HARMONISING THE MODEL PRISON MANUAL (2016) WITH THE MODEL PRISONS ACT (2023): LEGAL GAPS AND DRAFTING CONFLICTS

AUTHOR – ASHWANI KUMAR* & PROF. AMBAR SRIVASTAVA**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – ASHWANI KUMAR & PROF. AMBAR SRIVASTAVA, HARMONISING THE MODEL PRISON MANUAL (2016) WITH THE MODEL PRISONS ACT (2023): LEGAL GAPS AND DRAFTING CONFLICTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 682-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Model Prison Manual (2016) together with the Model Prisons Act (2023) depict India’s boldest attempt to overhaul prison administration and align it with a right, based correctional framework. But, the existence of a non, binding administrative manual alongside a newly enacted statutory regime has led to significant legal and operational tensions. This paper explores how far the 2016 Manual’s reform, oriented standards, these include prisoner rights, health, welfare, gender, sensitive protocols, rehabilitation, staff training, and oversight, are either in harmony or in conflict with the 2023 Act’s provisions.

By means of doctrinal comparison, the research points out the major issues in draft work such as conflict of definitions, lack of disciplinary chapters, unclear normative hierarchy, and instances where the manual is more progressive in terms of safeguards than the Act is either weaker or omits. Besides these, the study throws light on the structural problems that arise because of India’s federal setup where prisons come under state jurisdiction. This results in different pace of implementation, resource gaps, and divergent rules at the state level, which make it difficult to achieve harmonisation.

The article ends with the argument that the 2023 Act entails a risk of reinforcing a security, dominated approach if it is not accompanied by a definite mechanism for the integration of the reform principles of the Manual at the statutory level. According to the paper, the final outcome of prison governance in India should be a coherent, humane, and accountable system which can be achieved through a harmonisation roadmap comprising of the suggested amendments, unified standard operating procedures, periodic compliance audits and incorporation of constitutional rights jurisprudence.

THE LEGAL FUTURE OF ONLINE GAMING IN INDIA

AUTHOR – VISHWA.S* & MRS. A .GAYATHRI**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – VISHWA.S & MRS. A .GAYATHRI, THE LEGAL FUTURE OF ONLINE GAMING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 676-681, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6469

CHAPTER VI

THE WAY FORWARD: RECOMMENDATIONS FOR INDIA

INTRODUCTION

Despite its prevalence among the elderly and the elderly alone (60+) as their second-most used category of services), the public administration is not the main on`e they visit. They use the administrative department they most visited, which is also the one offered more often by the local authority of the services they received (37%) more than the second most popular administrative department received (23%). It can be seen that while administrative services for over 60s may be their second most utilized, they don‘t appear to be a public department they visit at all, or in any great number, relative to other services. The administrative departments for other age groups were still preferred by 36% of 60+s, and the non-administrative local authorities by 19%.

OWNERSHIP CERTAINTY AND LEGAL COMPLIANCE IN TOKENIZED REAL-WORLD ASSETS: AN INDIAN REGULATORY PERSPECTIVE WITH COMPARATIVE INSIGHTS.

AUTHOR – MUKUL SINGH, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – MUKUL SINGH,OWNERSHIP CERTAINTY AND LEGAL COMPLIANCE IN TOKENIZED REAL-WORLD ASSETS: AN INDIAN REGULATORY PERSPECTIVE WITH COMPARATIVE INSIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 666-676, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6468

1. OWNERSHIP MODELS IN TOKENIZED REAL-WORLD ASSETS

1.1 Overview of Ownership Structures

The ownership structure adopted by a tokenized real-world-asset product is not a question, as it is sometimes discussed in the business world, a second-order or stylistic one. It is the initial legal design choice based on which all the rest is based. The nature of whatever the model actually has to create is dependent upon classification, compliance obligations, governance requirements, insolvency resilience as well as investor protection. This chapter discusses the six main ownership models applicable to tokenized real world asset structures, analyzes the legal efficiency of each, and indicates the contexts where each of these models would be most suitable.

An introductory aspect that is mainly worth noting is that these models are not mutually exclusive in terms of design and are not necessarily what is represented by the names in marketing copy. A product which describes itself as direct ownership product and on analysis would only form a beneficial interest in trust. A product that is referred to as equity participation in an SPV can, under the articles of association, and as per the terms of the token instrument, give rise to an entity that is closer to an unsecured debt obligation. It is not the titles given to the rights that the legal analyst should examine, but rather the rights that are created.^[1]

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[1] Law Comm’n, Digital Assets: Final Report ¶¶ 2.11–2.18, Law Com No. 412 (2023).

EVOLUTION OF FORENSIC TOOLS: A TECHNICAL AND HISTORICAL OVERVIEW

AUTHOR – KANNAN KARLMARX* & MS. ANNA JOHN**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – KANNAN KARLMARX & MS. ANNA JOHN, EVOLUTION OF FORENSIC TOOLS: A TECHNICAL AND HISTORICAL OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 653-665, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6467

ABSTRACT

Digital forensic tools constitute the indispensable epistemological bridge between latent electronically stored information and admissible evidence in a court of law. This chapter advances a comprehensive technical and jurisprudential analysis of the four generational epochs of digital forensic tool development — spanning disk-imaging utilities of the 1990s, network and volatile-memory forensics of the early 2000s, the mobile-device and cloud extraction paradigm of the 2008–2018 decade, and the contemporary era of Artificial Intelligence and Machine Learning-driven forensic analytics — and critically evaluates their corresponding legal ramifications within the Indian criminal justice architecture. The analysis demonstrates that while forensic tool capabilities have advanced through four distinct and increasingly complex technological generations, the Indian evidentiary framework — most notably Sections 65A and 65B of the Indian Evidence Act, 1872, and their successor provisions under the Bharatiya Sakshya Adhiniyam (BSA), 2023 — has remained tethered to procedural hardware authentication rather than demanding substantive scientific validation of the software algorithms employed. Drawing upon comparative analysis of the United States’ Daubert standard, the NIST Computer Forensics Tool Testing (CFTT) programme, and the epistemological debate between open-source and proprietary forensic paradigms, the chapter identifies a structural validation deficit at the heart of Indian digital evidentiary doctrine. It further examines the constitutional tensions generated by memory forensics under Article 21 of the Indian Constitution as interpreted in K.S. Puttaswamy v. Union of India (2017), the sovereignty challenges posed by cloud-based evidence extraction, and the profound “algorithmic black box” crisis introduced by AI forensics into courtroom admissibility standards. The chapter concludes with a normative argument for the immediate legislative establishment of an independent Digital Forensic Tools Regulatory Authority, mandated to conduct mandatory empirical validation of all forensic software prior to its deployment in criminal proceedings, thereby restoring the constitutional integrity of digital evidence in India.

Keywords: Digital Forensic Tools; Electronic Evidence; Section 65B; Bharatiya Sakshya Adhiniyam;

EnCase; FTK; Cellebrite UFED; Volatility Framework; Artificial Intelligence Forensics; Daubert Standard; NIST CFTT; Open-Source Forensics; Cloud Forensics; Algorithmic Black Box; India.

ADVANCING GENDER-INCLUSIVE DEMOCRACY:  CONSTITUTIONAL AND LEGAL CHALLENGES TO WOMEN’S POLITICAL PARTICIPATION IN INDIA WITH REFERENCE TO THE WOMEN’S RESERVATION BILL AND RECENT ELECTORAL REFORMS

AUTHOR – G SHANMUGAPRIYA, AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – G SHANMUGAPRIYA, ADVANCING GENDER-INCLUSIVE DEMOCRACY:  CONSTITUTIONAL AND LEGAL CHALLENGES TO WOMEN’S POLITICAL PARTICIPATION IN INDIA WITH REFERENCE TO THE WOMEN’S RESERVATION BILL AND RECENT ELECTORAL REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 645-652, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

India proudly calls itself the world’s largest democracy, yet there’s an uncomfortable truth we can’t ignore: our Parliament doesn’t look like India. Women make up nearly half our population, but walk into the Lok Sabha and you’ll struggle to find even 15% women representatives. This glaring gap between our democratic ideals and ground reality raises some hard questions about whether our democracy truly represents all of us.

When our Constitution was drafted in 1950, it promised equality for everyone. Articles 14, 15, and 16 explicitly guaranteed that gender wouldn’t be a barrier to opportunity. Article 15(3) even empowered the State to take special steps for women and children. On paper, everything looked perfect. But somehow, seventy-five years later, women’s voices remain conspicuously absent from the halls of power where decisions affecting their lives are made daily.

There was a moment of hope in 1992. The 73rd and 74th Constitutional Amendments changed the game for women in local governance, mandating one-third reservation in Panchayats and municipalities. Overnight, India created over a million elected women representatives at the grassroots level. It wasn’t perfect—we saw challenges like husbands operating as ‘remote controls’ for their wives in office—but it proved that women could lead when given the chance.

The obvious next step? Extend this reservation to state assemblies and Parliament. Simple, right? Not quite. What followed was a 27-year saga that perfectly illustrates how difficult meaningful change can be. The Women’s Reservation Bill was first introduced in 1996. It was blocked, shelved, reintroduced, debated endlessly, and finally—finally—passed in September 2023 as the 128th Constitutional Amendment. The journey from 1996 to 2023 tells us as much about Indian politics as the bill itself.

CORRUPTION AND ADMINISTRATIVE INACTION IN ENVIRONMENTAL GOVERNANCE: A CASE STUDY OF INDUSTRIAL LICENSING AND COIR SECTOR REGULATION

AUTHOR – E KUMAR RAJ* & DR. SINCY WILSON**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – E KUMAR RAJ & DR. SINCY WILSON, CORRUPTION AND ADMINISTRATIVE INACTION IN ENVIRONMENTAL GOVERNANCE: A CASE STUDY OF INDUSTRIAL LICENSING AND COIR SECTOR REGULATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 619-643, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6465

ABSTRACT

This research investigates the pervasive issues of corruption and administrative inaction undermining environmental governance in India, using the coir industry sector in Tamil Nadu as a case study. Despite a robust legal framework—including the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, and judicial doctrines like the precautionary and polluter pays principles—enforcement remains weak due to bureaucratic inefficiencies, corrupt licensing practices, and regulatory failures. Focusing on industrial clusters in Pollachi-Coimbatore, the study highlights environmental degradation from water pollution, groundwater depletion, illegal resource diversion, and waste mismanagement in coir processing. Through doctrinal analysis, historical review, legislative examination, judicial interventions, and comparative insights from the US, EU, and Australia, it identifies institutional gaps exacerbating these problems. Key findings reveal that administrative lapses allow unregulated operations, harming rural communities and ecosystems. Recommendations include enhancing enforcement transparency via digital platforms, inter-agency coordination, stricter anti-corruption measures, public participation, and sustainable practices to bridge the law-implementation divide for effective environmental protection

.Keywords: Environmental governance, Corruption, Administrative inaction, Coir industry, Industrial pollution, Tamilnadu, Groundwater depletion, Judicial activism, Polluter pays principle, Regulatory enforcement  

CROSS-BORDER ARBITRATION CLAUSES IN TECHNOLOGY AND IP AGREEMENTS

AUTHOR – ANUSHKA SINGH, STUDENT AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – ANUSHKA SINGH, CROSS-BORDER ARBITRATION CLAUSES IN TECHNOLOGY AND IP AGREEMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 611-619, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6464

Abstract

The increasing globalization and heavy dependency on digital transactions has resulted in sudden demand in cross-border technology and intellectual property (IP) agreements. There are certain factors that makes cross-border agreements more complex some of them may come from licensing issue, data sharing, and proprietary rights because of involvement of parties belonging to different jurisdictions which may increase the probability of inconsistencies in decisions.

This paper dives into deep analysis of role and importance of cross-border arbitration clauses in the field of technology and IP agreements, through examining and analyzing the essential elements which includes the seat of arbitration, institutional mechanism, legal system by which it is governed, and scope of disputes. Furthermore, it examines the critical issues and challenges that may arise in this domain, specifically those related to arbitrability of IP disputes, interim relief, and protection of sensitive information from public eye, and procedural inconsistencies due to involvement of different jurisdiction.

Moreover, it provides explanation of legal framework on which international arbitration functions, examination of both Indian and international perspectives. Analysis of landmark judgments which contributed in the evolution of arbitration jurisprudence and providing arbitration-friendly regime.

The paper draws conclusion by focusing on the current requirement of harmonization in the field of international arbitration practice in order to provide predictability and consistency in dispute resolution. It also analyses india moving towards global arbitration hub. Overall, the paper gives detailed analysis of cross-border arbitration in the dynamic landscape of technology and IP law.

Keywords: cross-border arbitration, intellectual property (IP), New York Convention, UNCITRAL Model Law Confidentiality, Interim relief, governing law, jurisdictional inconsistencies, enforceability, Indian arbitration framework.

“CRIMINALIZATION OF MARITAL RAPE: A CONSTITUTIONAL PERSPECTIVE IN INDIA” LEGAL SOLUTIONS AND REFORMS

AUTHOR – ASIRWAD VIKAS* & R THENDRALARASI**

* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

** PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – ASIRWAD VIKAS & R THENDRALARASI, “CRIMINALIZATION OF MARITAL RAPE: A CONSTITUTIONAL PERSPECTIVE IN INDIA” LEGAL SOLUTIONS AND REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 607-610, APIS – 3920 – 0001 & ISSN – 2583-2344.

Recognition of the issue of marital rape has prompted legal scholars, courts, and policy bodies to consider various reforms. These reforms focus on strengthening constitutional protections, introducing clear statutory recognition, improving access to justice, and enhancing institutional mechanisms to protect victims, ensuring that the legal system effectively upholds dignity, equality, and personal liberty within marriage.

CORPORATE GOVERNANCE FAILURES AND THEIR IMPACT ON SUSTAINABLE DEVELOPMENT: LESSONS FROM INDIAN CORPORATE SCANDAL

AUTHOR – JUMANA HUSSAIN, LL.M (BUSINESS LAW) AT AMITY UNIVERSITY, NOIDA

BEST CITATION – JUMANA HUSSAIN, CORPORATE GOVERNANCE FAILURES AND THEIR IMPACT ON SUSTAINABLE DEVELOPMENT: LESSONS FROM INDIAN CORPORATE SCANDAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 595-606, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6462

ABSTRACT

                        
Corporate governance is the set of rules that modern businesses follow to make sure they are accountable, open, fair, and make decisions that are moral. In a world where economies are becoming more interconnected and globalised, good corporate governance is no longer only about how a company runs its own business. It is now a key factor in economic stability and long-term growth. Corporate governance in India has changed a lot in the last few decades, especially after the economy opened up in the 1990s. The Companies Act of 2013 and the Securities and Exchange Board of India (SEBI) are two examples of laws and regulations that have tried to improve governance standards and bring them in line with best practices around the world. Even with these improvements, ongoing corporate scandals have shown that governance systems still have problems, which makes people worry about how well they work in real life.

Failures in corporate governance in India have shown time and time again how systemic problems such as a lack of transparency, poor board monitoring, regulatory failures, and unethical behaviour may cause big financial problems and institutional breakdowns. These mistakes go beyond just losing money right away; they also have a big effect on long-term development. When businesses do things that are dishonest or irresponsible, it hurts sustainable development, which is the balanced combination of economic growth, environmental protection, and social fairness. Corporate scandals undermine investor confidence, disrupt financial markets, diminish public faith in institutions, and frequently lead to detrimental societal outcomes, including unemployment, loss of public funds, and economic instability.

This article conducts an extensive socio-legal examination of corporate governance problems in India, emphasising their effects on sustainable development. It critically analyses significant corporate scandals, such as the Satyam Computer Services fraud, the Infrastructure Leasing & Financial Services (IL&FS) crisis, and the Punjab National Bank (PNB) fraud, using them as case studies to expose structural and regulatory deficiencies. The report delineates persistent patterns of governance failure, encompassing the manipulation of financial statements, inadequate internal controls, regulatory arbitrage, and the collapse of independent oversight systems.

The research employs a doctrinal methodology, depending on a comprehensive examination of statutory provisions, regulatory frameworks, court decisions, and policy documents. It also uses secondary sources like academic papers, committee reports, and expert analyses to put the concerns in a bigger conversation about governance and sustainability. The paper aims to connect corporate governance theory with its real-world effects by combining legal analysis with socio-economic factors.

The study finds that India’s legal and regulatory framework for corporate governance is rather strong, but these systems don’t always perform well because of inadequate enforcement, a lack of accountability, and a culture of unethical behaviour in businesses. The ongoing failures in governance show how important it is to take a more proactive and integrated strategy that goes beyond just following the rules. In this regard, the paper stresses the need to improve institutional monitoring, give boards and auditors more power and independence, and create a culture of ethical responsibility in businesses. It also stresses the importance of including Environmental, Social, and Governance (ESG) principles in corporate decision-making so that business practices help long-term sustainable development in a meaningful way.

KEYWORDS: Corporate Governance; Sustainable Development; Corporate Fraud; Accountability; Transparency; India; CSR; ESG; Regulatory Framework; Corporate Ethics.

CENTRAL BANK DIGITAL CURRENCY (CBDC) AND ITS IMPACT ON MONETARY SOVEREIGNTY

AUTHOR – NAVAMI ANILKUMAR, AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – NAVAMI ANILKUMAR, CENTRAL BANK DIGITAL CURRENCY (CBDC) AND ITS IMPACT ON MONETARY SOVEREIGNTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 587-594, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6461

ABSTRACT

The introduction of Central Bank Digital Currency (CBDC) is a game-changer in the world of global money. Given the digital realm reforming monetary systems, central banks are getting keen on CBDCs to offer a state-backed alternative to private digital currencies and payment systems. This paper aims at carrying out a brief analysis of CBDCs and their impact on monetary sovereignty in view of globalization, technological disruption and rising decentralized finance. Central Bank Digital Currencies (CBDCs) hold promise for bolstering the state’s monetary policy. However, they also pose various challenges to the financial stability of states and cross-border payments involving CBDCs. The study also mentions the changing character of the role of central banks such as the Reserve Bank of India and compares international approaches like the digital yuan of China and the digital euro of the European Union. The paper concludes that CBDCs represent an instrument to strengthen monetary sovereignty as well as a catalyst to redefine monetary sovereignty in the digital age.