ROLE OF THE SUPREME COURT OF INDIA IN ENVIRONMENTAL PROTECTION: A STUDY OF JUDICIAL ACTIVISM AND ENVIRONMENTAL JURISPRUDENCE

AUTHOR – DR. RAJEEV KUMAR SINGH* & PRAGATI SRIVASTAVA**

* PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DR. RAJEEV KUMAR SINGH & PRAGATI SRIVASTAVA, ROLE OF THE SUPREME COURT OF INDIA IN ENVIRONMENTAL PROTECTION: A STUDY OF JUDICIAL ACTIVISM AND ENVIRONMENTAL JURISPRUDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.984-987, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Environmental degradation has emerged as one of the most pressing challenges in modern India. While industrial growth and economic development were prioritized in the postindependence era, environmental concerns gained prominence particularly after the Bhopal Gas Tragedy and global environmental movements. The Supreme Court of India has played a transformative role in developing environmental jurisprudence by expanding the scope of Article 21 of the Constitution to include the right to a clean and healthy environment. Through doctrines such as the Public Trust Doctrine, Polluter Pays Principle, Precautionary Principle, and Sustainable Development, the judiciary has strengthened environmental governance in India. This paper critically examines the constitutional framework, landmark observation, and the evolving role of judicial activism in environmental protection, with special reference to M.C. Mehta v. Kamal Nath and other leading cases. It also evaluates the challenges and future direction of environmental adjudication in India.

Keywords – Environmental Jurisprudence, Judicial Activism, Article 21, Public Trust Doctrine, Polluter Pays Principle, Sustainable Development, Supreme Court of India

MARITAL RAPE EXCEPTION UNDER SECTION 63 OF THE BHARATIYA NYAYA SANHITA, 2023: CONSTITUTIONAL INCOMPATIBILITY, AUTONOMY, AND THE LIMITS OF MARITAL IMMUNITY

AUTHORS – KAVYA JOHAR, JATIN MEENA & HARSHRAJ CHOUHAN

FOURTH YEAR STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY

BEST CITATION – KAVYA JOHAR, JATIN MEENA**, HARSHRAJ CHOUHAN, MARITAL RAPE EXCEPTION UNDER SECTION 63 OF THE BHARATIYA NYAYA SANHITA, 2023: CONSTITUTIONAL INCOMPATIBILITY, AUTONOMY, AND THE LIMITS OF MARITAL IMMUNITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.988-997, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The marital rape exception preserved under Section 63 of the Bharatiya Nyaya Sanhita, 2023^[1], continues a colonial legal fiction that presumes irrevocable consent within marriage. By excluding sexual intercourse by a husband with his wife above eighteen years of age from the definition of rape, the provision creates a structural immunity grounded in marital status. This paper argues that the exception is unconstitutional under Articles 14, 15, and 21 of the Constitution of India. Drawing upon transformative constitutional jurisprudence developed in decisions such as K.S. Puttaswamy v. Union of India^[2], Joseph Shine v. Union of India^[3], Navtej Singh Johar v. Union of India^[4], and Independent Thought v. Union of India^[5], this paper demonstrates that the marital rape exception fails the tests of reasonable classification, substantive equality, and proportionality. It further argues that the doctrine of “perpetual consent” is incompatible with contemporary understandings of bodily autonomy and dignity. By situating the issue within comparative constitutional frameworks and engaging with counter-arguments concerning institutional stability and misuse, this paper concludes that the marital rape exception cannot survive constitutional scrutiny and must be repealed.

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[1] Bharatiya Nyaya Sanhita 2023, s 63 Exception 2.

[2] K.S. Puttaswamy v Union of India (2017) 10 SCC 1.

[3] Joseph Shine v. Union of India (2019) 3 SCC 39

[4] Navtej Singh Johar v. Union of India (2018) 10 SCC 1.

[5] Independent Thought v. Union of India (2017) 10 SCC 800.

NORMATIVE COMPLEMENTARITY IN ARMED CONFLICT: ISLAMIC HUMANITARIAN LAW AND THE REINFORCEMENT OF CONTEMPORARY INTERNATIONAL HUMANITARIAN LAW

AUTHOR – MOHAMED ROSHAN AKTHAR J, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SOEL, TNDALU

BEST CITATION – MOHAMED ROSHAN AKTHAR J, NORMATIVE COMPLEMENTARITY IN ARMED CONFLICT: ISLAMIC HUMANITARIAN LAW AND THE REINFORCEMENT OF CONTEMPORARY INTERNATIONAL HUMANITARIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.899-914, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YOLY8340

ABSTRACT

International Humanitarian Law (IHL) is the primary legal framework regulating armed conflict, rooted in the four Geneva Conventions, Additional Protocols, and customary international law. Key principles of IHL include distinction, proportionality, military necessity, and humanity, all aimed at minimizing suffering during warfare while considering military realities. However, despite its widespread acceptance, current conflicts demonstrate significant violations of IHL, which lead to civilian casualties, environmental degradation, and inconsistent enforcement. The enforcement mechanisms, such as the International Criminal Court, face challenges including jurisdictional limitations, political selectivity, and varying state cooperation complicating compliance. The article revisits classical Islamic international law, known as Siyar, to assess its humanitarian principles as potential enhancements to the current discourse on IHL reform. The analysis relies on primary Islamic legal texts like the Qur’an, Sunnah, scholarly consensus (ijmaʿ), and analogical reasoning (qiyas), alongside contributions from notable Islamic scholars such as Muhammad al Shaybani, Abu Hanifa, and Al Mawardi. It identifies a comprehensive framework regulating various aspects of armed conflict including civilian immunity, treatment of prisoners, environmental protections, and compliance with treaties. The article highlights critical distinctions between modern IHL, which operates on a positivist framework relying on state consent, and Islamic humanitarian norms, which are grounded in theological and ethical obligations. This foundational difference suggests that legal compliance may be more robust when supported by moral imperatives. Rather than proposing a replacement of IHL with religious laws or asserting either system’s superiority, the article discusses the concept of normative complementarity, arguing that Islamic humanitarian principles could enhance the cultural legitimacy and internalization of humanitarian laws, especially in Muslim majority societies where religious dialogue shapes legal perspectives. It suggests structured dialogues between Islamic scholars and international legal entities to promote compliance based on ethical engagement instead of further legal codification. The article contributes significantly to discussions of pluralism in international law, indicating the potential for integrating non-Western legal traditions into global norms. Moreover, it addresses the enforcement crisis in contemporary IHL and explores various mechanisms to address these challenges, underscoring the complexities of legal pluralism and the need for inclusivity in evolving international legal frameworks.

Keywords International Humanitarian Law (IHL); Geneva Conventions; Additional Protocols; Islamic International Law (Siyar); Muhammad al Shaybani; Abu Hanifa; Al Mawardi; Civilian Immunity; Proportionality; Military Necessity; Prisoners of War; Environmental Protection in Armed Conflict; Treaty Compliance

UNDERTRIAL PRISONERS IN INDIA: A CONSTITUTIONAL AND SYSTEMIC ANALYSIS

AUTHORS – NIKHAT AYUB VOHRA & IRAM FAATEMA RAFIQ SHAIKH

STUDENTS AT KES SHRI JAYANTILAL .H. PATIL LAW COLLEGE, MUMBAI

BEST CITATION – NIKHAT AYUB VOHRA & IRAM FAATEMA RAFIQ SHAIKH, UNDERTRIAL PRISONERS IN INDIA: A CONSTITUTIONAL AND SYSTEMIC ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.897-898, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Undertrial prisoners issue is one of the most topical problems of the criminal justice system in India. Regardless of the constitutional provisions that ensure the liberty of the individual and the presumption of innocence, a major percentage of the prison population is composed of people who have not even been found guilty of any crime. The extensive pre-trial detention period, which is commonly caused by procedural delays, financial disadvantage, and other constraining practices in setting bail, provides a cause of concern with both constitutional and human rights. This paper discusses whether or not undertrial prisoners are afforded any legal protection, weaknesses present in the system, and how this can be corrected by implementing changes that will result in compliance with the constitutional requirement.

JUVENILE JUSTICE IN INDIA: REFORM AND THE CHANGING APPROACH TO CHILD OFFENDERS

AUTHOR – MADHUMITHA GOPINATH, ADVOCATE AT BAR COUNCIL OF TAMILNADU & PUDUCHERRY, INDIA

BEST CITATION – MADHUMITHA GOPINATH, JUVENILE JUSTICE IN INDIA: REFORM AND THE CHANGING APPROACH TO CHILD OFFENDERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.881-895, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The juvenile justice system in India is structured to offer care, protection, therapy, growth and rehabilitation to the children that are in conflict with the law. Juvenile Justice (Care and Protection of Children) Act, 2015^[1], is the main law in the system aimed at determining a child-friendly adjudicatory and rehabilitative system with the principles established in the United Nations Convention on the Rights of the Child. Engagement of a minor in heinous crimes especially in the case that is being analyzed in Mukesh and Anr v. State (NCT of Delhi)^[2], urged the Indian legislature to revisit the philosophical principles of juvenile justice and brought substantial changes to allow children between the age of 16 and 18 years charged with heinous crimes to be subjected to preliminary assessment.^[3] Although the major purpose of juvenile law has been reformative, but not retributive, there are still arguments on whether accountability and rehabilitation should be balanced or not. This paper provides a summary of juvenile delinquency and discusses the legislative framework of juvenile justice in India. It follows the historical development of the laws of juvenile justice, examines the notable judicial decisions, and comparatively appraises juvenile justice systems of the United States, the United Kingdom, and India. Lastly, it critically presents the gaps in the current structure and suggests changes to make the system more efficient and child-centered.

Keywords: Juvenile Delinquency, Heinous Crimes, Minor, Rehabilitation, Child Rights, Reformative Justice.

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[1] Juvenile Justice (Care and Protection of Children) Act, 2015

[2] Mukesh & Anr. v. State (NCT of Delhi), (2017) 6 S.C.C. 1 (India).

[3] Ved Kumari, The Juvenile Justice System in India: From Welfare to Rights, 40 J. INDIAN L. INST. 203 (1998).

A STUDY ON THE RELIABILITY AND ADMISSIBILITY OF FORENSIC EVIDENCE IN COURTS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023

AUTHOR – INDHUMATHI.D* & SUGITHKUMAR R G**

* STUDENT AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI

** ASSISTANT PROFESSOR AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – INDHUMATHI.D & SUGITHKUMAR R G, A STUDY ON THE RELIABILITY AND ADMISSIBILITY OF FORENSIC EVIDENCE IN COURTS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.873-880, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Forensic evidence occupies a central position in contemporary criminal adjudication. The rapid advancement of scientific techniques—particularly DNA profiling, fingerprint analysis, ballistic examination and digital forensics—has significantly influenced the fact‑finding process of courts. However, the perceived infallibility of forensic science has increasingly been questioned in light of documented errors, laboratory failures and wrongful convictions across jurisdictions. The enactment of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the Indian Evidence Act, 1872, marks an important transition in India’s evidentiary regime. This paper critically analyses the reliability and admissibility of forensic evidence under the BSA framework, evaluates judicial approaches, identifies systemic and procedural challenges, and proposes reforms necessary to strengthen evidentiary integrity in India’s criminal justice system. The research finds that while the BSA strengthens the role of forensic evidence—especially digital records—it still depends heavily on proper collection methods, certification requirements, and judicial scrutiny to ensure fairness. The study concludes that forensic evidence can significantly improve conviction accuracy only when supported by robust procedural compliance, trained forensic infrastructure, and vigilant judicial oversight.

ALTERNATIVE REMEDY RULE VS ARTICLE 226 OF THE CONSTITUTION OF INDIA: A JUDICIAL BALANCING ACT

AUTHORS – KSHITIJ SAHU* & ASTHA SRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – KSHITIJ SAHU & ASTHA SRIVASTAVA, ALTERNATIVE REMEDY RULE VS ARTICLE 226 OF THE CONSTITUTION OF INDIA: A JUDICIAL BALANCING ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.865-872, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Article 226 of the Constitution of India occupies a central position in the framework of judicial review by empowering High Courts to issue writs for the enforcement of both fundamental rights and other legal rights. This wide jurisdiction ensures that individuals have access to an effective constitutional remedy against arbitrary state action. However, the exercise of this power is not absolute and is often regulated by the judicially evolved doctrine of alternative remedy, which requires litigants to exhaust statutory remedies before invoking writ jurisdiction.

The doctrine of alternative remedy reflects a principle of judicial self-restraint aimed at maintaining procedural discipline, respecting legislative intent, and preventing unnecessary burden on constitutional courts. At the same time, a rigid application of this rule may hinder access to justice and undermine the constitutional promise of effective remedies.

This research paper examines the tension between Article 226 and the alternative remedy rule as a judicial balancing act between constitutional supremacy and institutional efficiency. It traces the historical development of the doctrine, analyzes key judicial pronouncements, and identifies well-recognized exceptions that permit High Courts to exercise jurisdiction despite the existence of alternative remedies.

The paper argues that the Indian judiciary has adopted a flexible and pragmatic approach by treating the rule as discretionary rather than mandatory. Such an approach ensures that procedural technicalities do not override substantive justice. The study concludes that while the alternative remedy rule is essential for maintaining judicial order, it must be applied cautiously to preserve the fundamental objective of Article 226—ensuring access to justice and protection of rights.

Keywords: Article 226, Judicial Review, Writ Jurisdiction, Doctrine of Alternative Remedy, Access to Justice, Judicial Self-Restraint

RECONCEPTUALIZING SOCIAL JUSTICE AND AFFIRMATIVE ACTION IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS

AUTHOR – DR MONALISA CHANDRA, ASSISTANT PROFESSOR (RESEARCH) UCRD,, CHANDIGARH UNIVERSITY. ORCID ID: HTTPS://ORCID.ORG/0000-0002-3838-4471

BEST CITATION – DR MONALISA CHANDRA, RECONCEPTUALIZING SOCIAL JUSTICE AND AFFIRMATIVE ACTION IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.834-864, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JVGO7730

ABSTRACT

 Ancient social hierarchies and inequalities in India have perpetuated social stratification and unequal resource access. The Indian social divide based on class, caste, creed, race, and gender has led philosophers to propose achieving social justice and equality. Indian philosophers have advocated affirmative action for marginalised groups, as reflected in Articles 14, 15, 16, and 335 of the Indian Constitution. These provisions aim to ensure equal protection and representation for all individuals. The implementation of reservation policies in education, employment, and administration has impacted socio-economic mobility. Although society has transformed since these policies were implemented, implementation challenges persist. Debates about efficiency and merit often oppose affirmative actions. Affirmative action exists in countries like the USA and South Africa to counter discrimination, yet India faces backlash when advocates promote equal representation. To address these issues, reforms are necessary to enhance reservation policies. This study examines social justice through affirmative action and addresses misconceptions about reservations in India. By exploring historical context, constitutional provisions, and implementation challenges, this study contributes to understanding affirmative action’s role in promoting social justice.

Keywords:  Affirmative action, Constitution, Social Justice, Reservation

ASSESSING THE STATUS OF PUBLIC SANITATION IN WEST TRIPURA DISTRICT: A SOCIO-LEGAL RESEARCH

AUTHORS – DR. KABITA CHAKRABORTY* & MISS POULAMI CHAKRABORTY**

* PROFESSOR, FACULTY OF LAW, ICFAI UNIVERSITY, TRIPURA

** GUEST LECTURER, FACULTY OF LAW, ICFAI UNIVERSITY TRIPURA

BEST CITATION – DR. KABITA CHAKRABORTY & MISS POULAMI CHAKRABORTY, ASSESSING THE STATUS OF PUBLIC SANITATION IN WEST TRIPURA DISTRICT: A SOCIO-LEGAL RESEARCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.823-833, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Sanitation, which is a highly private and intimate affair, is directly tied to human dignity and also has a significant public health component and through faeces and wastewater, poor sanitation causes contamination of the environment and public areas as well. The purpose of this study was to look into the issues over using public toilets and to pinpoint ways to make them better. This study mainly focuses on the admittance of Right to Sanitation as a fundamental right under the ambit of Article-21 of the Indian Constitution combining the aspects of health, safety, cleanliness, hygiene, privacy and dignity. This study discusses on the available legal frameworks and policies dealing with human right to sanitation and addresses the gaps by recommending provisions to strengthen the available legislatures and policies and to achieve sustainability in sanitation in India. This study also deals with the infrastructural barriers faced by users while practicing sanitary facilities at public places. There is also discussion of availability of toilet focuses the need of each and every section of the society, proper maintenance of toilet incorporating periodic cleaning and repairmen of damaged functionalities, user involvement in toilet construction, reconstruction of toilets involving modern technologies, providing proper training to cleanliness staffs, creating awareness among users by conducting departmental programs and appointment of a grievance redressal committee and sanitary inspector to inspect and examine the entire process of sanitation at various public toilets to ensure that it meets the bare set standard.

 KEYWORDS:Sanitation, Swachh Bharat Mission, accountability, Clean Toilet Campaign, Municipal Acts, gender-designated,vulnerable.

EVOLUTION OF WILDLIFE LAWS IN INDIA AND THE ROLE OF COMMUNITY IN HUMAN-WILDLIFE CONFLICT AND CONSERVATION

AUTHOR – NELSON P RAJ, LLM- CONSTITUTION AND ADMINISTRATION LAW, SCHOOL OF LAW- CHRIST (DEEMED TO BE) UNIVERSITY, BENGALURU

BEST CITATION – NELSON P RAJ, EVOLUTION OF WILDLIFE LAWS IN INDIA AND THE ROLE OF COMMUNITY IN HUMAN-WILDLIFE CONFLICT AND CONSERVATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.809-822, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/HJSW3046

Abstract

India, known for its rich and diverse ecological heritage, has witnessed an evolving relationship between humans and wildlife spanning ancient reverence, colonial exploitation, and modern conservation efforts. This paper traces the historical evolution of wildlife protection laws in India from pre-colonial religious and cultural norms, through colonial-era regulatory statutes, to contemporary legal frameworks dominated by the Wildlife Protection Act, 1972 and related constitutional provisions. Despite these comprehensive statutory instruments and constitutional mandates such as Articles 48A and 51A(g), India faces escalating human-wildlife conflict driven by habitat loss, expanding agricultural and infrastructural development, and social pressures. The study critically examines judicial interventions that have expanded environmental and animal welfare rights, highlighting landmark cases that underscore the role of courts in conservation governance. Moreover, it explores the vital yet underrepresented role of local communities in conservation practices, analyzing mechanisms such as the Forest Rights Act and Joint Forest Management that enable participatory governance. The paper proposes legal and policy reforms aimed at bridging gaps between law and practice, emphasizing capacity building, inclusion of community knowledge, and sustainable coexistence strategies. Ultimately, this research advocates for an integrative approach to wildlife conservation that aligns ecological preservation with social justice and participatory governance.