RECONCILING DEVELOPMENT AND INDIGENOUS AUTONOMY: A CRITICAL ANALYSIS OF THE FOREST RIGHTS ACT, 2006

AUTHOR – RITIKA GUPTA* & PROF. UJJWAL KUMAR**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RITIKA GUPTA & PROF. UJJWAL KUMAR, RECONCILING DEVELOPMENT AND INDIGENOUS AUTONOMY: A CRITICAL ANALYSIS OF THE FOREST RIGHTS ACT, 2006, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 234-239, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

One such revolutionary legislation is Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act, 2006), which is intended to right historic injustices against forest-living Scheduled Tribes, and other traditional forest communities, in India. This paper addresses the conflict between the development and the autonomous choice of indigenous people in the context of the Act critically. Although, the law acknowledges the existence of community and individual rights on forest land and resources, its enforcement has indicated a lot of challenges, which include obstacles in the bureaucracy, clashes with the community conservation policies, and the conflicting development agendas like the mining industry and the development of infrastructure. The article assesses the effectiveness of the Act in empowering indigenous communities or is it a form of limitation by its structure and institutions. Through interpretation of judgment cases, policy trends, and realities on the ground, the paper asserts that to balance development and self-sufficiency of indigenous people, a more participatory, rightful approach must be adopted that places greater emphasis on community approval and sustainable methods of governance.

“EVOLVING JURISPRUDENCE UNDER THE PMLA: AN ANALYSIS OF JUDICIAL EXPANSION OF ENFORCEMENT POWERS IN INDIA”

AUTHOR- ANUBHAV KUMAR PRAJAPATI* & AMBAR SRIVASTAVA**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – ANUBHAV KUMAR PRAJAPATI & AMBAR SRIVASTAVA,“EVOLVING JURISPRUDENCE UNDER THE PMLA: AN ANALYSIS OF JUDICIAL EXPANSION OF ENFORCEMENT POWERS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 224-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The PMLA, 2002 (PMLA) was basically an anti, money, laundering legislation that after the intervention of the judiciary, by way of interpretation, expanded the scope and powers of the ED drastically and thus, has become one of the most stringent frameworks for enforcement in India. The courts, by way of judicial pronouncements and most importantly by the judgment in the matter of Vijay Madanlal Choudhary v. Union of India, have sustained the broad powers of the ED which included the secrecy of the ECIR, the bail being granted under strict conditions as per Sec 45, the statements recorded under Section 50 being judicially recorded and a vast network for attachment and confiscation being envisaged by the ED. These verdicts are meant to improve India’s adherence to the worldwide AML standards. However, they provoke a significant number of questions about due process, presumption of innocence, proportionality, as well as the risk of misuse of the authority side, to be raised under constitutional law. Opponents maintain that the court’s decisions in favour of the ED have allowed the creation of a system that is heavy on enforcement but has very few procedural safeguards. This article reflects on how the case law has led to the increased powers of the ED, whereby the ED can act without many restrictions. It also points out the constitutional issues that arise with this expansion of ED powers and further evaluates if the current interpretive trajectory is able to strike a balance between national security objectives and fundamental rights satisfactorily. The article ends with a proposal for the PMLA to be reformed so as to ensure a more transparent, accountable, and rights, centric enforcement regime.

“SOCIAL JUSTICE AND SOCIAL SECURITY FOR UNORGANISED WORKERS: A LEGAL STUDY OF THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008 AND THE CODE ON SOCIAL SECURITY, 2020”

AUTHOR – RUDRANSH MONDAL* & DR. KHALEEQ AHMAD**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – RUDRANSH MONDAL & DR. KHALEEQ AHMAD A, “SOCIAL JUSTICE AND SOCIAL SECURITY FOR UNORGANISED WORKERS: A LEGAL STUDY OF THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008 AND THE CODE ON SOCIAL SECURITY, 2020”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 214-223, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The​‍​‌‍​‍‌​‍​‌‍​‍‌ unorganised sector makes up almost 90 percent of the Indian workforce but its access to social security is still fragmented, insufficient, and mostly non-enforceable. Social justice for such a huge number of workers requires a strong legal framework that goes beyond welfare schemes and towards rights-based entitlements. This paper closely looks at the Unorganised Workers’ Social Security Act, 2008 (UWSSA), and the Code on Social Security, 2020 (SS Code) to see whether these legal provisions align with the constitutional mandate under Articles 14, 21, 38, 39, 41 and 43.

The 2008 Act was a landmark in recognising unorganised workers but had weak institutional design, ineffective registration mechanisms, and lacked a mandatory employer liability provision, hence it had limited real-world impact. The Social Security Code, 2020 tries to fill these holes by consolidating labour laws, increasing coverage, launching digital registration, and formally recognising gig and platform workers for the first time. Nevertheless, there remain issues such as ambiguous definitions, voluntary nature of most benefits, lack of financing, and enforcement mechanisms.

By doctrinal analysis, case law review, and policy comparison, this article contends that the 2020 Code is a step forward, but still not enough to fully realize the constitutional vision of social justice. The paper suggests reforms that aim at strengthening rights-based entitlements, ensuring portability of benefits, specifying employer responsibilities, and facilitating access of migrant and gig workers to create a socially secure India that is fair and ​‍​‌‍​‍‌​‍​‌‍​‍‌inclusive.

CRYPTOCURRENCY EXCHANGES AS “DIGITAL GATEKEEPERS”: NEED FOR A COMPETITION FRAMEWORK UNDER THE COMPETITION ACT, 2002

AUTHOR – PRATYUSH* & MR. KHALEEQ AHMAD**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – PRATYUSH & MR. KHALEEQ AHMAD, CRYPTOCURRENCY EXCHANGES AS “DIGITAL GATEKEEPERS”: NEED FOR A COMPETITION FRAMEWORK UNDER THE COMPETITION ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 204-213, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid emergence of crypto exchanges in India has revolutionized the digital financial environment. These exchanges serve as the primary intermediaries between users and crypto assets. The rapid growth in trading volume and expansion of exchanges beyond simple trading platforms into wallets, payment gateways, and token issuance, are bestowing “digital gatekeeper” characteristics upon these platforms akin to major tech firms. The issues pertaining to competition law and the growing gatekeeper role, within the Competition Act of 2002 are serious in nature relating primarily to market definition, assessment of dominance, and possible exploitative or exclusionary practices of the firms. Practices such as self- preferencing of token listings, discriminatory access to liquidity, predatory pricing, high switching costs and the exploitation of customer data for a competitive advantage, highlight the problematic nature of crypto markets and necessitate a bespoke competition framework for them.

The existing Indian regulatory landscape is still divided between different authorities-the RBI, SEBI, MeitY, and CCI have competing jurisdictions with no definitive classification of crypto assets as goods, securities or digital commodities. Furthermore, the traditional ex-post competition enforcement framework under the Competition Act 2002, has not fully managed to address innovative practices like algorithmic trading, network effects, rapid market concentration of crypto platforms, and therefore there is an increased emphasis on developing proactive ex-ante frameworks, similar to the EU’s Digital Markets Act or the UK’s Digital Markets Unit.

In this article, a separate competition policy regime for Indian crypto exchanges is suggested which would implement measures like transparency obligations, interoperability mandating, data portability, and stricter merger controls to address the misuse of power by gatekeepers, promote consumer welfare, and maintain an innovative and competitive digital finance sector.

Keywords: Cryptocurrency Exchanges, Digital Gatekeepers, Competition Law, Blockchain Regulation, Competition Act, 2002

THE EVOLUTION OF AIR LAW: COMPARATIVE LEGAL FRAMEWORK GOVERNING UAVS IN INDIA, USA, AND TURKEY

AUTHOR – DEVENDER YADAV* & DR. ANIL DIXIT**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – DEVENDER YADAV & DR. ANIL DIXIT, THE EVOLUTION OF AIR LAW: COMPARATIVE LEGAL FRAMEWORK GOVERNING UAVS IN INDIA, USA, AND TURKEY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 197-203, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Unmanned Aerial Vehicles (UAVs) or drones have been rapidly developed and have revolutionized the modern aviation industry with new possibilities in commerce, surveillance, agriculture, logistics, disaster management, and defensive purposes. Nevertheless, their growing adoption have presented complicated law enforcement issues associated with aircraft sovereignty, privacy, safety, liability, and national security. The conventional air law systems that were developed through the instrumentation of the Chicago Convention, which was aimed at manned aircrafts, has been forced to change to incorporate the autonomous and remotely piloted systems. This paper will be discussing the comparative legal frameworks of UAVs in India, United States and Turkey. It examines regulatory advances, licensing frameworks, operation controls, privacy protection, and enforcement tools that have been embraced in these jurisdictions. The analysis of the differences and similarities between the focus on innovation and security and safety of the people is identified in the study. It proposes that the key to ensuring sustainable development of the drone technology in the domestic and international aviation law is harmonized and adaptive regulations of UAVs.

BIOMETRIC SOVEREIGNTY AND CONSTITUTIONAL BORDERS: THE RIGHT TO PRIVACY AND THE AADHAAR SCHEME IN INDIA

AUTHOR – GOPESH* & DR. UJJWAL KUMAR SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – GOPESH & DR. UJJWAL KUMAR SINGH,BIOMETRIC SOVEREIGNTY AND CONSTITUTIONAL BORDERS: THE RIGHT TO PRIVACY AND THE AADHAAR SCHEME IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 189-196, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In this chapter, the author discusses the constitutional conflict between the Aadhaar scheme in India, the largest biometric identification programme in the world that has registered more than 1.3 billion residents of the country, and the right to privacy as unanimously enshrined by a nine-judge bench of the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1. The chapter uses a doctrinal-analytical approach to trace the constitutional history of informational privacy since the early controversial decisions of M.P. Sharma v. Satish Chandra, (1954) SCR 1077 and Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295, up to the Puttaswamy trilogy and the later statutory developments. This analysis questions the three-fold test of Puttaswamy proportionality – including legality, legitimate aim, and proportionality – against the structural design of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the struck-down Section 57, the disputed classification of money bill, and the progressive expansion of the scheme beyond its original welfare purpose. The chapter also evaluates the Digital Personal Data Protection Act, 2023 as a legislative effort to address the post-Puttaswamy constitutional imperative in India, with key weaknesses in the sensitive data classification, its broad national security exception and the institutional independence of the proposed Data Protection Board. The EU experience under the General Data Protection Regulation and European Court of Human Rights jurisprudence help highlight the disconnect between the constitutional aspirations of India and its current regulatory situation. The chapter ends by making specific legislative reform and independent institutional design recommendations to make sure that Aadhaar is not working outside the constitutional permissible limits.

Keywords: Right to Privacy; Aadhaar; Biometric Data; Informational Privacy; Puttaswamy; DPDP Act 2023; Proportionality; Surveillance State

ROLE OF MENS REA IN CRIMINAL BREACH OF TRUSTAND CRIMINAL MISAPPROPRIATION OF PROPERTY

AUTHOR – MR. PARAS YADAV & MANYA AGGARWAL

* STUDENT AT IILM UNIVERSITY, GREATER NOIDA

** PROFESSOR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – MR. PARAS YADAV & MANYA AGGARWAL, ROLE OF MENS REA IN CRIMINAL BREACH OF TRUSTAND CRIMINAL MISAPPROPRIATION OF PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 184-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal maxim ‘Actus non facit reum nisi mens sit rea’, meaning that an act does not make a person guilty unless the mind is also guilty, lies at the very heart of the Indian criminal jurisprudence. Nowhere is this principle more consequential than in the law of property offences, where identical external conduct may constitute either a civil wrong or a criminal act, with the presence or absence of mens rea as the sole determinant.

This paper examines the role of dishonest intention, the operative form of mens rea, in the two cognate offences of Criminal Breach of Trust (CBT) under Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (formerly Section 405 of the Indian Penal Code, 1860) and Criminal Misappropriation of Property (CMP) under Section 314 BNS (formerly Section 403 IPC). Through an analysis of the statutory framework, judicial interpretation, and the distinction between civil liability and criminal culpability, the paper argues that dishonest intention is not merely one ingredient among many but the constitutive element that animates both offences.

THE CONCEPT OF LEGITIMATE EXPECTATION IN ADMINISTRATIVE LAW

AUTHOR – SREE PARVATHAVARTHINI SK, STUDENT AT SCHOOL OF LAW, JUSTICE & GOVERNANCE, GAUTAM BUDDHA UNIVERSITY GREATER NOIDA, UTTAR PRADESH -201312

BEST CITATION – SREE PARVATHAVARTHINI SK, THE CONCEPT OF LEGITIMATE EXPECTATION IN ADMINISTRATIVE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 178-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The doctrine of legitimate expectation is a significant development in administrative law, serving as a mechanism to control the arbitrary exercise of power by public authorities. It operates as a bridge between fairness and legality by ensuring that individuals are treated in accordance with representations, promises, or established practices of administrative bodies. Though not a legal right in the strict sense, it has evolved into a crucial ground of judicial review. This paper examines the origin, development, scope, and limitations of the doctrine, with particular focus on its application in India and comparative insights from the United Kingdom. It also critically evaluates its effectiveness in ensuring administrative accountability.

Keywords: legitimate expectation, arbitrary, fairness, administrative bodies, judicial review, administrative accountability

BAILMENT UNDER THE INDIAN CONTRACT ACT, 1872: A CRITICAL STUDY OF THE RIGHTS AND DUTIES OF BAILOR AND BAILEE

AUTHOR – HRITIK KUMAR SINGH, STUDENT AT LLOYD LAW COLLEGE (LLC)

BEST CITATION – HRITIK KUMAR SINGH, BAILMENT UNDER THE INDIAN CONTRACT ACT, 1872: A CRITICAL STUDY OF THE RIGHTS AND DUTIES OF BAILOR AND BAILEE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 168-177, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Bailment is a cornerstone of the Indian law of contract, governing the temporary transfer of possession of movable goods without any corresponding transfer of ownership. Codified under Sections 148 through 181 of the Indian Contract Act, 1872, the doctrine imposes reciprocal rights and duties on the bailor (the person delivering the goods) and the bailee (the person receiving them) to ensure fair dealing and reasonable custody. This paper undertakes a doctrinal examination of the statutory provisions governing bailment, analyses the standard of care expected of the bailee, evaluates the judicial interpretation of bailment through landmark Indian case law, and offers a comparative perspective drawing on English and American common law. The study further assesses the continuing relevance of nineteenth-century bailment provisions to modern commercial activities including transportation, warehousing, logistics, and digital-era service relationships. The analysis concludes that while the statutory framework remains fundamentally sound, evolving commercial practices demand a more nuanced judicial approach to issues such as limitation-of-liability clauses, non-contractual bailment, and the interplay between bailment, tort, and contract.

Keywords—Bailment, bailor, bailee, Indian Contract Act, possession of goods, standard of care, lien, quasi-contract, comparative law, unjust enrichment

EFFECTIVENESS OF THE INFORMATION TECHNOLOGY ACT, 2000 IN ADDRESSING ONLINE SEXUAL HARASSMENT: A CRITICAL STUDY

AUTHOR – SAMYA SINGH* & DR. AISHWARYA SINGH**

* LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – SAMYA SINGH & DR. AISHWARYA SINGH, EFFECTIVENESS OF THE INFORMATION TECHNOLOGY ACT, 2000 IN ADDRESSING ONLINE SEXUAL HARASSMENT: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 162-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid expansion of digital communication platforms has led to a parallel rise in online sexual harassment, posing serious challenges to individual dignity, privacy, and safety. In India, the Information Technology Act, 2000 (IT Act) serves as the primary legislation governing cyber activities. However, its effectiveness in addressing online sexual harassment remains debatable. This paper critically examines the adequacy of the IT Act in dealing with various forms of cyber sexual harassment, including cyberstalking, trolling, non-consensual sharing of intimate images, and online abuse. It explores the interplay between the IT Act and provisions of the Indian Penal Code, evaluates judicial responses, and highlights enforcement challenges. The study further identifies legislative gaps, particularly in addressing emerging technologies and gender-specific harms. By analysing legal, institutional, and societal limitations, the paper argues for a more comprehensive and victim-centric legal framework to effectively combat online sexual harassment in India.