THE RIGHT TO DIE – SHOULD IT BE MINE TO CHOOSE?

A CONSTITUTIONAL ANALYSIS UNDER INDIAN LAW

AUTHOR – ANOUSHA ABENI DAS, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – ANOUSHA ABENI DAS, THE RIGHT TO DIE – SHOULD IT BE MINE TO CHOOSE? A CONSTITUTIONAL ANALYSIS UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 279-287, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article examines the legal and constitutional dimensions of the right to die in India, with particular focus on the interplay between Article 21 of the Indian Constitution, the Bharatiya Nyaya Sanhita, 2023 (BNS), the Mental Healthcare Act, 2017, and evolving judicial doctrine. The right to die — encompassing passive euthanasia and the execution of advance medical directives — has long occupied an uncertain position in Indian law. Gian Kaur v. State of Punjab (1996) firmly denied any constitutional recognition of a right to die, grounding its analysis in the sanctity of life. Subsequent developments in Aruna Ramchandra Shanbaug v. Union of India (2011) and Common Cause (A Regd. Society) v. Union of India (2018) marked a significant doctrinal shift, recognizing that the right to live with dignity under Article 21 necessarily extends to the right to die with dignity in cases of terminal illness or permanent vegetative state.

The article critically evaluates the persistent tension between judicial recognition and statutory silence. While the Supreme Court has established procedural safeguards for passive euthanasia and living wills, the BNS continues to criminalize attempted suicide (Section 224) and abetment of suicide (Section 107), generating a fragmented legal landscape. The Mental Healthcare Act, 2017 partially bridges this gap by presuming that suicide attempts arise from severe stress rather than criminal intent, yet a comprehensive legislative framework governing end-of-life decisions remains absent. Through a comparative analysis of international jurisprudence — including Pretty v. United Kingdom (ECHR, 2002), Carter v. Canada (2015), and Dutch and Belgian euthanasia legislation — this article argues that India’s current framework, though constitutionally progressive, is operationally deficient. The article concludes with normative recommendations for legislative codification, institutional safeguards, and medical guidelines to ensure that the right to die with dignity is meaningful, equitable, and protective of vulnerable populations.

Keywords: Right to Die, Article 21, Passive Euthanasia, Advance Directives, Bharatiya Nyaya Sanhita, Mental Healthcare Act, Constitutional Morality, Dignity, Autonomy, End-of-Life Law.

UNDERSTANDING CONSENT: INTERSECTIONS BETWEEN MARITAL RAPE EXCEPTION AND DATA PROTECTION FRAMEWORKS

AUTHOR – SARANG HARISH, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SARANG HARISH, UNDERSTANDING CONSENT: INTERSECTIONS BETWEEN MARITAL RAPE EXCEPTION AND DATA PROTECTION FRAMEWORKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 270-278, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study provides an evaluative review of consent and bodily autonomy law in two contexts: marital relations and data protection. The study contends that although consent is an important dimension of human dignity and a human right, it remains nebulous and compromised by imbalances of structural power. The central argument is that the traditional legal doctrine of implied marital consent, which historically diminished a person’s autonomy within marriage, has a modern-day counterpart in the concept of digital consent that is often a “fiction of autonomy” due to the unclear terms of service. By reviewing the evolution of judicial interpretations in India, including landmark cases that upheld and limited bodily autonomy, and by comparing with international law that has abolished the defence of marital rape, this paper demonstrates the urgent need for reform of the legal doctrine. In conclusion, a complete shift in relation to consent jurisprudence is necessary by reimagining consent not as a formality but also as a fundamental principle regarding protecting individual dignity and autonomy in all aspects of life.

Keywords: Bodily Autonomy, Consent, Marital Rape, Jurisprudence, Data Protection.

LEX FINANCIERIA AND THE NORMATIVE AUTHORITY OF THE ISDA MASTER AGREEMENT IN GLOBAL FINANCE

AUTHOR – ADITHYA KRISHNA, STUDENT OF LAW, SCHOOL OF LAW, CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – ADITHYA KRISHNA, LEX FINANCIERIA AND THE NORMATIVE AUTHORITY OF THE ISDA MASTER AGREEMENT IN GLOBAL FINANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 260-269, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines the ISDA Master Agreement not merely as a contractual template but as a normative instrument with profound implications for global financial markets. It interrogates the ways in which repeated adoption, judicial recognition, and regulatory reliance converge to produce a framework that functions in many respects like law, even if it is not formal sovereign law. By situating the Master Agreement at the intersection of customary international law, transnational private law, and contract-as-law theory, the study aims to illuminate how private contracts can generate systemic authority, influence market behavior, and establish normative expectations that extend beyond the parties themselves.

The research explores the practical mechanisms through which ISDA operates. Credit support annexes, confirmations, and collateral arrangements translate abstract contractual obligations into enforceable outcomes. Judicial decisions, particularly in English and United States courts, provide reinforcement by interpreting and upholding ISDA clauses across disputes involving bankruptcy, netting, and cross-border enforcement. Regulatory actors, including central banks and international standard-setting bodies, rely on the framework to measure counterparty risk and maintain financial stability. Taken together, these interventions create a self-reinforcing normative cycle that parallels many functions traditionally associated with law.

Critics of the ISDA framework argue that its dominance grants disproportionate authority to private financial actors, raising questions about accountability and systemic risk. This paper engages with such critiques while emphasizing the practical necessity of ISDA in stabilizing otherwise fragmented and volatile derivatives markets. It interrogates the tension between private contractual authority and public regulatory oversight, illustrating how repeated practice and tacit recognition can produce normative force even in the absence of formal legislative enactment.

The theoretical contribution of this study is significant. Customary international law explains how repeated conduct combined with state recognition can produce binding norms. Transnational private law demonstrates that non-state actors can generate rules with systemic effect. Contract-as-law theory highlights how widely adopted contractual frameworks can function as constitutive instruments for markets, allocating risk, guiding behavior, and influencing judicial interpretation. Each lens alone offers insight, but together they provide a comprehensive explanation for the normative power of ISDA and its quasi-legal function.

In conclusion, this paper argues that the ISDA Master Agreement occupies a liminal space between private and public authority, contractual form and law-like function. Its study reveals broader truths about the evolving nature of authority in global finance, the role of private contracts in shaping market norms, and the complex interplay between repeated practice, judicial recognition, and regulatory reliance. By analyzing ISDA through multiple theoretical perspectives and grounding the discussion in judicial and practical realities, the paper contributes to an enriched understanding of how private agreements can achieve normative force on a global scale, challenging traditional doctrinal assumptions about the origin and enforcement of law.

Keywords:  ISDA Master Agreement, Transnational Private Law, Customary International Law, Contract-as-Law Theory, Financial Market Regulation

PRIVATE EQUITY INVESTMENTS IN INDIA’S HEALTHCARE SECTOR: REGULATORY CONSTRAINTS AND INVESTMENT STRUCTURING

AUTHOR – B J LAKSHMI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – B J LAKSHMI, PRIVATE EQUITY INVESTMENTS IN INDIA’S HEALTHCARE SECTOR: REGULATORY CONSTRAINTS AND INVESTMENT STRUCTURING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 246-259, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Over the last decade, India has become one of the most important targets of the private equity (PE) investment in the healthcare sector. The fast rise in the need of healthcare, the increase in the level of income, and the lack of infrastructure in the field of social healthcare have stimulated significant institutional capital flows towards the hospital chains, diagnostics chains, and healthcare services platforms. Although, the role of a private equity investment in the development of healthcare infrastructure and operational efficiency is significant, the sphere of investments is regulated by complex corporate regulations including corporate law, foreign investment regulations, and professional medical regulations. This paper investigates regulatory limitations and the system of structuring the investments that are linked with the involvement of the private equity in the healthcare industry in India.

The first part of the study is to analyze the legal frameworks that govern the healthcare investment and the chosen legal frameworks are corporate governance of the Companies Act, 2013, foreign investment regulation of the Foreign Exchange Management Act, 1999 and the Consolidated Foreign Direct Investment Policy of the Department of Promotion of Industry and Internal Trade, and professional regulation of the National Medical Commission Act, 2019. The paper also reveals major issues in structuring an investment such as the decoupling of ownership of the economy versus the clinical authority, the asset light hospital model, and the concept of a consolidating strategy in the diagnostic networks. The paper uses case studies of key healthcare investments to demonstrate how the investors of the private equity can design transactions in order to overcome regulatory limitations and contribute to the development of the sector.

Lastly, the paper makes a comparative study with the United States and suggests the regulatory reforms that can enhance the governance protections and regulatory clarity in the healthcare investment structures. The article posits that a middle ground in regulatory policies is required to promote the involvement of the private capital and protect the autonomy of the medical patients and the welfare of Indian healthcare system in the new ecosystem.

REST IN PRIVACY: LEGAL ANALYSIS OF POSTHUMOUS DIGITAL AFTERLIFE

AUTHOR – ANOOSHA ALI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – ANOOSHA ALI, REST IN PRIVACY: LEGAL ANALYSIS OF POSTHUMOUS DIGITAL AFTERLIFE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 234-245, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In a world where your last selfie might outlive your last breath, it’s time to ask the unthinkable: who controls your digital space once you’re gone? From emails and encrypted chats to cloud-stored memories and a lifetime of social media posts, our digital identities are more than just reflections of us—they are us.^[1] When we die, this vast archive of personal data doesn’t simply disappear. Instead, it floats in the vast expanse of the internet—unclaimed, unprotected, and dangerously exposed.

With over 5 billion internet users now deceased, the idea of a digital legacy needs serious attention. Just like physical property,^[2] digital estates hold great personal and emotional value. They deserve protection not only for the deceased, but also to safeguard the privacy and peace of the loved ones left behind.

This research paper explores the changing idea of the digital afterlife and offers a comparison of how different countries deal with the complex issue of managing data after death. It looks at current legal frameworks, identifies key gaps, and evaluates the protections currently in place. Ultimately, it suggests recommendations for industries, tech companies, and governments to help create a more ethical approach to digital estate planning in our widely connected world.

Keywords                                                                                                                                                                                                            

Privacy, digital afterlife, data management safeguards, digital estates, data ownership

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[1] Hopkins, J. P. (2013). Afterlife in the cloud: Managing a digital estate. UC Hastings Science & Technology Law Journal, 5(2), 257–296

[2] Morse, T., & Birnhack, M., Privacy Preferences and Behavior Regarding Digital Remains, 24 New Media & Soc’y 1412 (2022)

VIRTUAL VIOLENCE VS REAL HARM: LEGALLY RECOGNISING VR HARASSMENT AS HUMAN RIGHTS ABUSE

AUTHOR – MR. SUJITH KUMAR, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY.

BEST CITATION – MR. SUJITH KUMAR, VIRTUAL VIOLENCE VS REAL HARM: LEGALLY RECOGNISING VR HARASSMENT AS HUMAN RIGHTS ABUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 225-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The advent of the Metaverse represents a seismic shift in human interaction, moving from 2D screens to immersive, embodied 3D environments. While this technological leap promises unprecedented connectivity, it has also birthed a new paradigm of violation: virtual assault. Recent incidents of “virtual rape” and aggravated harassment in social VR platforms like Horizon Worlds have exposed a critical lag in global legal frameworks. Current jurisprudence largely tethers criminal liability to physical contact, leaving victims of haptic and psychological violence in a legal vacuum. This paper argues that VR harassment is not merely a moderation issue but a substantive human right abuse, violating the right to security of person and digital bodily integrity. By analyzing the psychological phenomenon of “embodiment” the limitations of current statutes (including the US Communications Decency Act, the UK Online Safety Bill, and the Indian IT Act), and the trajectory of international human rights law, this paper proposes a “Human Rights 2.0” framework. We contend that the law must evolve to recognize that in a hyper-realistic digital regime, the distinction between “virtual” violence and “real” harm is a fallacy, requiring a new class of “digital personhood” rights to protect human dignity in the Metaverse.

REVIVAL OF SECTION 377 IPC, 1860 IN THE BHARATIYA NYAYA SANHITA, 2023

AUHTOR – VEDANT GUPTA, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – VEDANT GUPTA, REVIVAL OF SECTION 377 IPC, 1860 IN THE BHARATIYA NYAYA SANHITA, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 212-224, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/SPMK2799

ABSTRACT

S. 377 of IPC, 1860 dealt with unnatural offences and provided legal protection for non-consensual sexual activity in the same sex, bestiality, etc.This paper only deals with criminalisation of non-consensual sexual activity in the same sex. The introduction of the BNS, 2023 has omitted certain sections from the now repealed IPC, 1860. One of the main contentious exclusions is that of the legal protection provided against non-consensual sexual acts between the same gender. This exclusion has caused a variety of issues as there is no recourse or punishment for non-consensual sexual activity between the same sex under any the BNS or any Special Law. The same can be seen when the Supreme Court in August 2024 came out with a decision in a case of non-consensual sexual activity in the same sex, stating that they don’t have jurisdiction to compel the Parliament to make laws regarding this issue but at the same time they also acknowledge that there is a lacuna in this regard. In the foreign context there are various countries that have laws governing this aspect. The UK has the Sexual Offences Act, 2008 which provides a gender neutral definition to the offence of rape and therefore prevents any non-consensual sexual acts between the same sex. In the US the laws are made adhering to the 14th Amendment which provides for equality and therefore it criminalises sexual acts done without consent irrespective of gender. In the light of the same it is recommended that there should be an inclusion of a new provision in the BNS, 2023 which will criminalise non-consensual sexual activity among the same sex and therefore provide a much needed protection to the LGBTQIA+ community in India.

Keywords

Section 377; Bharatiya Nyaya Sanhita, 2023; Gender-neutral Rape Law; LGBTQ Rights; Constitutional Law (Art. 14,15,21); Comparative Criminal Law.

CHALLENGING THE SILENCE: MARITAL RAPE AND GENDER JUSTICE IN INDIA

AUTHOR – VARSHANA V C, STUDENT (LAW) AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – VARSHANA V C, CHALLENGING THE SILENCE: MARITAL RAPE AND GENDER JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 198-211, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/LREC7876

ABSTRACT

Marital rape is still one of the most contested and least addressed forms of violence against women in India. Even though there is now a global admission of sexual autonomy within marriage, Indian law still gives statutory immunity to husbands via Exception 2 of Section 375 of the Indian Penal Code, which provides a husband with legal immunity from being prosecuted for non-consensual sexual intercourse with adult wives. This essay examines conceptual, legal, constitutional, and socio-cultural aspects of marital rape in India and the gap between statutory immunity and gender justice. The study uses an interdisciplinary methodology that combines doctrinal analysis of statutory law, judicial pronouncements, and constitutional provisions with empirical evidence drawn from nationally representative survey data, scholarly articles, and reports from international and national agencies.The study also assesses India’s responsibilities under international human rights commitments, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the International Covenant on Civil and Political Rights (ICCPR). Findings suggest that marital rape exists and remains underreported due to the influence of gender-based social norms, pervasive loopholes, and stigma in society. The recommendations also identify Constitutional contradictions in retaining the exception for marital rape under Articles 14, 15, and 21 that highlights the disjunction between India’s Constitutional commitments versus existing laws. The study presents an exhaustive set of recommendations, which include advocacy for the legislative repeal of the exception for marital rape, judicial amelioration; administrative-level intervention solutions; to promote awareness; and issues (women’s inequality in society, women’s empowerment) that hypothetically empowered women to access their bodily autonomy while considering the cultural landscape. By reconceptualizing marital rape as a legal and social issue, this study intends to contribute to gender justice and the advancement of women’s bodily autonomy in India.

KEY WORDS : Marital Rape, Gender Justice, Bodily Autonomy, Indian Penal Code, Constitutional Rights, Sexual Violence, Legal Reform, Patriarchy

COMPARATIVE STUDY OF POWERS AFFORDED TO THE COMMITTEE OF CREDITORS UNDER BANKRUPTCY LAWS IN INDIA AND THE UK

AUTHOR – PRANAV SRINIVAS, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – PRANAV SRINIVAS, COMPARATIVE STUDY OF POWERS AFFORDED TO THE COMMITTEE OF CREDITORS UNDER BANKRUPTCY LAWS IN INDIA AND THE UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 188-197, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Corporate insolvency frameworks exist to deal with a tension core to it is to recover the maximum amount of creditors, and at the same time permit the prospect of salvaging distressed businesses. The insolvency law therefore carries out not merely a distributive role, but also expresses underlying policy considerations regarding the rights of creditors, the nature of the business rescue process and the relative position of courts and professional interveners. One of the key questions in these systems is who ends up ruling the decision-making process after one has defaulted.

The Insolvency and Bankruptcy Code, 2016 (IBC) of India follows a creditor-in-control model, according to which decisive power is granted to the Committee of Creditors (CoC) which is primarily comprised of financial creditors. In its turn, the Insolvency Act of 1986 of the United Kingdom, followed by further reforms, such as the Enterprise Act of 2002, adheres to a practitioner-dominated paradigm, in which the leading operational role goes to the insolvency practitioners, and creditor committees are placed in the oversight role, instead of governing role.

In this paper, comparative study of the powers of CoC in India, and creditor committees in the United Kingdom, will be discussed. It examines their legal underpinnings, judicial interpretations, realities of operation and the scholarly discussions enveloping them. The comparison shows that there are two guiding philosophies of these two jurisdictions, India trusts creditors directly, and the United Kingdom trusts professional intermediaries and judicial controls. Comparing these models, the current study has been able to come up with strengths, weaknesses and possible areas of reforms of these two legal systems.

CHILD ABUSE REPORTING IN THE DIGITAL AGE: ROLE OF SOCIAL MEDIA PLATFORMS AND CYBER LAWS

AUTHORS – SUMIT KUMAR SINGH* & DR. RAJEEV KUMAR SINGH**

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

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS. ORCID ID – HTTPS://ORCID.ORG/0009-0000-6751-280X

BEST CITATION – SUMIT KUMAR SINGH & DR. RAJEEV KUMAR SINGH, CHILD ABUSE REPORTING IN THE DIGITAL AGE: ROLE OF SOCIAL MEDIA PLATFORMS AND CYBER LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 177-187, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid growth of digital technologies and social media platforms has significantly transformed the nature and scope of child abuse in contemporary society. While the internet has created unprecedented opportunities for communication, education, and social interaction, it has also facilitated new forms of exploitation, particularly against children. Online child abuse manifests through activities such as cyber grooming, dissemination of child sexual abuse material (CSAM), online harassment, and exploitation through digital platforms. Social media networks, messaging applications, and online forums have increasingly become spaces where offenders exploit anonymity and technological tools to target minors. Consequently, the reporting and regulation of such offences have become a critical concern within modern legal systems.

This research paper examines the role of social media platforms and cyber laws in addressing the reporting of child abuse in the digital age. It analyzes the legal framework governing online child protection in India, particularly focusing on the obligations created under the Protection of Children from Sexual Offences Act, 2012 and the Information Technology Act, 2000. The study highlights how mandatory reporting provisions, intermediary liability rules, and cybercrime regulations contribute to the detection and reporting of offences involving children in online environments. It also explores the role played by digital intermediaries such as social media companies in monitoring user-generated content, implementing technological tools for detection, and cooperating with law enforcement authorities.

Furthermore, the paper identifies several challenges associated with reporting online child abuse, including underreporting, jurisdictional complexities, technological barriers, and concerns related to privacy and freedom of expression. The research emphasizes the need for stronger regulatory frameworks, enhanced technological solutions, and improved coordination among governments, law enforcement agencies, and digital platforms. Ultimately, the study argues that effective protection of children in cyberspace requires a comprehensive approach that integrates legal accountability, technological innovation, public awareness, and international cooperation.

Keywords: Child Abuse, Cyber Law, Online Exploitation, Mandatory Reporting, Social Media Regulation, Digital Child Protection.