MAINTENANCE OF WOMEN UNDER HINDU AND MUSLIM LAW IN INDIA: A COMPARATIVE STUDY WITH SPECIAL REFERENCE TO SECTION 125 CRPC

AUTHOR – NISTHA MISHRA* & SARITA YADAV**

* STUDENT AT AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – NISTHA MISHRA & SARITA YADAV, MAINTENANCE OF WOMEN UNDER HINDU AND MUSLIM LAW IN INDIA: A COMPARATIVE STUDY WITH SPECIAL REFERENCE TO SECTION 125 CRPC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.793-808, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Across personal law boundaries, maintenance in Indian family law serves as a secular, welfare-oriented remedy to prevent destitution of wives, divorced women, children, and parents. This paper examines in detail the scheme of maintenance for women under Hindu and Muslim law, analyses the interface with Section 125 of the Code of Criminal Procedure, 1973 (CrPC), and critically discusses leading Supreme Court decisions such as Shah Bano, Danial Latifi, Shamim Ara, Bhagwan Dutt, Chand Dhawan and Rajnesh v.  Neha.  In light of Articles 14, 15(3), and 21 of the Constitution, as well as recent jurisprudence affirming Muslim divorced women’s right to claim maintenance under Section 125 despite the 1986 Act, it concludes with a normative evaluation and reform recommendations.

Keywords – Maintenance, Stridhan, Constitutional Infusion, Substantive Right, Relief

PREVENTIVE DETENTION AND CONSTITUTIONAL SAFEGUARDS IN INDIA: A CRITICAL ANALYSIS OF ARTICLE 22 AND ITS CONTEMPORARY RELEVANCE

AUTHORS – KRITI MISHRA* & DR. KAVYA CHANDEL**

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

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH, INDIA

BEST CITATION – KRITI MISHRA & DR. KAVYA CHANDEL, PREVENTIVE DETENTION AND CONSTITUTIONAL SAFEGUARDS IN INDIA: A CRITICAL ANALYSIS OF ARTICLE 22 AND ITS CONTEMPORARY RELEVANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.786-792, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper critically examines the concept of preventive detention in India and the constitutional safeguards provided under Article 22. Preventive detention allows the State to detain a person without trial in order to prevent potential threats to national security and public order and the overall stability of society. While such a power may be necessary in certain situations, it also raises serious concerns about protection of personal liberty and the possibility of arbitrary action. The paper explores the historical roots of preventive detention that trace back to the colonial period. It Further examines the legal provision related to preventive detention and the statues enacted by legislature to address emerging challenges to national security and peace. special emphasis is placed on Article 22 which attempts to strike a balance between individual rights and State interests by providing certain procedural safeguards even in cases of detention without trial. The paper also analyses the role of the judiciary in interpreting and protecting fundamental rights in preventive detention cases. Through judicial review, courts have played a crucial role in ensuring that such powers are exercised within constitutional limits and not used arbitrarily. At the same time, the study addresses concerns regarding the misuse of preventive detention laws, particularly during periods of political unrest and emergency. By examining its contemporary relevance, this paper highlights the continuing tension between collective security and individual freedom. It concludes that while preventive detention remains an important legal tool, its exercise must be guided by constitutional principles, transparency, and strict judicial supervision to safeguard democratic values and personal liberty.

DE-DEMOCRATISING THE WORKPLACE: UK EMPLOYMENT LAW AS CONSTITUTIONAL PROJECT FROM VOLUNTARISM TO MANAGED INEQUALITY

AUTHOR – TADGH QUILL-MANLEY. STUDENT AT KING’S INNS

BEST CITATION – TADGH QUILL-MANLEY, DE-DEMOCRATISING THE WORKPLACE: UK EMPLOYMENT LAW AS CONSTITUTIONAL PROJECT FROM VOLUNTARISM TO MANAGED INEQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 705-723, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CVGO1594

Abstract

By arguing that employment law changed from postwar voluntarism to a purposeful constitutional project that subordinated collective worker voice to executive and managerial authority, this article critically examines the decline of industrial democracy in the UK. Important interventions that enacted authoritarian legalism rather than neutral regulation, such as the Industrial Relations Act of 1971, the Trade Union Acts of 1984 and 2016, and the Strikes (Minimum Service Levels) Act of 2023, substituted procedural compliance for substantive participation. The article frames this trajectory as de-democratisation of the economic sphere, leaving workplaces as areas of private despotism despite formal political democracy, drawing on Schmittian sovereignty concepts and research on authoritarianism in labour governance. The Employment Rights Act 2025 partially reverses this by repealing the 2023 Act immediately, relaxing ballot thresholds and notice rules, banning exploitative zero-hours contracts, introducing day-one unfair dismissal rights, and strengthening union recognition and protections against fire-and-rehire and harassment. These reforms are still primarily defensive and procedural, despite the fact that they promise benefits for more than 18 million workers, productivity increases, and closer OECD alignment. Instead of attaining true democratic reopening, the Act liberalises within neoliberal bounds in the absence of codetermination, mandatory sectoral bargaining, or constitutionally guaranteed participation. Two arguments are made by the analysis: first, collective power has been constitutively disciplined by UK employment law; and second, even recent progressive changes highlight enduring structural limitations. In order to address the disparity between economic power and democratic accountability, true industrial democracy necessitates rethinking the workplace as a constitutional polity, casting doubt on the validity of Britain’s uncodified constitution.

DECODING THE PMLA IN A VIRTUAL ECONOMY: ADDRESSING THE ILLEGAL USE OF BITCOIN UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002

AUTHOR – THAMARAISELVI T* & MS.T.VAISHALI**

* STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR, DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, SOEL, TNDALU

BEST CITATION – THAMARAISELVI T & MS.T.VAISHALI, “THE CONSTITUTIONAL BALANCE BETWEEN THE INSOLVENCY AND BANKRUPTCY CODE (IBC) AND ARTICLE 14: A DOCTRINAL REVIEW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 689-704, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research looks at how the Prevention of Money Laundering Act 2002, in India’s being expanded. The Prevention of Money Laundering Act 2002 is being updated to deal with the growing financial system. The Prevention of Money Laundering Act 2002 needs to address the use of Bitcoin and other Virtual Digital Assets. This is an issue because people are using Bitcoin and Virtual Digital Assets in bad ways. The Prevention of Money Laundering Act 2002 has to be changed to stop this. The Virtual Digital Assets region is like a no man’s land. It is a place where the rulers’ not very clear. The Virtual Digital Assets region is now part of Indias rules to stop money laundering. This happened because of notes from the Ministry of Finance in March 2023. There were also guidelines from the Financial Intelligence Unit in January 2026. The Virtual Digital Assets region is now, under these rules. The guideline says that VDA service companies are called Reporting Entities. This means they have to follow a lot of rules. They have to do -layer KYC and Enhanced Due Diligence for big transactions that are very risky. They also have to follow the Travel Rule so that everyone can see what is happening with money being sent across borders.

The Directorate of Enforcement has taken a lot of money from people who were doing things. Like the ₹1,646 crore they got back from BitConnect.. It is still very hard for them to catch people who are doing bad things because they use things, like mixers and tumblers to hide what they are doing. There is also a problem because even when they do catch people and take their money it is hard to actually convict them in court. VDA service companies have to deal with this all the time. For all these challenges, India’s 2024 Financial Action Task Force (FATF) Mutual Evaluation rating of “Largely Compliant” for Recommendation 15 illustrates how the kingdom has actually raised its crypto oversight game to conform with global standards re: combatting monetary crime.

KEYWORDS Virtual Digital Assets (VDA), Bitcoin, Money Laundering, PMLA, 2002, FIU-IND, AML/CFT Compliance, FATF Mutual Evaluation 2024, Enforcement Directorate (ED), Travel Rule, Crypto-mixers/Tumblers.

HISTORICAL AND LEGISLATIVE DEVELOPMENTS OF CSR IN INDIA

AUTHOR – RAKHSHAN AHMAD* & DR. ROSHINI SHRIVASTAV**

* LLM (BUSINESS LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – RAKHSHAN AHMAD & DR. ROSHINI SHRIVASTAV, HISTORICAL AND LEGISLATIVE DEVELOPMENTS OF CSR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 660-665, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides an exhaustive analysis of the trajectory of Corporate Social Responsibility (CSR) in India, tracing its metamorphosis from voluntary philanthropy rooted in religious and cultural ethos to a statutorily mandated governance framework unique to the global legal landscape. The study delineates the historical evolution of social responsibility, moving from the Gandhian ideal of ‘Trusteeship’ and pre-independence industrial philanthropy to the modern paradigm of ‘Stakeholder Responsibility’.

Central to this research is a granular dissection of the Companies Act, 2013, specifically Section 135, which made India the first country to legally mandate CSR spending. The paper scrutinizes the complex web of legislative amendments from 2014 through the fiscal year 2026, highlighting the regime’s shift from a “comply or explain” approach to a rigorous “comply or penalize” model. Key legislative developments analysed include the decriminalization of offenses, the introduction of the 2021 Amendment Rules regarding unspent accounts and impact assessments, and the Companies (Amendment) Bill, 2025, which proposes lowered applicability thresholds and heightened penalties.

Furthermore, the paper examines key judicial interpretations that have shaped compliance standards, including Technicolor India and Lantio Communications. It concludes by exploring the emerging frontier of climate litigation, specifically the landmark Supreme Court judgment in M.K. Ranjitsinh (2025). This ruling links CSR to ‘Corporate Environmental Responsibility’ (CER) and the constitutional duty under Article 51A(g), effectively elevating environmental stewardship from a discretionary activity to a constitutional imperative.

KEYWORDS: Corporate Social Responsibility (CSR), Section 135, Trusteeship, Comply or Penalize, Corporate Environmental Responsibility (CER)

THE DIGITAL PERSONA IN PERIL: ANALYZING THE DECRIMINALIZATION PARADOX IN INDIA’S BIOMETRIC DATA LAWS

AUTHOR – ARCHI ARYA* & DR.MUDRA SINGH**

* LLM. (CRIMINAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

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

BEST CITATION – ARCHI ARYA & DR.MUDRA SINGH, THE DIGITAL PERSONA IN PERIL: ANALYZING THE DECRIMINALIZATION PARADOX IN INDIA’S BIOMETRIC DATA LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 653-659, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The integration of biometric authentication into India’s governance infrastructure has fundamentally altered the relationship between the citizen and the State, creating a “digital persona” susceptible to surveillance and commercial exploitation. This research paper provides a doctrinal analysis of the evolving legal architecture governing biometric data in the “post-Puttaswamy” era, where the Supreme Court’s recognition of the fundamental right to privacy serves as the normative baseline for data protection.

The study examines the fragmented statutory landscape, juxtaposing the rigorous criminal penalties of the Aadhaar Act, 2016, and the Information Technology Act, 2000, against the nascent civil liability regime introduced by the Digital Personal Data Protection Act, 2023 (DPDP Act). It traces the jurisprudential shift from the “spatial” privacy of early case law to the “informational privacy” established in Justice K.S. Puttaswamy v. Union of India (2017), which mandated a tripartite test of legality, necessity, and proportionality for state intrusion.

Furthermore, the paper evaluates the “decriminalization paradox” emerging from the DPDP Act, which replaces imprisonment with monetary penalties, potentially weakening the deterrence framework for individual data breaches. By mapping these statutes against surveillance risks, the research concludes that while India has transitioned toward a consent-centric regime, significant lacunae remain regarding the regulation of state surveillance and the classification of biometric data thefnder the Bharatiya Nyaya Sanhita, 2023.

Keywords: Biometric Data, Right to Privacy, Puttaswamy, Aadhaar Act, DPDP Act 2023, Data Surveillance.

LEGAL AND ETHICAL ISSUES IN ARTIFICIAL REPRODUCTIVE TECHNOLOGIES

AUTHOR – VANSHIKA SHUKLA, RESEARCH SCHOLAR, (PH.D.), FACULTY OF LAW, BANASTHALI VIDYAPITH, JAIPUR, RAJASTHAN

BEST CITATION – VANSHIKA SHUKLA, LEGAL AND ETHICAL ISSUES IN ARTIFICIAL REPRODUCTIVE TECHNOLOGIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.778-785, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CLJK3512

ABSTRACT

Artificial Reproductive Technologies (ART) like IVF and surrogacy have really changed the way people in India face infertility. Although in 2025, India handles over 200,000 IVF cycles each year. The paper examines into those challenges through the lens of ethics, real court cases, and the latest laws.

In keeping with this, The Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, established laws for hospitals, make registration mandatory, and ban commercial surrogacy. Still, ethical problems haven’t gone away. There’s constant debate should embryos be used in research or just discarded. Is consent truly informed in egg donation or surrogacy, or are poor women getting the worst of it? Unofficial sex selection persists, even though the 1994 PCPNDT Act bans it, and this pushes a troubling “better babies” mindset. Indian surrogacy laws draw a hard-line single people, LGBTQ+ peoples, and foreigners get shut out. That’s sparked lawsuits from people fighting for the right to build families on their own terms. Cases like Baby Manji Yamada (2008) and Jan Balaz (2010) dragged issues like citizenship and parental rights into the spotlight, while recent 2025 court rulings on age limits show the legal landscape isn’t standing still.

This article deals with where the laws fall short and pushes for reforms fairer access, tighter oversight, and strong ethics that actually line up with the rights promised in Articles 14, 15, and 21 of India’s Constitution. If India wants a just future for families, it needs to strike the right balance between cutting-edge tech and real fairness.

Keywords: Informed Consent, Embryo Ownership, Surrogacy Laws, Genetic Privacy, Parental Rights, Bioethics.

“REAL ESTATE DELAYS AND THE CONSUMER PROTECTION ACT – OVERLAP AND CONFLICT WITH RERA”

AUTHOR – ADV. MAHESH MILIND RAMPURKAR, LLM II YEAR , SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ADV. MAHESH MILIND RAMPURKAR, “REAL ESTATE DELAYS AND THE CONSUMER PROTECTION ACT – OVERLAP AND CONFLICT WITH RERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.771-777, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

One should not wait until the dream of owning a home turn into a nightmare of endless delays. Be sure that the consumer has equal protection under both the Consumer Protection Act and the Real Estate (Regulation and Development) Act, 2016 (RERA). (History) Before the enactment of RERA in 2016, homebuyers mainly depended on the Consumer Protection Act, 1986 to seek justice against unfair trade practices and project delays. The consumer forums became the primary redressal bodies for aggrieved homebuyers. (Present Status) With the coming of RERA, the aim was to bring transparency, accountability, and speed in resolving disputes related to real estate. However, the overlap of remedies under the Consumer Protection Act, 2019 and RERA has raised legal confusion. Buyers are often unsure whether to approach consumer forums or RERA authorities for relief. (Short Explanation) Real estate contracts and project timelines are at the core of consumer interest. Delayed possession, misleading advertisements, and non-compliance by developers lead to heavy financial and emotional loss. While RERA provides for registration of projects and specific timelines, the Consumer Protection Act continues to entertain complaints, creating jurisdictional conflicts. (Research Problem) Whether the remedies under both laws can be pursued simultaneously or whether one excludes the other is still debated. This overlap leads to conflicting judgments, forum shopping, and prolonged litigation, defeating the very purpose of speedy justice. (Hypothesis) Harmonious interpretation of both laws and clear guidelines on jurisdiction will help minimize confusion, delays, and multiplicity of proceedings. (Possible Reform) There must be clarity in law that specifies the scope of each statute. A common platform for redressal, strict adherence to timelines under RERA, and uniform enforcement of judgments can protect the rights of consumers more effectively. (Aim and Objective) The researcher has undertaken this topic to study the real estate delays in India, analyse the remedies available under both the Consumer Protection Act and RERA, and evaluate the overlap and conflict between the two in order to suggest reforms for better consumer protection.

Key Words – Real Estate, Consumer Protection Act, RERA, Homebuyers, Jurisdiction, Delay

THE ROLE OF FUNDAMENTAL RIGHTS IN PROTECTING CHILDREN FROM EXPLOITATION

AUTHOR – DR. RAMESH LUNAVATH,DEPARTMENT OF LAW, KAKATIYA UNIVERSITY, HANUMAKONDA – 506009

BEST CITATION – DR. RAMESH LUNAVATH, THE ROLE OF FUNDAMENTAL RIGHTS IN PROTECTING CHILDREN FROM EXPLOITATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.761-770, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/TAOG3535

Abstract

Children are among the most vulnerable sections of society and are often exposed to various forms of exploitation, including economic, sexual, physical, emotional, and digital abuse. The Constitution of India, through its Fundamental Rights, provides a strong legal framework for safeguarding children against such exploitation and ensuring their holistic development. This paper examines the role of Fundamental Rights in protecting children from exploitative practices by analyzing relevant constitutional provisions such as the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Life and Personal Liberty, and Right to Education. It also explores the supportive role of Directive Principles of State Policy in promoting child welfare and addressing the socio-economic factors that contribute to child vulnerability. The study further highlights the significance of child-centric legislations, judicial interpretations, and institutional mechanisms in enforcing constitutional mandates. Despite the existence of comprehensive legal safeguards, challenges such as poverty, illiteracy, lack of awareness, enforcement gaps, and emerging digital threats continue to impede effective implementation. The paper emphasizes the need for integrated policy interventions, strengthened enforcement mechanisms, and community participation to create a protective environment for children. Ensuring the effective realization of Fundamental Rights is essential for building a child-friendly legal system that promotes the dignity, security, and overall development of every child in India.

Keywords: Child Rights, Fundamental Rights, Child Exploitation, Constitutional Safeguards, Juvenile Justice, Right to Education, Child Protection Laws, Judicial Activism.

A CRITICAL ANALYSIS OF RETROSPECTIVE TAXATION IN MINING INDUSTRY

AUTHOR – GARVIT MAHENDRA, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – GARVIT MAHENDRA, A CRITICAL ANALYSIS OF RETROSPECTIVE TAXATION IN MINING INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.754-760, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the Supreme Court ruling of 2024 that allowed Indian states to impose and collect taxes from back date i.e retrospectively (royalty and cess) from April 2005 on mining activities. It analyzes the legal and constitutional framework (Income Tax Act, MMDR Act 1957, and fiscal federalism entries) governing such taxes, focusing on the Mineral Area Development Authority v. SAIL case which resolved long-standing disputes over royalty as tax. The economic impact on investors and companies is assessed, including investor sentiment, financial strain on mining firms, and ripple effects on allied sectors. We find that, while the decision reinforces state taxing powers and federal fiscal autonomy, it imposes massive, backdated liabilities (₹1.5–2 lakh crore) on mining companies, threatening investment and growth.

Keywords:

Retrospective taxation; mining royalty; India; income tax; MMDR Act 1957; fiscal federalism; investor sentiment.