UNDER-TRIAL PRISONERS IN INDIA: ISSUES, CHALLENGES, AND LEGAL PERSPECTIVES

AUTHOR – SAMIKSHA JAYASWAL* & DR. USMAN ULLAH KHAN**

* PHD SCHOLAR AT SHOBHIT UNIVERSITY GANGOH

** ASSISTANT PROFESSOR AT SHOBHIT UNIVERSITY GANGOH, SAHARANPUR

BEST CITATION – SAMIKSHA JAYASWAL & DR. USMAN ULLAH KHAN, UNDER-TRIAL PRISONERS IN INDIA: ISSUES, CHALLENGES, AND LEGAL PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 616-621, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Under-trial prisoners comprise the majority of the prison population in India, which is a matter of grave concern about the delivery of justice, the protection of human rights, and the inefficiency of the system. Despite the constitutional protection of the right to individual liberty and the presumption of the innocence of every individual, the majority of the population remains behind bars without conviction. This paper is a critical analysis of the socio-legal issues related to the detention of under-trial prisoners in India. It also includes the legal provisions and the judicial attitude towards the issue. Finally, the paper concludes with suggestions to ensure the delivery of justice at the earliest and the protection of the fundamental rights of the people.

“SYNTHETIC HARM, REAL CONSEQUENCES: DEEPFAKE SEXUAL ABUSE AND LEGAL INADEQUACIES IN INDIA”

AUTHOR – SHELLY TOMAR, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES(AIALS), NOIDA

BEST CITATION – SHELLY TOMAR, “SYNTHETIC HARM, REAL CONSEQUENCES: DEEPFAKE SEXUAL ABUSE AND LEGAL INADEQUACIES IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 605-615, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction:

This Paper investigates the emerging phenomenon of deepfake sexual abuse as a variant of digital sexual violence, the interplay between technological availability, target vulnerability, and the absence of capable guardianship in facilitating these offenses. The research reveals a troubling correlation between the increasing accessibility of deepfake technologies and the surge in reported incidents of sexual abuse, underscoring a marked vulnerability among victims, particularly marginalized groups. Moreover, this study calls for interdisciplinary collaboration among healthcare providers, law enforcement, and technologists to develop preventative measures and support systems, thereby contributing to a more comprehensive approach to addressing the repercussions of digital sexual violence. By illuminating the mechanisms that facilitate deepfake sexual abuse, the research emphasizes the necessity for policy reforms and educational initiatives aimed at reducing the vulnerabilities of potential targets and enhancing protective measures within digital environments.

The rapid advancement of artificial intelligence and machine-learning technologies has given rise to deepfakes—synthetic media in which a person’s likeness is digitally altered or fabricated. While deepfake technology has legitimate applications, its misuse, particularly in the creation of non-consensual sexually explicit content, has emerged as a serious form of digital sexual abuse. Deepfake sexual abuse predominantly targets women and marginalized groups, infringing upon dignity, privacy, sexual autonomy, and psychological integrity. As advancements in technology increasingly permeate daily life, emerging digital threats such as deepfake sexual abuse have sparked significant scholarly and societal concern, marking a new frontier in the landscape of digital sexual violence. Deepfake technology, which utilizes artificial intelligence to create hyper-realistic but fabricated media, poses unique challenges that complicate traditional understandings of consent, personal integrity, and privacy in the digital sphere. This phenomenon has drastically transformed modes of harassment and abuse, as it facilitates the creation of unauthorized visual representations that can lead to significant psychological and emotional harm for victims^[1]. Despite extensive discourse regarding the implications of digital sexual violence, there remains a glaring lack of comprehensive criminological analysis focusing on deepfake sexual abuse, particularly in understanding its prevalence, mechanisms, and victim experiences. The research problem central to this inquiry revolves around elucidating the criminological factors contributing to the rise of deepfake sexual abuse and how such offenses can be explained using Routine Activity Theory. This theoretical framework posits that crimes occur in the convergence of three essential elements: a motivated offender, a suitable target, and a lack of capable guardianship. Thus, this study will aim to determine how the elements of Routine Activity Theory intersect within the context of digital spaces, leading to the perpetration of deepfake sexual abuse.

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[1] Setyowati RM, Setya Watie ED, ‘MUTED GROUP THEORY Anomalies in Online Gender‑Based Violence Experienced by Women Journalists’ (2024) 3(1) Journal of Social Research 279

THE REGULATORY AMBIGUITY OF ALGORITHMIC CREDIT SCORING IN INDIA

AUTHOR – TULASI RAJESWARI SAHOO, STUDENT AT KIIT SCHOOL OF LAW

BEST CITATION – TULASI RAJESWARI SAHOO, THE REGULATORY AMBIGUITY OF ALGORITHMIC CREDIT SCORING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 598-604, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The early adoption of Automated Decision-Making (ADM) systems in the credit sphere of India has redefined the process of lending, making it more efficient, but at the same time, initiating fears of transparency, subjectivity, and responsibility. Digital lending and AI governance frameworks and the establishment of the Digital Personal Data Protection Act, 2023 (DPDP Act), including briefer and more transparent regulations, are important steps towards regulation and openness. In the present paper, the author critically assesses the claim that these developments – especially, the Significant Data Fiduciary (SDF) classification and new Explainable AI (XAI) requirements are effective in harmonizing the structural black box problem of algorithmic credit scoring.

The discussion has shown that even though SDF requirements like Data Protection Impact Assessment (DPIA), algorithmic auditing, and more robust compliance frameworks are a welcome change to create accountability, the issue of enforceability, explainability, and practical borrower empowerment still exists. The paper holds that the Indian regulatory framework is more input-oriented, with consent and data minimisation as its central points, which do not involve output accountability and fairness of algorithms.^[1]

Keywords- Automated Decision Making, Algorithmic Credit Scoring, Digital Lending in India, Explainable Artificial Intelligence, Significant Data Fiduciary

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[1] Startup Magazine. (2025). RBI releases final framework for AI-driven credit underwriting

FROM SANCTITY OF LIFE TO AUTONOMY: REINTERPRETING ARTICLE 21 IN THE CONTEXT OF EUTHANASIA

AUTHOR – ABHISHEK VARSHNEY, RESEARCH SCHOLAR AT IFTM UNIVERSITY, MORADABAD, U.P.

BEST CITATION – ABHISHEK VARSHNEY, FROM SANCTITY OF LIFE TO AUTONOMY: REINTERPRETING ARTICLE 21 IN THE CONTEXT OF EUTHANASIA INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 588-597, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The question of whether the “right to die with dignity” forms an intrinsic part of the right to life under Article 21 of the Constitution of India has generated sustained constitutional, ethical, and legal debate. While the Supreme Court of India has progressively expanded the scope of Article 21 to include dignity, autonomy, and personal liberty, its approach towards euthanasia reflects a cautious and qualified recognition rather than a definitive endorsement of a substantive right to die. This paper undertakes a doctrinal and analytical examination of the evolving judicial discourse on euthanasia in India, with particular reference to landmark decisions such as Gian Kaur v. State of Punjab, Aruna Ramachandra Shanbaug v. Union of India, and Common Cause v. Union of India.

The study critically evaluates the tension between the principles of sanctity of life and individual autonomy, situating the debate within broader constitutional jurisprudence and bioethical frameworks. It further engages in a comparative analysis of jurisdictions where euthanasia has been legally regulated, assessing their relevance within the Indian socio-legal context. The paper argues that the current legal position in India recognizes passive euthanasia as a procedural safeguard grounded in dignity, but stops short of affirming a full-fledged constitutional right to die.

In conclusion, the paper proposes a structured regulatory framework that balances individual autonomy with necessary institutional safeguards, thereby advancing a nuanced interpretation of Article 21 that aligns with constitutional morality and contemporary societal realities.

Keywords: Article 21; Right to Life; Right to Die with Dignity; Euthanasia; Passive Euthanasia; Constitutional Law; Judicial Interpretation; Autonomy; Bioethics; Living Will; India; Comparative Jurisprudence

MARITAL RAPE IN INDIA: BETWEEN CONSTITUTIONAL MORALITY AND SOCIAL CONSERVATISM

AUTHOR – FAIQAH, LLM STUDENT AT AMITY LAW SCHOOL MUMBAI

BEST CITATION – FAIQAH, MARITAL RAPE IN INDIA: BETWEEN CONSTITUTIONAL MORALITY AND SOCIAL CONSERVATISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 577-587, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I454

Abstract:

The issue of marital rape in India is one of the most debated topics in modern criminal law and constitutional law. Non-consensual sexual acts are seen as crimes under rape laws, but the marital rape exception shows a major legal inconsistency. This paper looks closely at the conceptual, legal, and constitutional aspects of marital rape in India. It focuses on the reasons why it has not been classified as a crime. The discussion highlights the conflict between laws and fundamental rights, especially the rights to equality, dignity, and bodily autonomy. Additionally, the paper compares India’s stance with international perspectives, pointing out the global trend toward classifying marital rape as a crime. The study argues that the ongoing acceptance of the marital rape exception is based not just on legal factors but also on socio-cultural and patriarchal views about marriage. It concludes that real change needs both legal action and a shift in thinking toward individual autonomy within marriage.

Keywords:

Marital Rape, Consent, Bodily Autonomy, Constitutional Law, Gender Justice, Criminal Law, India, Human Rights.

DATA SOVEREIGNTY VS INVESTOR RIGHTS ANALYSING DATA LOCALIZATION MEASURES AS INDIRECT EXPROPRIATION UNDER THE INDIAN MODEL BIT

AUTHOR – ANJALI HIRWANI, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY

BEST CITATION – ANJALI HIRWANI, DATA SOVEREIGNTY VS INVESTOR RIGHTS ANALYSING DATA LOCALIZATION MEASURES AS INDIRECT EXPROPRIATION UNDER THE INDIAN MODEL BIT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 562-576, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The collision between digital sovereignty and international investment law has emerged as one of the most consequential tensions in contemporary legal thought. Due to India’s evolving data localisation architecture, which is basically based on the Reserve Bank of India’s 2018 payment data directive and operationalised through the Digital Personal Data Protection Act 2023, foreign technology investors face significant compliance challenges. In the light of the white Industries and Vodafone arbitral disputes, India’s investment treaty strategy underwent a significant recalibration. This paper analyses whether these actions meet the legal threshold of indirect expropriation under the Indian Model BIT 2016. The study makes the case that, although India’s data localization policies are generally defendable as lawful general regulatory action within the police power tradition, certain structural aspects of these mandates create distinct shortcomings that could be tested in investor-state arbitration. It does this by drawing on international arbitral jurisprudence, doctrinal analysis of treaty text, and comparative regulatory assessment. Targeted legislative and treaty-drafting reforms are proposed to insulate India’s digital sovereignty project from arbitral challenge.

Keywords: Data Localization; Indirect Expropriation; Indian Model BIT 2016; Digital Personal Data Protection Act 2023; Investment Treaty Arbitration; Police Powers Doctrine; Investor-State Dispute Settlement; Regulatory Sovereignty

RIGHT TO STRIKE BY WORKMEN IN THE LIGHT OF FUNDAMENTAL RIGHTS

AUTHOR – KRITHIKA.R, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SCHOOL OF EXCELLENCE IN LAW)

BEST CITATION – KRITHIKA.R, RIGHT TO STRIKE BY WORKMEN IN THE LIGHT OF FUNDAMENTAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 559-561, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

 The right to strike by workers or workers in their place of work is honored as one of the most important means for avenging their grievances. It enables the workers to protest inclusively against their employer in order to bring their issues to notice, especially when there has been a breakdown of normal communication. Strikes are significant as they help correct the balance between capital and labour. still, the right to strike isn’t a Abecedarian Right in India as compared to the rights guaranteed under Part III of the Constitution. This composition analyses the scope of the right to strike and its relationship with Composition 19 of the Constitution. This composition further studies how the right to strike cannot be categorised under freedoms guaranteed under Composition 19(1)(a), Composition 19(1)(b), or Composition 19(1)(c). Also, this composition will further go on to bandy judicial pronouncements of the Supreme Court of India stating that the right to strike by workers isn’t a Abecedarian Right but a statutory right conferred by the council. Later, this composition briefly discusses laws dealing with the Right to Strike, similar to the Industrial Disputes Act, 1947, and the Industrial Relations Code, 2020.

KEY WORDS: Right to Strike, Workmen, Fundamental Rights, Article 19, Collective Bargaining, Industrial Disputes, Labour Law, Trade Unions, Public Interest, Industrial Relations, Statutory Rights, Labour Reforms, Industrial Disputes Act 1947, Industrial Relations Code 2020, Constitutional Law.

BASEL III ENDGAME: A CRITICAL LEGAL ANALYSIS OF CAPITAL ALLOCATION AND GOVERNANCE IN THE EVOLVING BANKING REGULATORY REGIME

AUTHOR – SHWETA ROUT, LLM, KIIT SCHOOL OF LAW

BEST CITATION – SHWETA ROUT, BASEL III ENDGAME: A CRITICAL LEGAL ANALYSIS OF CAPITAL ALLOCATION AND GOVERNANCE IN THE EVOLVING BANKING REGULATORY REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 541-558, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Basel III Endgame is the final phase in the series of regulatory reform measures initiated in response to the global financial crisis. These measures have been principally designed to enhance the soundness, transparency and resilience of the international banking system, altogether. Developed by the Basel Committee on Banking Supervision, these measures introduce significant changes to the capital adequacy standards mainly through the recalibration of risk-weighted assets (RWAs), the restriction of internal risk models, and the imposition of an output floor to promote harmonization in the computation of capital. This article undertakes a detailed legal study of the Basel III Endgame and its ripple effect on capital allocation and corporate governance in the banking sector. Using a doctrinal and comparative research approach, the research looks at both international regulatory systems as well as domestic versions, such as the Indian regulatory regime under the reserve bank of India. It assesses the reorganization of the legal responsibilities of banks by the Endgame reforms, the role of the supervisory activities and the governance arrangements through the establishment of more stringent compliance, disclosure, and risk management provisions. In this paper, the author asserts that on one hand, the Basel III Endgame enhances prudential regulation, decreases systemic risk, and enhances global comparability of banks, on the other hand, it creates the issue of regulatory overreach, compliance overheads, and possible limitations on credit expansion. The challenges are especially severe in the developing economies whereby the banking systems are considered to be a key factor in the development of the economy. In addition, the research paper indicates the existence of jurisdictional differences in the application in leading economies, which can compromise the goal of global regulatory harmonization. It considers that the Basel III Endgame is relevant and should be implemented based on a fair and proportional balance between the aims of financial stability and the need for economic growth. Also, it should allow national regulatory frameworks some degree of flexibility.

Keywords: Basel III, Financial crises, Banking, RBI, Indian Regulatory, Compliance, Disclosure, and Risk management.

LAWFUL INTERCEPTION AND SURVEILLANCE IN TELECOM NETWORKS: BALANCING STATE SECURITY AND FUNDAMENTAL RIGHTS

AUTHOR – RONAK PANWAR* & DR. ANUPRIYA YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – RONAK PANWAR & DR. ANUPRIYA YADAV, LAWFUL INTERCEPTION AND SURVEILLANCE IN TELECOM NETWORKS: BALANCING STATE SECURITY AND FUNDAMENTAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 270-280, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. INTRODUCTION

The boom in telecommunications network and other digital communication technologies has radically changed the way people, do business and are governed. The contemporary world is gradually becoming more reliant on mobile communication, web-based services, and electronic data transfer and telecommunications infrastructure has become an essential part of national security, economic progress, and social interconnectedness. But this technological development has put an additional burden on the law enforcement and intelligence agencies responsible in curbing crime, terrorism and threats to the peace and order. To counter such challenges, governments around the world have devised means to intercept and spy on communication in a legal way to keep track of suspicious activities in order to safeguard the national security of the countries.^[1]

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[1] Ian Brown & Douwe Korff, Digital Freedoms in International Law: Practical Steps to Protect Human Rights Online (Global Network Initiative 2012).

ADMISSIBILITY OF ELECTRONIC EVIDENCE IN INDIA : A CRITICAL ANALYSIS

AUTHOR – SHREYA SINGH GAHERWAR* & DR. JYOTI YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – SHREYA SINGH GAHERWAR & DR. JYOTI YADAV, ADMISSIBILITY OF ELECTRONIC EVIDENCE IN INDIA : A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 533-540, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The evidence environment in Indian courts has undergone a fundamental upheaval due to the digital transformation of society. Through legislative provisions and judicial interpretation, this article critically examines the legal framework governing the admissibility of electronic evidence in India, with a focus on the Indian Evidence Act, 1872 and the recently passed Bharatiya Sakshya Adhiniyam, 2023. Additionally, through the landmark rulings in the cases of Anvar P.V., Shafhi Mohammad, Arjun Panditrao Khotkar, and Navjot Sandhu. In order to determine whether the necessary certification requirement under Section 65B(4) (now Section 63(4) of BSA) effectively protects against digital manipulation or creates an impassable barrier to justice, the study assesses the conflict between procedural rigidity and substantive justice. By critically analyzing current judicial developments and drawing comparisons with other international jurisdictions, this paper argues for a balanced approach that preserves evidentiary integrity while accommodating the practical realities of digital evidence procurement.

Keywords :- Electronic Evidence, Section 65B, Bharatiya Sakshya Adhiniyam, Digital Evidence Admissibility, Certificate Requirement, Primary vs. Secondary Electronic Evidence