THE ILLUSION OF DETERRENCE: STATUTORY GAPS, THE “CULTURAL DEFENCE,” AND THE PROSECUTION OF HONOUR CRIMES IN INDIA

AUTHORS – PRIYANSHI SINGH* & DR. ROSHNI SRIVASTAVA**

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

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

BEST CITATION – PRIYANSHI SINGH & DR. ROSHNI SRIVASTAVA, THE ILLUSION OF DETERRENCE: STATUTORY GAPS, THE “CULTURAL DEFENCE,” AND THE PROSECUTION OF HONOUR CRIMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 571-581, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper critically evaluates the systemic implementation failures of India’s criminal justice framework in addressing collective violence, specifically mob lynching and honour killings, against the backdrop of the newly enacted Bharatiya Nyaya Sanhita (BNS), 2023. Despite sweeping federal legislative overhauls, these structural crimes persist due to deep-seated socio-cultural biases, institutional reluctance, and stark statutory ambiguities.

The study highlights how police apathy, the deliberate dilution of First Information Reports (FIRs) to obscure hate motives, and the pervasive intimidation of witnesses culminate in statistically alarming acquittal rates. Furthermore, the paper analyses the deeply flawed judicial application of the “grave and sudden provocation” doctrine. This legal principle frequently operates as a “cultural defence” that mitigates murder charges in honour crimes, legally normalizing patriarchal violence while paradoxically failing to protect female victims of sustained domestic abuse.

By contrasting progressive state-level legislative experiments in Rajasthan and Karnataka which were ultimately paralyzed by federal constitutional vetoes with the overarching BNS framework, the analysis exposes critical statutory gaps. Notably, Section 103(2) of the BNS introduces a highly flawed five-person threshold for mob lynching and entirely omits the preventive, remedial, and victim-compensation mandates previously ordered by the Supreme Court in the landmark Tehseen S. Poonawalla judgment.

Ultimately, the paper concludes that relying on general penal provisions to prosecute organized, identity-driven violence emboldens a culture of majoritarian impunity. It recommends fundamental systemic overhauls, including eliminating arbitrary numerical thresholds in the BNS, statutorily codifying “sustained provocation,” and rigidly integrating Supreme Court guidelines to effectively dismantle vigilante justice.

LEGAL ISSUES IN CORPORATE PARTERNSHIP AND JOINT VENTURE

AUTHOR – SAMRUDDHI HARSHAL SANT, STUDENT AT DECCAN EDUCATION SOCIETY, SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – SAMRUDDHI HARSHAL SANT, LEGAL ISSUES IN CORPORATE PARTERNSHIP AND JOINT VENTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 559-570, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRCT

Catchy Opening Line: “As businesses increasingly join forces to stay ahead in today’s globalized market, the intricate dance of corporate partnerships and joint ventures raises critical legal questions that demand attention.Historical Background: Corporate partnerships and joint ventures have been a cornerstone of business growth since the 1970s, with landmark cases like IBM-RoLM (1981) and AT&T-NCR (1991) shaping the landscape. However, the rise of globalization, technological advancements, and complex regulatory frameworks have introduced new challenges.Present Status: Today, partnerships and joint ventures account for over 50% of global M&A activity. Despite their popularity, disputes over intellectual property, governance, and liability continue to plague these collaborations.Short Explanation: This research examines the legal issues arising from corporate partnerships and joint ventures,Research Problem: What are the key legal challenges faced by corporations engaging in partnerships and joint ventures, and how can these issues be effectively mitigated?Hypothesis: Effective contractual drafting, clear governance structures, and proactive dispute resolution mechanisms can significantly reduce the risk of legal disputes in corporate partnerships and joint ventures.Possible Reforms: Standardized contractual templates,enhanced regulatory guidance, Alternative dispute resolution mechanisms, Increased transparency and disclosureAims and Objectives Identify and analyse legal issues in corporate partnerships and joint ventures. Develop best practices for contractual drafting and governance Investigate the role of regulatory frameworks in shaping partnership dynamics Provide recommendations for reform and improvementContribute to the development of more effective and efficient partnership structures

Keywords: corporate partnerships, joint ventures, legal issues, contractual complexities, intellectual property, governance, dispute resolution.

IMPORTANCE OF HINDI AND OTHER LANGUAGE IN INDIAN JUDICIAL SYSTEM

AUTHOR – NIDA PARVEEN* & ANUPRIYA YADAV**

* STUDENT AT AMITY UNIVERSITY, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – NIDA PARVEEN & ANUPRIYA YADAV, IMPORTANCE OF HINDI AND OTHER LANGUAGE IN INDIAN JUDICIAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 554-558, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Being a multi lingual country, India should acknowledge the role of Hindi and other language as a vital aspect towards the Indian judicial system in the interest of equitable justice. Most of the high court as well as Supreme Court have English as its official according to the Indian constitution article 343: (1). This heavily depends on the use of English language as a cult to the people whose main mode of communication is their mother tongue. The use of English language in the Indian court is not only a cultural inheritance of the colonialism but also a practical need. The English was introduced to the Indian court through the permission of the court to be governed by the English common law in the colonial times. This was subsequently supported by the English Education Act ,1835 ^[1] and Wood’s Dispatch of 1854 ^[2] that put aside Hindi and Persian and other languages that were largely present as the official language in that period. It was further internalised in the legal form in the form of criminal and civil codes drafted in English like IPc and Crpc in the entire of India. But it was a practical need which time brought about, to close the gap in the language-geographies of India, and to make the way easy and facilitate uniformity and mobility across the borders of jurisdiction. Even when district subordinate and revenue court serves in regional language, litigating, pleading and studying the cases of Supreme court and high court is tiresome business to regional people which were done in English. Given that it is a practical need, it will be impractical to nullify it to an extinct level, although, efforts should be made intensively to overcome the language barrier, in terms of applying an artificial intelligence tool and translating the supreme court and high court verdicts in different Indian languages and through institutions. This will be central in enhancing the language accessibility, sound law studies.

Keyword:

English dominance, practical necessity, colonial legacy, wood’s dispatch, English education act, regional language.

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[1] Thomas Babington Macaulay, Minute on Indian Education, 1835

[2] Charles Wood , 1^st Viscount Halifax

THE INTERSECTION OF CONTRACT LAW AND ECONOMICS

AUTHOR – NIKHIL GORAKSH WADGHANE, LLM STUDENT OF DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – NIKHIL GORAKSH WADGHANE, THE INTERSECTION OF CONTRACT LAW AND ECONOMICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 547-553, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Where promises meet profit, the fusion of contract law and economics shapes the rules of fair trade and market efficiency .”The intersection of contract law and economics emerged in the 20th century, particularly with the rise of the Law and Economics movement in the 1960s. Scholars like Ronald Coase and Guido Calabresi  explored how economic principles could be applied to analyse and improve contractual frameworks, focusing on efficiency, transaction costs, and incentives. The intersection of contract law and economics today emphasizes efficiency, risk allocation, and behavioural insights, influencing legal reforms and policy-making worldwide. It plays a key role in shaping modern contract theory, addressing market failures, and enhancing legal predictability .The intersection of contract law and economics explores how economic principles, such as efficiency, incentives, and transaction costs, influence the creation, interpretation, and enforcement of contracts. It seeks to balance legal doctrines with market dynamics, aiming to promote fair agreements while maximizing societal welfare .How can economic principles be effectively integrated into contract law to enhance market efficiency while ensuring fairness and protecting vulnerable parties in contractual relationships The application of  economic principles in contract law improves overall market efficiency but may compromise fairness and equitable outcomes for weaker parties.  Enacting policies that align economic efficiency with public policy goals in standard-form contracts.This Study aims to analyse the relationship between economic principles and the legal framework governing contracts and To assess the role of economic analysis in shaping contract law doctrines and policies.

Key Words – Contract Law, Economics, Principles, Policy, Intersection.

THE OFFENCE OF MONEY LAUNDERING IN INDIA THROUGH THE LENS OF THE PREVENTION OF MONEY-LAUNDERING ACT, 2002

AUTHOR – MR. KRISHNAKANTH REDDY B, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – MR. KRISHNAKANTH REDDY B, THE OFFENCE OF MONEY LAUNDERING IN INDIA THROUGH THE LENS OF THE PREVENTION OF MONEY-LAUNDERING ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 539-546, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Money laundering represents one of the most pervasive and sophisticated financial crimes undermining the integrity of national economies and democratic institutions. In India, the Prevention of Money-Laundering Act, 2002 (PMLA) serves as the primary legislative instrument to combat this menace, establishing a comprehensive framework for the definition, detection, prosecution, and prevention of money laundering offences. This paper critically examines the offence of money laundering as defined and operationalized under the PMLA, tracing its evolution through successive legislative amendments, analysing the enforcement mechanisms vested in the Directorate of Enforcement, and evaluating landmark judicial pronouncements that have shaped the contours of the law. Special attention is devoted to contested aspects of the legislation, including the reverse burden of proof under Section 24, the twin conditions for bail under Section 45, and the broad powers of attachment and arrest. The paper argues that while the PMLA represents a necessary and largely effective tool against financial crime, certain provisions require recalibration to ensure conformity with constitutional guarantees of personal liberty, due process, and the presumption of innocence. The paper concludes with recommendations for reform aimed at strengthening the anti-money laundering framework while preserving fundamental rights.

Keywords: Money Laundering, PMLA, Directorate of Enforcement, Proceeds of Crime, Scheduled Offence, Bail, Attachment, Reverse Burden

THE UNIFORM CIVIL CODE AS A DRIVER OF GENDER JUSTICE: A CRITICAL ANALYSIS OF PERSONAL LAWS IN INDIA

AUTHOR – NISHANT PAUL* & DR. ARVIND KUMAR SINGH**

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

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

BEST CITATION – NISHANT PAUL & DR. ARVIND KUMAR SINGH, THE UNIFORM CIVIL CODE AS A DRIVER OF GENDER JUSTICE: A CRITICAL ANALYSIS OF PERSONAL LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 606-611, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The debate over the Uniform Civil Code (UCC) in India is often depicted as a struggle between secularism and religious freedom, and this has the effect of making its main potential as a transformative tool for gender justice rather less visible. This study takes a great leap forward from the political and religious slogans to perform an academic evaluation of the UCC’s possible enforcement role as a genuine equality creator within the family unit. In the meantime, the legal system in India is very much diverse and fragmented due to the presence of different personal laws that are based on religion and govern the important aspects of family life like marriage, divorce, maintenance, guardianship, and inheritance. A close examination indicates that a good number of these laws, supported by the ancient patriarchal views and customs, continue the oppression of women, irrespective of their religion.

According to this research, a deliberately implemented UCC, instead of serving as a means of cultural uniformity, is a requirement of the constitution (Article 44)^[1] and a right thing to do for the protection of women’s rights (Articles 14 and 15)^[2]. The study will focus on the analysis of the gender bias that is embedded in the uncodified and semi-codified personal laws of the largest communities and will further assess, with a critical eye, the historical attempts at reform, e.g., the Hindu Code Bills, to learn from them for the UCC. The paper eventually asserts that when a progressive, reformative UCC that emphasizes the best practices from all personal laws is put in place, it will be the most effective and sustainable approach.

KEY WORDS: Uniform civil code, Gender justice, Personal Laws, Constitutional Morality, Right To Equality, Article 14&15, Directive Principles of State Policy, Divorce and maintenance

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[1] See The Constitution of India, 1950, Article 44 (Directive Principles of State Policy).

[2] See The Constitution of India, 1950, Articles 14 and 15 (Right to Equality and Prohibition of Discrimination).

LABOUR LAW AND THE VIDEO GAME INDUSTRY: EXAMINING WORKER PROTECTION IN A PROJECT-BASED DIGITAL ECONOMY

AUTHOR – SHEHVAR SALEEM, MD SAQIB ANSARI & KARAN GANGRADE

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – SHEHVAR SALEEM, MD SAQIB ANSARI & KARAN GANGRADE, LABOUR LAW AND THE VIDEO GAME INDUSTRY: EXAMINING WORKER PROTECTION IN A PROJECT-BASED DIGITAL ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 519-538, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Abstract

The global video game industry has evolved from a niche hobby into a dominant force in the digital economy, generating revenues that surpass the film and music industries combined. This exponential growth, however, has been accompanied by persistent reports of poor working conditions, including endemic “crunch” culture (excessive unpaid overtime), widespread precarious employment through short-term contracts, and systemic workplace harassment and discrimination. This paper conducts a doctrinal legal analysis to examine whether existing labour law frameworks adequately protect the creative and technical workforce that powers this industry. Through an examination of industry structure and case studies of major controversies at studios like Rockstar Games, CD Projekt Red, and Activision Blizzard, the paper identifies significant regulatory gaps. It argues that traditional labour law, designed for permanent, location-based employment, struggles to regulate a project-based, globalised, and culturally distinct sector where “passion” is often exploited. The analysis focuses on key areas of friction: the misclassification of employees as independent contractors, the normalisation of unpaid overtime, the inadequacy of fixed-term contract regulations, and barriers to unionisation. The paper concludes that while existing laws provide a theoretical foundation for protection, their enforcement is weak and ill-suited to the industry’s realities. It recommends targeted reforms, including strengthened enforcement mechanisms, clearer classification rules, and the proactive promotion of collective bargaining rights to ensure a sustainable and equitable future for the industry’s workforce.

PARTNERSHIP ON THE PRECIPICE: DEFAULT IN DIMINISHING MUSHARAKAH

AUTHOR – MOHD SALAH KHAN, SHEHVAR SALEEM & MD SAQIB ANSARI

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – MOHD SALAH KHAN, SHEHVAR SALEEM & MD SAQIB ANSARI, PARTNERSHIP ON THE PRECIPICE: DEFAULT IN DIMINISHING MUSHARAKAH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 493-510, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article critically examines the legal architecture of the Diminishing Musharakah (DM), widely regarded as the most prominent Shariah-compliant alternative to the conventional interest-based mortgage, with particular attention to the legal consequences of customer default. The DM is structured as a compound arrangement consisting of three distinct but interrelated contracts: a shirkat al-milk establishing joint ownership between the bank and the customer, an ijarah under which the customer leases the bank’s ownership share, and a series of sale transactions executed through a unilateral purchase undertaking that progressively transfers full ownership to the customer. While this structure is widely praised for embodying the Islamic principles of asset-backing, risk-sharing, and equitable participation in profit and loss, the article argues that significant jurisprudential tensions arise at the moment of default.

Standard-form DM agreements typically authorize the bank to initiate a forced sale of the jointly owned property in order to recover its investment, a mechanism that appears to conflict with the classical rules of fiqh governing co-ownership, which generally prohibit one partner from compelling the sale of jointly held property without the other partner’s consent or judicial authorization. The article therefore evaluates the principal doctrinal justification advanced by contemporary Shariah supervisory boards: that the customer’s agreement to the default clause at the inception of the contract constitutes valid prior consent to the sale. Through a doctrinal analysis of classical Islamic partnership law and modern Islamic finance practice, the article concludes that while the prior consent argument offers partial justification for the default mechanism, it remains jurisprudentially incomplete, particularly in relation to informed consent, the absence of judicial oversight, and the asymmetrical allocation of remedial authority within the contractual framework.

LACK OF UNIFORM LEGAL PROTECTION FOR CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA

AUTHOR – DAYA RAJESH, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – DAYA RAJESH, LACK OF UNIFORM LEGAL PROTECTION FOR CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 188-197, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Live-in relationships are becoming more common in India as society moves toward new definitions of family and changes other social customs and beliefs. Despite a large body of supportive case law by the courts, there remain gaps in terms of providing children from live-in relationships with legal protection in family law areas such as child support (maintenance), inheritance, custody issues, and other matters. In criminal proceedings (for example, child support), Section 125 of the CrPC provides for “neutral” (all religions receive the same protection) financial support regardless of the parents’ religious affiliation, but the rights to other types of support (for example, the right to inherit or have coparcenary rights) are still substantially dependent on how courts interpret Indian personal law. Courts in India continue to issue decisions emphasizing that there should be no prejudice to a child because of their parent’s marital status, which has also led to the Supreme Court of India so much more clearly articulated that children from live-in relationships are entitled to an inheritance from both parents; however, these rulings are mostly judge-made law with little to no legislative support, resulting in disparities in outcomes for children, evidence issues about who their father is and enforcing support. There are issues with the lack of a national registry for recording live-in relationships, results of variations between different personal laws, and other issues further complicating providing children with consistent protection across India. The authors of this paper believe that legislative reform is necessary and call for a national live-in law, reform of laws relating to succession to make equal rights to property available regardless of personal law, and for a greater degree of uniformity in how to implement constitutional guarantees of fairness, dignity, and welfare for all children.

Key Words – Live-in relationships, Child rights, Legitimacy, Maintenance, Inheritance, Coparcenary rights, Custody and welfare, Personal law disparities, Constitutional equality, Legislative reform.

REASSESSING CLEAN SLATE DOCTRINE POST–KALYANI TRANSCO VS M/S BHUSHAN POWER AND STEEL

AUTHOR – SARGA P S, STUDENT AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – SARGA P S, REASSESSING CLEAN SLATE DOCTRINE POST-KALYANI TRANSCO VS M/S BHUSHAN POWER AND STEEL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 481-485, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the evolving scope of the Clean Slate Doctrine under the Insolvency and Bankruptcy Code, 2016 (IBC). The doctrine, reflected in Sections 31 and 32A of the IBC, was designed to ensure that a successful resolution applicant acquires the corporate debtor free from past liabilities, thereby encouraging investment in distressed assets and facilitating corporate revival. However, the recent Supreme Court decision in Kalyani Transco v Bhushan Power and Steel Ltd has raised concerns regarding the certainty and breadth of this protection. While the Court did not directly reinterpret Section 32A, its refusal to restrain enforcement actions under public law statutes such as the Prevention of Money Laundering Act (PMLA) suggests a narrowing of the practical protection offered by the Clean Slate Doctrine. It studies the role of disqualification provisions under Section 29A of the IBC and their interaction with the Clean Slate Doctrine. The paper concludes that while the IBC aims to promote certainty and asset revival, recent judicial developments risk undermining investor confidence unless clearer boundaries are established between insolvency protections and parallel public law enforcement actions.

Keywords- Clean Slate Doctrine, Insolvency and Bankruptcy Code, Distressed M&A, Section 32A IBC, Resolution Applicant, Corporate Insolvency Resolution Process, Section 29A, PMLA, Judicial Review, Investor Confidence.