy in reproductive decision-making.

Keywords: Reproductive rights of women, human rights of women, maternal health of women, protection of women, gender equality

SAFETY OF WOMEN IN INDIA

AUTHOR – ISHA NAVIN CHHEDA, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – ISHA NAVIN CHHEDA, SAFETY OF WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 07-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Women’s Rights and Legal Reforms” (ISBN: 978-81-968842-4-6). .

Abstract

In 2025, India has grown both in terms of economy and technology, and the gender equality conversation is becoming increasingly prominent. The National Crime Records Bureau reports a staggering 445,256 crimes against women in India in the year 2024. “Safety of Women” means wherever the women go she feels safe. She must not fear marriage because of risk of domestic violence. She must not fear to go outside because of increasing rape rates. Crimes against women are increasing in India at an alarming rate. India ranks abysmally low at the 128th position among the 177 countries in the Women Peace and Security Index. Daily, according to the data by NCRB, 88 rape cases take place certainly many are unreported. The Indian Constitution provides equality between men and women, yet it also permits the States to permit positive discrimination in favor of women by passing certain laws and rules in their respective States for women.

Keywords: Safety of women, crime against women, constitutional provisions for women, government initiates for women, national commission for women

FILING OF SECTION 9 OF IBC ON THE BASIS OF AN ARBITRAL AWARD/MONEY DECREE

AUTHOR – ARYENDRA SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARYENDRA SINGH, FILING OF SECTION 9 OF IBC ON THE BASIS OF AN ARBITRAL AWARD/MONEY DECREE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 440-443, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Since its enactment in May 2016, the Insolvency and Bankruptcy Code (IBC) has significantly transformed the landscape of insolvency resolution in India. Designed to streamline the process of insolvency and bankruptcy, the IBC aims to maximize asset value, promote entrepreneurship, ensure the availability of credit, and balance the interests of all stakeholders. Among its various provisions, Section 9 stands out as a crucial mechanism for operational creditors seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against defaulting corporate debtors. This article focuses on the practical application of Section 9 by operational creditors, particularly in the context of enforcing a money decree. The ability to file for CIRP based on a money decree provides operational creditors with a potent tool to recover dues efficiently, thereby reinforcing the IBC’s overarching goal of timely and equitable resolution of insolvencies. Through an in-depth analysis, this article explores the procedural nuances, legal precedents, and strategic considerations involved in leveraging Section 9, offering valuable insights for practitioners and stakeholders navigating the complexities of the IBC framework.