PRIVACY ISSUES: CONSTITUTIONAL IMPLICATIONS OF POLYGRAPH TESTS IN INDIAN LAW ENFORCEMENT INVESTIGATIONS

AUTHOR – REHATJIT KAUR, PH.D RESEARCHER AT RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, INDIA

BEST CITATION – REHATJIT KAUR, PRIVACY ISSUES: CONSTITUTIONAL IMPLICATIONS OF POLYGRAPH TESTS IN INDIAN LAW ENFORCEMENT INVESTIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 871-882, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With the evolution of society and technology, the offenders of crimes are finding ways to get away with heinous crimes. The crime investigation system relies upon perceivable evidence and is not trained for investigation, which includes the tools of forensic science, making it easier for the offenders to hide their crimes. The increase in the heinous crime rate reflects the failure of the deterrent theory of punishment. Forensic science assists crime investigations by analyzing physical evidence, such as DNA, fingerprints, and ballistics, helping to establish facts, identify suspects, and support legal proceedings. Although India does not have any specific legislation on the use of forensic tools in crime investigation, Bhartiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 deal with how forensic evidence can be recorded and presented before the Court of Justice. Many countries worldwide have started using these tools in crime investigation, but numerous contagious issues arise concerning the use of such methods. Applying the polygraph test, one of the forensic tools gives an edge in investigation and development in the field and would restore the faith and trust of the public in the justice system. The privacy issues always revolve around the use of polygraph tests, which are beautifully protected by the fundamental rights inculcated in the Constitution of India, and then the apex court of the country has also put forth some guidelines through precedents.

Keywords: crime investigation, forensic science, polygraph test, right to privacy.

UNIFORM CIVIL CODE IN INDIA: A PATH TO LEGAL UNIFORMITY OR A CHALLENGE TO DIVERSITY?

AUTHOR – MANAN BADAMIYA & KARTIK KAMTE, STUDENT AT KES SHRI JYANTILAL H PATEL LAW COLLEGE

BEST CITATION – MANAN BADAMIYA & KARTIK KAMTE, UNIFORM CIVIL CODE IN INDIA: A PATH TO LEGAL UNIFORMITY OR A CHALLENGE TO DIVERSITY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 866-870, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s Uniform Civil Code (UCC), which stands at the intersection of legal uniformity and cultural variety, has long been a topic of legal, social, and political discussion. The UCC, as envisioned in Article 44 of the Directive Principles of State Policy, seeks to establish a common set of civil laws pertaining to marriage, divorce, inheritance, and adoption in order to replace religiously based personal laws. Opponents worry that the UCC may jeopardize religious liberties and upend India’s pluralistic character, while supporters contend that it would advance gender justice, equality, and national unity. This essay looks at the UCC’s development over time, significant court rulings, and conflicting viewpoints about its application. It assesses whether a unified legal system is feasible in a nation with a wide range of personal laws and long-standing religious customs. In order to determine whether the UCC is a practical answer for legal consistency or a threat to India’s multicultural fabric, the article also examines recent developments, such as government efforts and legal commissions. Lastly, it looks at possible reform avenues that strike a compromise between diversity appreciation and legal coherence.

BRIDGING THE DIVIDE: THE EVIDENT REGIONAL AND GLOBAL CONSTITUTIONALISM

AUTHOR – RAJ PATEL, STUDENT AT SCHOOL OF LAW, ITM UNIVERSITY, NAYA RAIPUR (C.G.)

BEST CITATION – RAJ PATEL, BRIDGING THE DIVIDE: THE EVIDENT REGIONAL AND GLOBAL CONSTITUTIONALISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 861-865, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper efficiently and actively deals with the concepts of Regional and Global Constitutionalism with disparities, collaborations, and various evident insights. Constitutionalism, the principle that governance is determined by a body of laws or to be said the “Rule of Law”, serves as a fundamental mechanism to prevent arbitrary rule and ensure public rights. With the concept of domestic frontiers, the approaches and systems of Regional and Global Constitutionalism emerge. The idea of Regional constitutionalism emphasizes addressing local needs and geographic variations within specific areas, whereas Global constitutionalism relates to the application of principles like justice, equality, and liberty to mankind. Bridging the divide between these two significant frameworks involves addressing tensions, overlaps, and collaborations, which require innovative legal mechanisms, open discussions, and vigorously acting institutions. By setting up dialogues and conventions, aligning systems across the globe, and empowering the marginalized nation’s voices, this paper advocates for a connected and just constitutional order that reflects the needs and rights of all individuals.

KEYWORDS: Constitutionalism, Rule of Law, Uniform Governance, Legal Mechanisms, Global and Regional Institutions

THE UNIFORM CIVIL CODE: SAME-SAME; BUT DIFFERENT

A CRITICAL ANALYSIS OF UCC IN GOA AND UTTARAKHAND

AUTHORS – SHASHYAK ROY, ARYAN AGARWAL & DIYA NARESH CHANGWANI, STUDENTS AT WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES

BEST CITATION – SHASHYAK ROY, ARYAN AGARWAL & DIYA NARESH CHANGWANI, THE UNIFORM CIVIL CODE: SAME-SAME; BUT DIFFERENT, A CRITICAL ANALYSIS OF UCC IN GOA AND UTTARAKHAND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 849-860, APIS – 3920 – 0001 & ISSN – 2583-2344.

1.Introduction

The concept of a Uniform Civil Code (herein referred to as UCC) is not a new concept for India, in fact it has been a part of the vision of our forefathers.^[1] An Uniform Civil Code creates a singular law governing all personal matters in the country, i.e. marriage, inheritance etc.^[2] This would be opposed to the status quo, which involves different codes for different religions practiced in our country. Therefore, one of the benefits to introducing such a Code on a nationwide level involves uniformity for all religions in the eyes of law. There are, however, several issues with the implementation of the same. Much of the population has expressed concerns for the same, including but not limited to, curbing the right of citizens to freely practice religion. The concept, thus, is one that remains a hotly debated one. The Uniform Civil Code aims to make personal laws less patriarchal if implemented in different states.

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[1] The Constitution of India, 1950, Art. 44.

[2] Id.

BALANCING NATIONAL SECURITY AND CIVIL LIBERTIES: RETHINKING AFSPA IN THE CONTEXT OF COUNTERTERRORISM IN MANIPUR

AUTHORS – HIJAM ROSHAN SINGH¹ & DR. S. JAMES²

¹ PHD RESEARCH SCHOLAR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTRANATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA

² PROFESSOR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA

BEST CITATION – HIJAM ROSHAN SINGH & DR. S. JAMES, BALANCING NATIONAL SECURITY AND CIVIL LIBERTIES: RETHINKING AFSPA IN THE CONTEXT OF COUNTERTERRORISM IN MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 844-848, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Armed Forces (Special Powers) Act (AFSPA) has been a subject of intense debate in India, particularly in conflict-prone regions like Manipur. While it grants extraordinary powers to security forces to combat insurgency, it has also raised concerns about human rights violations and the erosion of civil liberties. This paper critically examines AFSPA in the context of counterterrorism efforts in Manipur, analyzing its effectiveness, legal and ethical dimensions, and its impact on the civilian population. It explores the balance between national security imperatives and fundamental rights, drawing on case studies, legal frameworks, and policy perspectives. The study advocates for a nuanced approach that ensures both security and justice, proposing reforms that align counterterrorism strategies with democratic principles and human rights where it has been implemented to combat insurgency and maintain national security. This abstract explores the delicate balance between ensuring national security and protecting civil liberties within the context of AFSPA and counterterrorism efforts in Manipur. It examines the historical background of AFSPA, its implications on human rights, and the local populace’s grievances against its enforcement. Additionally, the abstract considers alternative approaches to counterterrorism that uphold democratic values and human rights while effectively addressing security concerns. By analyzing case studies and alternative frameworks, this discourse advocates for a rethinking of AFSPA to foster a more just and secure environment in Manipur, highlighting the need for policies that respect the dignity of individuals while ensuring the safety of the state. ¹

Keywords: AFSPA, National Security, Civil Liberties, Counterterrorism, Human Rights.

“LEGAL DYNAMICS OF THE PLEA OF ALIBI UNDER THE BHARATIYA SAKSHYA ADHINIYAM 2023”

AUTHOR – NUSRAT ALI RIZVI, ASSISTANT PROFESSOR AT GOVT. LAW COLLEGE, GWALIOR, M.P. EMAIL: ALINUSRAT9@GMAIL.COM

BEST CITATION – NUSRAT ALI RIZVI, “LEGAL DYNAMICS OF THE PLEA OF ALIBI UNDER THE BHARATIYA SAKSHYA ADHINIYAM 2023”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 836-843, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Plea of alibi is an important defence in criminal jurisprudence, where the accused can prove his absence at the time and place of commission of the alleged offence. Bharatiya Sakshya Adhiniyam, India’s new evidence law has made substantial changes to the legal position regarding the plea of alibi, making it in line with modern judicial thoughts and technological inputs. This article analyses the changing legal dynamics of alibi plea under section 9 of the BSA 2023, marking its procedural framework, evidential significance, and judicial interpretations. The BSA 2023 maintains the content of Section 11 of the Indian Evidence Act, 1872, identifying alibi as a fact negating the guilt of an accused person in a crime. Yet the new act puts greater evidentiary pressures on the defence, calling upon them to deliver tangible, supportive evidence and not just assertions. The onus of proof, while generally residing with the prosecution to prove beyond reasonable doubt that the accused committed the offence, requires the accused to support the alibi by tangible documentary or electronic evidence. In addition, the judiciary’s response under BSA 2023 indicates a move towards a technology-based evaluation of alibi claims, with courts increasingly using digital traces, CCTV images, and geolocation information. The rule that an alibi should be raised at the earliest opportunity remains in place, deterring spurious defences at subsequent stages of trial. Moreover, courts currently examine alibi pleas alongside circumstantial evidence to ensure an even and just assessment of truth. This Article critically examines the pivotal judicial statements and legislative provisions, providing an understanding of the challenges and opportunities in adjudicating alibi pleas in India’s changing legal framework. It highlights the imperative of clarity in evidentiary standards and prevention against abuse, upholding justice while ensuring procedural integrity.

Keywords: Plea of Alibi, Criminal Law, Burden of Proof, Criminal Justice, Indian Judiciary.

EUTHANASIA IN INDIA-A CRITICAL EXAMINATION OF ITS LEGAL AND ETHICAL DIMENSIONS

AUTHOR – DR RAJESH KUMAR VERMA* & BANDANA SINGH **

* ASSOCIATE PROFESSOR (LAW) AT SCHOOL OF LEGAL STUDIES, BABU BANARASI DAS UNIVERSITY, LUCKNOW, UTTAR PRADESH

** ADVOCATE AT LUCKNOW BENCH, HIGH COURT OF ALLAHABAD, LUCKNOW, U.P.

BEST CITATION – DR RAJESH KUMAR VERMA & BANDANA SINGH, EUTHANASIA IN INDIA-A CRITICAL EXAMINATION OF ITS LEGAL AND ETHICAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 828-835, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Euthanasia, or “mercy killing,” is a contentious subject in India, entailing significant legal and ethical challenges. While passive euthanasia was legalized by the Supreme Court in Aruna Shanbaug v. Union of India (2011) and reaffirmed in Common Cause v. Union of India (2018), active euthanasia remains illegal. The ethical debate revolves around personal autonomy, the sanctity of life, and the risk of coercion. A comparative analysis with countries like the Netherlands and Canada highlights India’s restrictive approach. Challenges include legal ambiguities, inadequate palliative care, and socio-cultural opposition. Future prospects suggest the need for comprehensive legislation, stronger safeguards, improved healthcare infrastructure, and enhanced public awareness to ensure euthanasia laws uphold both dignity and ethical integrity.

PROXY WAR AND INSURGENCY IN NORTHEAST INDIA: ANALYZING THE STRATEGIC AND SECURITY IMPLICATIONS OF FOREIGN INFLUENCE

AUTHORS – HIJAM ROSHAN SINGH¹ & DR. S. JAMES²

¹ PHD RESEARCH SCHOLAR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTRANATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA

² PROFESSOR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA

BEST CITATION – HIJAM ROSHAN SINGH & DR. S. JAMES, PROXY WAR AND INSURGENCY IN NORTHEAST INDIA: ANALYZING THE STRATEGIC AND SECURITY IMPLICATIONS OF FOREIGN INFLUENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 822-827, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

 This paper explores the strategic dimensions of proxy wars in the Northeast India, focusing on foreign interventions, cross-border sanctuaries, and arms trafficking. It examines the role of neighbouring states such as China, Myanmar, Bangladesh, and Pakistan in fuelling insurgency, directly or indirectly, through logistical and ideological support.  The situation regarding proxy warfare involving the Indo-Myanmar adjoining boarders and the use of Zo-Kuki militants in the Indo-Myanmar border regions, particularly in Naga villages like Wanglee in Kamjong District, Manipur is both complex and tragic. Allegations have emerged that the Assam Rifles have collaborated with certain militant groups to further their strategic objectives, resulting in violence against innocent civilians. This proxy warfare approach has led to a cycle of retribution and conflict, exacerbating the already tense relations among different ethnic communities in the region. In areas such as Wanglee, civilians have faced dire consequences, including displacement, loss of life, and the destruction of property due to clashes instigated by these proxy operations. The involvement of Zo-Kuki militants, allegedly supported by state forces, has intensified fears within local populations, who find themselves caught between insurgent activities and military operations. The situation raises critical questions about the ethics of using proxy forces in counterinsurgency operations and the impact of such strategies on civilians. It underscores the urgent need for accountability and oversight to prevent further human rights violations while addressing the underlying issues of ethno-nationalism and separatist sentiments that fuel the ongoing insurgency. Overall, the reliance on proxy forces not only undermines trust in government institutions but also perpetuates a cycle of violence that severely affects the lives of innocent people in these vulnerable border regions.

Keywords: Proxy war, insurgency, northeast India, foreign influence, security, insurgency.

A CRITICAL ANALYSIS OF SAHARA INDIA REAL ESTATE CORPORATION LIMITED (SIRECL) & ORS. VS. SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR

AUTHOR: DIVYANSH BHARGAVA, ASSISTANT PROFESSOR, RABINDRANATH TAGORE UNIVERSITY, BHOPAL CONTACT: BHARGAVA99DIVYANSH@GMAIL.COM, 9685392498

BEST CITATION – DIVYANSH BHARGAVA, A CRITICAL ANALYSIS OF SAHARA INDIA REAL ESTATE CORPORATION LIMITED (SIRECL) & ORS. VS. SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 817-821, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The case^[1] is considered as a milestone decision in the area of the SEBI power & jurisdiction in cases of corporate capital raising in which investor trust is entrusted. According to SEBI, nearly 23 million people, including peasants, labourers, cobblers, artisans, and others, have invested in this scam. On August 31, 2012, the Hon’ble Apex Court issued one of its most anticipated rulings, ordering the Sahara Group & its 2 entities, SIRECL & SHICL, to provide a Rs 17,400 crores repayment to its persons who invest in a said companies within 3 months of the order’s date, plus 15% interest. While confirming the SAT’s findings, the Hon’ble Apex Court have also directed SEBI to investigate the case & identify the genuine investor base who is a member of the Optionally Fully Convertible Debentures (OFCDs) sold by the 2 entities, SIRECL & SHICL.

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[1] Sahara India Real Estate Corp. Ltd. & Ors. vs. SEBI & Anr., (2013) 1 SCC 1

FINANCING THE GLOBAL CLIMATE AGENDA: THE CONTRIBUTION OF INTERNATIONAL FINANCIAL INSTITUTIONS – AN INTERNATIONAL LAW PERSPECTIVE

AUTHOR – AARYA BANKAR, STUDENT AT MODERN LAW COLLEGE, PUNE

BEST CITATION – AARYA BANKAR, INVESTIGATING THE RELATIONSHIP BETWEEN DIET AND MENTAL HEALTH IN ADULT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 811-816, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The escalating climate crisis necessitates unprecedented financial mobilization to support mitigation and adaptation efforts globally. International Financial Institutions (IFIs), such as the World Bank Group, the International Monetary Fund (IMF), and regional development banks, play a crucial role in channelling these funds. This article examines the contribution of IFIs to financing the global climate agenda from an international law perspective. It analyses the legal frameworks governing IFI operations, their evolving climate finance mandates, and the challenges they face in ensuring effective and equitable climate action. The article argues that while IFIs possess significant financial leverage, their actions must be aligned with the principles of international environmental law, including common but differentiated responsibilities and respective capabilities (CBDR-RC), and must prioritize the needs of vulnerable states and communities.