A CRITICAL ANALYSIS OF THE POLICE ACT AND INFRINGEMENT OF FUNDAMENTAL RIGHTS CAUSED BY POLICE AUTHORITY

AUTHOR – KARSANG NINI, LLM SCHOLAR, STUDENT AT RAJIV GANDHI UNIVERSITY, ARUNACHAL PRADESH, INDIA

BEST CITATION – KARSANG NINI, A CRITICAL ANALYSIS OF THE POLICE ACT AND INFRINGEMENT OF FUNDAMENTAL RIGHTS CAUSED BY POLICE AUTHORITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 243-259, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Police Act of 1861, enacted in the aftermath of the Revolt of 1857, remains one of the most enduring colonial statutes governing policing in post-independence India. Designed to consolidate imperial control rather than to protect individual liberties, the Act institutionalized a centralized, executive-dominated policing structure premised on obedience and coercion. Despite the adoption of the Constitution of India in 1950 and the entrenchment of fundamental rights under Articles 14, 19, and 21, the colonial framework of policing continues to shape law-enforcement practices across most Indian states. This article critically examines the constitutional and human-rights implications of the continued operation of the Police Act, 1861. Through doctrinal analysis of constitutional provisions, landmark judicial pronouncements, and reform commission reports, the study demonstrates how the colonial ethos embedded in the Act has contributed to systemic violations, including custodial violence, arbitrary arrest, extrajudicial killings, and suppression of democratic dissent. The article evaluates the judiciary’s role in constitutionalizing police powers through decisions such as D.K. Basu v. State of West Bengal and Prakash Singh v. Union of India, while highlighting the limitations of judicial reform in the absence of legislative transformation. Drawing comparative insights from democratic policing models in jurisdictions such as the United Kingdom, the United States, and Canada, the study argues that the Police Act of 1861 is fundamentally incompatible with a rights-based constitutional order. It concludes by advocating the repeal of the colonial statute and its replacement with a modern police law grounded in constitutional morality, accountability, autonomy, and respect for human dignity.

KEYWORDS Police Act, 1861; Fundamental Rights; Article 14, 19 and 21; Custodial Violence; Arbitrary Arrest; Judicial Intervention; Police Reforms; Constitutional Morality; Prakash Singh Case; D.K. Basu Guidelines.

T. SAREETHA V. T. VENKATA SUBBAIAH: A CONSTITUTIONAL CHALLENGE TO THE RESTITUTION OF CONJUGAL RIGHTS

AUTHOR – BIJLI MUTHAMMA MP, JINDAL GLOBAL LAW SCHOOL

BEST CITATION – BIJLI MUTHAMMA MP, T. SAREETHA V. T. VENKATA SUBBAIAH: A CONSTITUTIONAL CHALLENGE TO THE RESTITUTION OF CONJUGAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 238-242, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Introduction

In India, marriage has traditionally been viewed as a sacred and perpetual social bond instead of a contractual arrangement. The Hindu Marriage Act (HMA) itself has embodied this perception by acknowledging mutual obligations like companionship, support, and cohabitation of spouses. Section 9, which enforces restitution of conjugal rights (RCR), was enacted with the proclaimed objective of maintaining marital harmony through the return of a withdrawing spouse^[1]. But in reality, this provision has been faulted for limiting “conjugal rights” to the limited concept of sexual cohabitation and allowing state interference in activities that are inherently private.

The case of T.Sareetha v. T. Venkata Subbaiah brought this issue into sharp focus by questioning whether compelling cohabitation by means of court directive violates the fundamental right to equality, personal liberty, and privacy under Articles 14, 19, and 21 of the Constitution of India^[2]. The case was highly publicized because it entailed balancing the sanctity of marriage and marital duty with the freedom and bodily autonomy of the individual. It reshaped the lines between law and everyday life, prompting consideration of whether marriage ought to be a place of choice and mutual respect or one of law and coercion.In the present case commentary, I am going to critically examine the decision rendered by Justice P.A. Choudary in T.Sareetha v. T. Venkata Subbaiah by scrutinizing the factual background, legal issues, and reasoning of the court. The commentary evaluates the constitutional details of Section 9 of the HMA, its impact on gender justice and individual liberty, and how the case reconfigured the debate on privacy and autonomy in matrimonial law. It also compares the rationale in T. Sareetha with subsequent judicial developments to determine whether the provision, as implemented, really protects the marriage institution or erodes individual rights.

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[1] Hindu Marriage Act, 1955 § 9.

[2] T. Sareetha v. T. Venkata Subbaiah, AIR 1983 AP 356; India Const. arts. 14, 19, 21.

BULLYING OR SHIELDING? – A STUDY ON THE ASPECTS OF TRADEMARK BULLYING AND ITS IMPLICATIONS

AUTHOR – B. VEENA NIRUDHIYA, II-YEAR LL.M. (IPR), GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TAMIL NADU

BEST CITATION – B. VEENA NIRUDHIYA, BULLYING OR SHIELDING? – A STUDY ON THE ASPECTS OF TRADEMARK BULLYING AND ITS IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 223-237, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/PCOY7928

Abstract

In this technologically advanced era, protecting the exclusive rights of intellectual property has become essential due to various forms of infringement. However, it is pertinent to note that the exclusive rights granted by law must be exercised within their scope, without encroaching on the boundaries of others. There are several practices where a particular brand or company attempts to dominate other entities by abusing their power in bad faith. Trademark bullying is a strategy where dominant entities aggressively enforce their trademark rights against smaller entities, claiming a likelihood of confusion or infringement. These bullies demand compensation from the other party without genuine claims and abuse their market position by sending threatening cease-and-desist notices, initiating legal proceedings claiming infringement, etc. This research examines when the conduct of such entities becomes an anti-competitive behaviour. It analyses the intersection between trademark law and competition law and explains the importance of consumer perception. The study discusses how claims for legitimate trademark protection can potentially affect the market economically and emphasises the need to address this issue. The paper reviews the positions of various countries regarding opposition to trademark bullying. Additionally, the study shows how trademark bullying is strategically practised through the misuse of domain names and social media elements. The research concludes with suggestions to control trademark bullying in the marketplace and necessitates the importance of clear measures to prevent trademark law from being exploited by dominant companies and fixing proper criteria to determine the aspects of trademark bullying.

Keywords: Trademark bullying, protection, confusion, consumer, infringement, dilution, exclusive rights.

DIGITAL COPYRIGHT INFRINGEMENT: ANALYSIS OF FAIR DEALING IN CYBERSPACE

AUTHORS – ARISIA* & AMARTYA SAHASTRANSHU SINGH**

* LLM (CRIMINAL LAW) RGSOIPL, IIT KHARAGPUR

** LLM (INTERNATIONAL LAW) RGSOIPL, IIT KHARAGPUR

BEST CITATION – ARISIA & AMARTYA SAHASTRANSHU SINGH, DIGITAL COPYRIGHT INFRINGEMENT: ANALYSIS OF FAIR DEALING IN CYBERSPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 216-222, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/GWXG9355

ABSTRACT

There is a doctrine of fair dealing/ fair use that exists in different legal systems under various names. It has seen a lot of ebb and flow in the material world but a uniform trend in the jurisprudence has been observed including in India. The application of fair dealing in cyberspace, however, leaves a lot to be desired specifically with respect to cases regarding fanfictions and YouTube videos using copyrighted material in a transformative way. Secondly, there is a lot of focus on educational material and little on other uses of copyrighted works such as parodies under fair usage. There is no consensus on the issue of profiting from certain transformative works, and the status of certain digital works as being infringing or being fair use. This paper shall thus, attempt to create a consensus regarding the aforementioned points using secondary sources and analytical methodology.

KEYWORDS: Copyright, Fair Dealing, Cyberspace, Derivative works

THE BIHAR EXCISE (AMENDMENT) ACT, 2016: A REVIEW OF ITS PROVISIONS, IMPLEMENTATION, AND OUTCOMES

AUTHOR – SKAND VATS & SAANVI PANIGRAHI

STUDENTS AT UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY CHANDIGARH

BEST CITATION – SKAND VATS & SAANVI PANIGRAHI, THE BIHAR EXCISE (AMENDMENT) ACT, 2016: A REVIEW OF ITS PROVISIONS, IMPLEMENTATION, AND OUTCOMES : SKAND VATS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 212-215, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MRBX1202

In 2016 , The Bihar legislative assembly passed the Bihar excise (Amendment) Bill,2016 to enforce an ostracisation on country made liquor enforcing from 1st April ,2016 . It was not a first step of amending this Law, later in 1919, it was amended to incorporated more rigorous penal provision including a death sentences for manufacturer & distributors of illicit liquor. The policy of liquor proscribe was done in the phase sagacious like in the Phase 1 all shops selling country liquor in rural areas were shut down , in Phase 2 were alcohol is consummately ostracised in the state was to be introduced in 6 months . After this the state become plenarily dry but in the first phase of restriction many gregarious activists & women inductively authorised the Chief minister of Bihar Nitish Kumar to proscribe alcohol thoroughly because of alcohol addiction among men’s , which the regime led by the Nitish Kumar caved in to their injunctive authorization. At that time it was a celebrated policy emphasising the societal imbalances, such as domestic violence among couples , abducting , rape etc . It was among the major policy implemented but the Nitish Kumar led regime with the coalition of Mahagatbandan , Nitish Kumar quoted in the Bihar Vidhansabha “ women are suffering more than anyone else due to incrementing liquor consumption, Alcohol Addiction led to family quandaries incrementing domestic violence and additionally effected The children Edification. Section 37 of the Bihar Prohibition and Excise Act , 2016 enjoins the manufacturing , bottling , distributing, Conveying , accumulating, storing , possessing , purchasing , selling or consuming , any type of liquor or intoxicating materials . Section 13 of this act , outlines that all the forms of liquor, including Country liquor and peregrine liquor to be vetoed.

STUDENT SUICIDES AND EDUCATIONAL JUSTICE : A COMPARATIVE CASE STUDY OF INDIA AND  THE UNITED STATES

AUTHOR – AYUSH SONI* & DIVYANSH AWASTHI**

* STUDENT, AIE, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS.

** STUDENT, AIRS, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS.

BEST CITATION – AYUSH SONI & DIVYANSH AWASTHI, STUDENT SUICIDES AND EDUCATIONAL JUSTICE : A COMPARATIVE CASE STUDY OF INDIA AND  THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 202-211, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CHZP1225

ABSTRACT

Student suicides have become a major concern in both India and the United States, highlighting the critical need for institutional accountability in protecting the rights, dignity, and welfare of students. Education must be viewed as a place of justice and safety in addition to knowledge. These tragic incidents are frequently connected to academic stress, systemic discrimination, bullying, and administrative neglect.  Although student mental health has been the subject of numerous studies, very few have examined the matter from a comparative, legal-educational perspective, resulting in a knowledge gap regarding how various systems handle such crises. This study seeks to address that gap by analyzing significant case studies from India such as the suicide cases of Rohith Vemula and Darshan Solanki, as well as students in Kota coaching hubs and also including the well-known cases of Megan Meier and Phoebe Prince in the United States. This study adopts a qualitative, case-based comparative methodology to examine how legal frameworks, institutional practices, and cultural contexts shape responses to student vulnerability. The results show that although the US has stronger policies, consistency and implementation are issues, whereas India suffers from fragmented frameworks and poor enforcement. This study emphasizes how institutions must strengthen their institutional accountability through grievance redressal, mental health support, and anti-discrimination measures by incorporating comparison tables and discussions. The study concludes that preventing student suicides is not merely a welfare issue but a constitutional and human rights imperative, with significant implications for building safer, equitable, and justice-oriented educational environments worldwide.

KEYWORDS:Academic Pressure, Educational Justice, Institutional Accountability, Mental Health, Student Suicide

AN ANALYSIS ON REGULATORY CONTROL OF TRANSBOUNDARY ACID RAIN POLLUTION

AUTHOR – NIKITHA ANN VARGHESE, ADVOCATE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY

BEST CITATION – NIKITHA ANN VARGHESE, AN ANALYSIS ON REGULATORY CONTROL OF TRANSBOUNDARY ACID RAIN POLLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 191-201, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QQWS6758

1. INTRODUCTION TO TRANSBOUNDARY ACID RAIN

Transboundary acid rain pollution is a significant environmental issue where sulfur dioxide (SO₂) and nitrogen oxides (NOₓ) emissions from industrial activities, power plants, and vehicles travel across national borders through atmospheric circulation. These pollutants react with water vapor, oxygen, and other chemicals in the atmosphere to form acid rain, which falls to the ground as rain, snow, or fog. Acid rain has severe environmental consequences, including soil degradation, water contamination, forest destruction, and damage to historical monuments. It also poses risks to human health and biodiversity.

Many countries have experienced cross-border acid rain disputes, such as the USA-Canada acid rain conflict, which led to the 1991 U.S.-Canada Air Quality Agreement to reduce emissions.

Similarly, concerns have been raised about pollution from China affecting India, particularly in the Himalayan region, were black carbon and acid deposition impact glaciers and ecosystems. The issue of transboundary acid rain pollution highlights the need for international cooperation, legal frameworks, and stringent emission controls to address environmental damage and promote sustainable development.

THE EVOLUTION OF CHINA’S COURT SYSTEM: INSTITUTIONAL TRANSFORMATION AND THE RISE OF SMART JUDICIAL GOVERNANCE

AUTHOR – SRINIVAS. M.K.^[1]* & AKSHAY. M.S.^[2]**

* DEPARTMENT OF STUDIES IN LAW, UNIVERSITY OF MYSORE

** ADVOCATE ,HONOURABLE HIGH COURT OF KARNATAKA

BEST CITATION – SRINIVAS. M.K. & AKSHAY. M.S, THE EVOLUTION OF CHINA’S COURT SYSTEM: INSTITUTIONAL TRANSFORMATION AND THE RISE OF SMART JUDICIAL GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 172-190, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NAUB3491

Abstract

The transformation occurred in distinct phases, including the early conventional system (1949–late 1970s), post-reform institutional reconstruction (late 1970s–1990s), performance evaluation and professionalization (2000–2013), judicial accountability reforms and digital foundations (2014–2016), and the integration of smart court technologies (2016–present). Each phase reflects a state-led model of judicial modernization, emphasizing efficiency, centralized supervision, and gradual professionalization. Smart courts, incorporating artificial intelligence, big data, cloud computing, blockchain, and Internet Courts, represent not merely technological upgrades but a systemic reconfiguration of judicial governance. While these developments have improved access to justice, transparency, and consistency, they also present challenges, including algorithmic bias, cybersecurity risks, digital exclusion, and tensions between efficiency and judicial autonomy. This paper traces the evolution of the Chinese court system from conventional, administration-oriented institutions to technologically advanced smart courts.  The paper also highlights the long-term implications of China’s smart court model for judicial independence, the rule of law, and comparative legal studies.Keywords: Smart courts, judicial modernization, China, digital adjudication, judicial accountability

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[1] Ph.D. Scholar (Law), Department of Studies in Law, University of Mysore, Gold Medallist in B.Sc. and M.Sc.; recipient of five Gold Medals and three Cash Prizes in LL.M. (Constitutional Law) with Distinction from the University of Mysore. He holds an Associateship and Diploma in Insurance from the Insurance Institute of India, Mumbai, is UGC-NET qualified, and is a multilingual scholar and practicing advocate.

Orcid: https://orcid.org/0009-0002-0475-9447.

[2] LL.M, B.A.LL.B, Advocate ,Honourable High Court of Karnataka.

CASE CONCERNING DATASTREAM INC. (BELGIUM V. SPAIN) (2025)– A MOCK JUDICIAL OPINION

AUTHOR – S JAGATHRATCHAGAN, STUDENT AT O.P.JINDAL GLOBAL UNIVERSITY

BEST CITATION – S JAGATHRATCHAGAN, CASE CONCERNING DATASTREAM INC. (BELGIUM V. SPAIN) (2025)- A MOCK JUDICIAL OPINION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 166-171, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KKKR2671

International Court of Justice Judgment

Procedural Background

On July 3, 2024, Belgium filed an application against Spain with the International Court of Justice claiming that Spanish authorities unlawfully closed down the DataStream Inc. which operates globally and that Belgium owes compensation to the harmed shareholders. Spain submitted a Counter-Memorial justifying the closure as a proper exercise of executive arbitrariness. Both under Article 31 of the Statute, Belgium and Spain have assigned ad hoc judges to accompany the Court. The judges completed the necessary documents for the March 2025 hearing in order to have the case fully ready for a decision.

BEYOND POSITIVISM: LIMITS OF WESTERN JURISPRUDENCE AND THE INDIAN KNOWLEDGE SYSTEM AS AN ALTERNATIVE

AUTHOR – DR. NAMRATA TIWARI, ASSISTANT PROFESSOR AT CAREER COLLEGE OF LAW, BHOPAL

BEST CITATION – DR. NAMRATA TIWARI, BEYOND POSITIVISM: LIMITS OF WESTERN JURISPRUDENCE AND THE INDIAN KNOWLEDGE SYSTEM AS AN ALTERNATIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 159-165, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BYSE6892

Abstract

Western jurisprudence, which has had a serious impact on contemporary legal systems, is based on Enlightenment reasonableness, legal positivism, and the liberal tradition of individual rights. This system has enriched constitutional governance, human rights, and the rule of law, but its shortcomings appear when applied outside its cultural and philosophical roots. Its rigid isolation of law from morality, focus on individual rights at the expense of collective obligations, and mechanistic comprehension of justice tends to render it unsuitable for societies such as India, where law has long been inextricably linked with moral, religious, and communal aspects. This paper critically discusses these limitations of Western jurisprudence, observing that its pretenses of universality commonly involve a cover-up for cultural blindness by disregarding diverse epistemological traditions. Conversely, the Indian knowledge system (IKS) offers a rich jurisprudential option, rooted in texts and traditions like the Vedas, Dharmashastras, Arthashastra, Buddhist and Jain philosophies, and indigenous customary practices. Underlying it is dharma, which combines law, morality, and cosmic order, providing a more integrated vision of justice. In contrast with the positivist command-and-sanctions model, dharma calls attention to duty, ethical accountability, and balance between the individual, society, and nature. The pragmatic principles of governance in Kautilya’s Arthashastra, the environmental and empathetic ethos of Buddhist and Jain philosophy, and the reconciling practices of indigenous peoples collectively offer models of justice beyond abstract, confrontational models of Western law. This research contends that there is a need to work towards a plural jurisprudence that synthesizes the merits of Western right doctrines with Indian practices of duties, reconciliation, and integral order. This is not only a means of overcoming the cultural deficit of Western jurisprudence but also gives access to greater understanding for coping with urgent contemporary issues such as ecological disasters, social disintegration, and the quest for restorative justice.

Keywords: Western Jurisprudence, Indian Knowledge System, Dharma, Positivism, Duties, Alternative Jurisprudence