BETWEEN MARRIAGE AND AUTONOMY

AUTHOR – JHEEL NAGORI, STUDENT AT INSTITUTE OF LAW, NIRMA UNIVERSITY

BEST CITATION – JHEEL NAGORI, BETWEEN MARRIAGE AND AUTONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 50-61, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KEVG1266

Abstract

The criminal law’s treatment of rape has undergone significant transformation over the past century, evolving from a morality-based framework to one centred on consent, bodily autonomy, and individual dignity. Despite this progress, the persistence of the marital rape exception in several modern legal systems exposes a fundamental inconsistency in the protection afforded to women against sexual violence. The paper begins by examining what constitutes rape in modern criminal jurisprudence, with particular emphasis on the evolving understanding of consent as voluntary, informed, and revocable. It challenges the historically entrenched notion that marriage implies perpetual consent, demonstrating how this assumption is rooted in patriarchal legal doctrines that conceptualised wives as subordinate to their husbands. By situating rape within the framework of sexual autonomy and bodily integrity, the study establishes that non-consensual sexual acts cause harm irrespective of the relationship between the perpetrator and the victim. The research analyses marriage as a disciplinary institution through which sexual access and control are normalised. It argues that the legal immunity granted to marital rape operates as a mechanism of institutional power, legitimising coercion by rendering it invisible to criminal law. Feminist legal theory further informs this analysis by exposing how the public–private divide shields intimate forms of violence from legal scrutiny and reinforces gendered hierarchies within the family. The study undertakes a comparative legal analysis of jurisdictions that have criminalised marital rape alongside those that retain partial or complete exemptions. Focusing on the Indian legal framework, the paper examines the statutory retention of the marital rape exception and evaluates its compatibility with constitutional guarantees of equality, dignity, and personal liberty. Ultimately, the paper argues for the removal of the marital rape exception and the adoption of a consent-based, gender-neutral legal framework that aligns criminal law with constitutional morality and international human rights obligations.

Keywords: Marriage, Rape, Equality, Patriarchy, Autonomy

LEGAL CONTRACTS FOR SURROGACY COLLABORATION

AUTHOR – KOMAL MOHITE, LLM II STUDENT AT DES SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – KOMAL MOHITE, LEGAL CONTRACTS FOR SURROGACY COLLABORATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 41-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Whenever a couple sees darkness in becoming parents, there is an opportunity in modern times for their wish to come true. This all took place in the year 1976 when Michigan Lawyer Noel Keane created the first legal surrogacy contract in the United States. Later, from the

1980’s, paid paid surrogacy arrangements started taking place. In India, under the Surrogacy Act of 2020, the surrogate cannot receive any financial compensation other than medical expenses and insurance. Surrogacy is a process in which a surrogate woman carries and gives birth to a child for another woman or couple. It is a complex process as it involves medical, legal, emotional, and financial considerations.As in surrogacy contracts, there is no explicit compensation structure mentioned, which leads to disputes between the parties. According to Surrogacy Bill 2020, only altruistic surrogacy is allowed in India, which deprives the surrogate of the benefits and advantages of commercial surrogacy. The impact of the Surrogacy Act, 2020 indirectly suggests to parents who are planning for surrogacy to consider other alternatives options like adoption, foster parenting, fertility treatments and many more. To promote surrogacy in India the governments should take initiatives to establish standard surrogacy laws and guidelines to prevent exploitations, ensuring surrogates receive adequate and fair monetary compensation. The researcher has undertaken the topic to understand the meaning and concept of surrogacy and laws related to surrogacy.

To understand the various reasons that influence people to opt for surrogacy. 

Key words:Surrogacy, Surrogate, fertility, parents, child.

HANDCUFFING AS A FORM OF TORTURE: THE FRAMEWORK AND VIOLATION OF THE RIGHTS OF ARRESTED INDIVIDUALS

AUTHOR – SIDDHANTH VINOD, STUDENT AT BITS LAW SCHOOL

BEST CITATION – SIDDHANTH VINOD, HANDCUFFING AS A FORM OF TORTURE: THE FRAMEWORK AND VIOLATION OF THE RIGHTS OF ARRESTED INDIVIDUALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 37-40, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QYCC6815

INTRODUCTION

The treatment of arrested individuals is perceived as a primary test of a country’s commitment to protect human rights and upholding the principles of dignity and humanity. A contested dispute in the realm of custodial violence is the practice of handcuffing. Handcuffing is generally viewed as a practice to prevent the escape of an accused. In India, Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)^[1] states that an arrested individual cannot be subjected to more restraint than is necessary to prevent their escape. However, the practice of handcuffing is statutorily allowed under section 43(3) of the BNSS, where the police officer is given the power to handcuff certain individuals which is contingent on the nature and gravity of the offence committed by the accused.^[2] However, the use of handcuffs under conditions which are not inscribed under section 43(3)^[3] undermines the rights of the arrested individuals under section 46 as they cannot be restrained beyond necessity.^[4]

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[1] Bharatiya Nagarik Suraksha Sanhita 2023, s 46

[2] Bharatiya Nagarik Suraksha Sanhita 2023, s 43(3)

[3] Bharatiya Nagarik Suraksha Sanhita 2023, s 43(3)

[4] Bharatiya Nagarik Suraksha Sanhita 2023, s 46

CRYPTO CURRENCY / VIRTUAL DIGITAL ASSETS: INDIRECT TAX CHALLENGES AND THE NEED FOR CLARITY

AUTHOR – SHRIRANG SHRIPAD KASHYAP, LLM STUDENT (SAVITRIBAI PHULE PUNE UNIVERSITY)

BEST CITATION – SHRIRANG SHRIPAD KASHYAP, CRYPTO CURRENCY / VIRTUAL DIGITAL ASSETS: INDIRECT TAX CHALLENGES AND THE NEED FOR CLARITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 31-36, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid emergence of crypto currencies and other Virtual Digital Assets (VDAs) has fundamentally altered traditional concepts of money, property, and economic exchange. While India has taken significant steps toward regulating VDAs through the Income Tax Act, 1961, particularly by introducing Section 115BBH and Section 194S, the indirect tax treatment of crypto currencies remains ambiguous and fragmented. The Goods and Services Tax (GST) framework, which governs indirect taxation in India, was not originally designed to accommodate decentralised digital assets operating without intermediaries or clear territorial presence. As a result, several interpretational challenges arise concerning the classification of crypt currencies, determination of taxable events, valuation, place of supply, and the identity of the taxable person.

This paper critically examines the indirect tax implications of crypto currency transactions under the Indian GST regime. It analyses whether crypt currencies should be treated as goods, services, securities, or actionable claims, and evaluates the consequences of each classification. The study further explores GST liability in activities such as crypto trading, mining, staking, exchange services, and cross-border transactions. By drawing comparisons with international approaches adopted by jurisdictions such as the European Union, Australia, and Singapore, the paper highlights the regulatory gaps in India’s indirect tax framework.

The paper argues that the absence of explicit legislative guidance has resulted in uncertainty for taxpayers, enforcement challenges for tax authorities, and increased litigation risk. It emphasises the urgent need for a clear, comprehensive, and technology-neutral indirect tax policy that balances revenue considerations with innovation and compliance ease. The study concludes with recommendations for statutory clarification, administrative guidelines, and harmonisation between direct and indirect tax regimes to ensure certainty, transparency, and sustainable growth of the digital economy in India.

Keywords: Crypto currency, Virtual Digital Assets, GST, Indirect Taxation, Digital Economy, Tax Classification, India

RE-EVALUATING THE ‘RAREST OF THE RARE’ DOCTRINE IN THE FACE OF DEBILITATING MORALITY

AUTHOR – RASHI TANNA & MALLIKA MISHRA,

NMIMS, KIRIT P. MEHTA SCHOOL OF LAW, MUMBAI

BEST CITATION – RASHI TANNA & MALLIKA MISHRA, RE-EVALUATING THE ‘RAREST OF THE RARE’ DOCTRINE IN THE FACE OF DEBILITATING MORALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 19-30, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ANKQ6002

ABSTRACT

This paper delves into the death penalty as both, a punitive measure and a conceptual framework, examining its historical evolution, philosophical base and its relevance in contemporary society.

The study aims to analyse the ‘rarest of rare’ doctrine, which has emerged in India through intricate and layered judicial interpretation, with regard to different socio-cultural and psychological factors regarding offenders, and assess its applicability in today’s societal context.

The research aims to explore the paradox created by the increase in heinous crimes today, and the original intent of the judiciary in constructing the doctrine and through this, addressing the ground reality that the ‘rarest of rare’ is not rare anymore

The paper aims to highlight the imbalance created by the limited use of capital punishment to exceptional cases and how it has become increasingly inadequate in addressing contemporary issues with particular critique of its offender-centric approach, prioritising the rights of the convict over those of the victim.

Discourse also includes the historical background of capital punishment and the philosophical meanderings regarding it, its status under international law and the delicate balance between what is and what is needed, India’s legal stance, through examination of various judgements, judicial orders and constitutional provisions and the systemic inefficiency of Indian prisons to positively reform prisoners, in the process often exacerbating criminal tendencies.

The authors advocate for a shift from the offender-centric approach to a victim-centric structure, since punishment serves as a necessary remedy for victims who have already suffered harm.

Scrutinising the challenges and altercations in awarding Capital Punishment, this paper questions whether the continued application of the death penalty under the existing framework is justiciable, or should it be reevaluated as per ground realities and modern jurisprudence.

Keywords: Capital Punishment, Rarest of the rare doctrine, Death Penalty, Legal analysis, Retributive theory.

INPUT TAX CREDIT UNDER GST: A STATUTORY RIGHT OR A CONDITIONAL CONCESSION?

AUTHOR – ADERSH BIJU, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – ADERSH BIJU, INPUT TAX CREDIT UNDER GST: A STATUTORY RIGHT OR A CONDITIONAL CONCESSION?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 08-18, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Goods and Services Tax (GST) was introduced in India with the stated objective of eliminating the cascading effect of indirect taxation through a seamless credit mechanism. At the heart of this framework lies Input Tax Credit (ITC), which enables taxpayers to offset tax paid on inputs against their output tax liability. While ITC is often described as the backbone of the GST regime, its legal character remains contested. Courts and tax authorities have alternately treated ITC as a vested statutory right and as a conditional concession subject to strict compliance with statutory and procedural requirements.

This paper critically examines whether Input Tax Credit under the Central Goods and Services Tax Act, 2017 constitutes a substantive statutory entitlement or merely a concession granted at the discretion of the legislature. Through doctrinal analysis of statutory provisions, delegated legislation, and judicial pronouncements, the paper highlights the increasing restrictions placed on ITC, particularly in cases involving supplier default, procedural lapses, and administrative control over credit ledgers. It argues that the growing tendency to characterise ITC as a concession undermines the foundational objectives of GST, increases litigation, and shifts the burden of tax compliance onto bona fide recipients. The paper concludes that while reasonable conditions on ITC are permissible, its erosion through excessive restrictions risks diluting taxpayer certainty and the promise of a unified indirect tax system.

Keywords: Input Tax Credit, GST, statutory right, conditional concession, indirect taxation, taxpayer rights

THE NEED FOR ABOLISHING RESTITUTION OF CONJUGAL RIGHTS IN INDIA: LOOKING THROUGH A CONSTITUTIONAL SCRUTINY

AUTHOR – SUMATI NARAYAN, LLM STUDENT, GUJARAT NATIONAL LAW UNIVERSITY

BEST CITATION – SUMATI NARAYAN, THE NEED FOR ABOLISHING RESTITUTION OF CONJUGAL RIGHTS IN INDIA: LOOKING THROUGH A CONSTITUTIONAL SCRUTINY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 01-07, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article critically interrogates the current impulse of restitution of conjugal rights   (hereinafter ‘RCR’) which is a matrimonial remedy forming a part of significant social reality in India. The doctrine of RCR provides the deserted spouse to seek courts’ intervention in realizing his/her right to consortium against the deserting spouse. Although RCR might be beneficial in encouraging spouses to reconcile and resolve their differences for saving their marriage, it however, violates the right to bodily integrity, sexual autonomy, dignity, privacy, agency, individual choice, and consent for domestic pleasures of a legally married individual. The objective of the paper is to raise voice towards the abolition of RCR from India as the cruel clutches of RCR induces unwanted anxiety among the spouses who do not wish to stay together in the marital bond. The article argues for abolition of RCR in India by unravelling the rich and complicated history of RCR’s application by the Indian judiciary system against a long trajectory connected with the evolving nature of the constitutional principles of dignity, equality and liberty. It further analyses how the abolition of RCR from the jurisdiction of commonwealth countries across the world has perpetuated the affirmative quest of abolishing RCR from the Indian society. A suggestive provision comprising of reconciliation for replacing RCR has been suggested in the last segment of the paper with the hope that the advantages of alternative disputes resolution are being recognized for marital discord.    

Keywords: Restitution of conjugal rights (RCR), constitutionality, privacy, sexual autonomy, bodily integrity, equality, Constitution of India, marriage

DIGITAL DIVIDE, TECHNOLOGY AND MARKET INEQUALITY

AUTHOR – ASHALESHA ANAND POKHARNIKAR, LL.M. (BUSINESS LAW), NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE, MAHARASHTRA, INDIA

BEST CITATION – ASHALESHA ANAND POKHARNIKAR, DIGITAL DIVIDE, TECHNOLOGY AND MARKET INEQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1144-1150, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Digital technology has become a central driver of economic activity, reshaping markets, employment patterns, and modes of participation in the global economy. Although technological progress is often associated with efficiency, innovation, and economic growth, its benefits are not distributed equally across society. The unequal access to digital infrastructure, digital skills, and technological resources has resulted in a persistent digital divide. This divide plays a significant role in shaping market inequality by determining who can effectively participate in digital markets and who remains excluded.

This paper examines the impact of the digital divide on market inequality by analysing how technological disparities influence economic opportunities and market participation. Individuals and businesses with access to advanced technology are better positioned to benefit from digital platforms, online marketplaces, and data-driven decision-making. In contrast, those lacking access or digital literacy face barriers to entry, reduced competitiveness, and limited access to information and markets. As a result, technology can reinforce existing economic inequalities rather than reduce them.

The study further explores how digital technologies contribute to the concentration of market power. Large firms with strong technological capabilities are able to dominate digital markets through automation, platform control, and data accumulation, while small enterprises and informal sector participants struggle to compete. These dynamics are particularly evident in developing economies, where infrastructural gaps, affordability issues, and regulatory challenges deepen market inequality.

By adopting a socio-economic and policy-oriented approach, this paper argues that technology is not inherently inclusive. Its impact on market equality depends on the surrounding legal, regulatory, and institutional frameworks. The paper concludes that addressing the digital divide is essential for ensuring fair competition and inclusive economic growth. Targeted investment in digital infrastructure, education, and regulatory safeguards is necessary to ensure that technological advancement contributes to reducing market inequality rather than exacerbating it.

Keywords-Digital Divide; Technology; Market Inequality; Digital Economy; Access to Technology; Competition; Economic Inclusion; Socio-Economic Disparities

PATENT LINKAGE: NEXUS BETWEEN INNOVATION, ACCESS, AND REGULATORY AUTHORITY  

AUTHOR – S.RENUKA, ASSISTANT PROFESSOR AT GOVERNMENT LAW COLLEGE, TRICHY

BEST CITATION – S.RENUKA, PATENT LINKAGE: NEXUS BETWEEN INNOVATION, ACCESS, AND REGULATORY AUTHORITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1135-1143, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QCPR1945

ABSTRACT

This paper examines patent linkage mechanisms—regulatory frameworks that condition pharmaceutical marketing approval for generic and biosimilar drugs on patent status assessments—as a critical intersection between intellectual property protection and public health access. Through comparative jurisdictional analysis of the United States (Hatch-Waxman Act), Canada (PM(NOC) Regulations), China (recent 2021 implementation), and Japan (administrative discretion model), alongside India’s principled rejection of linkage, the article evaluates the empirical consequences of patent linkage systems on generic drug market entry timelines, pricing accessibility, and compulsory licensing effectiveness. The analysis demonstrates that while patent linkage theoretically balances innovation incentives with generic competition, empirical evidence reveals systematic delays in generic market entry (2–8 years post-patent expiration in Canada), facilitation of patent evergreening strategies, and measurable healthcare cost increases exceeding $1.5 billion in select drug categories. The paper situates patent linkage within broader TRIPS-plus normative frameworks arising from bilateral trade negotiations, identifies institutional competence conflicts between patent offices and drug regulators, and proposes policy alternatives—including functional separation of patent validity determination and pharmaceutical safety-efficacy assessment—to preserve access-to-medicines objectives while maintaining intellectual property protections. The study concludes that jurisdictions prioritizing pharmaceutical accessibility should maintain institutional boundaries between intellectual property and regulatory authorities while preserving compulsory licensing flexibilities under international law.

KEYWORDS Patent linkage-Generic drug approval-Pharmaceutical regulation- Intellectual property and access to medicines- TRIPS-plus agreements- Patent evergreening-Hatch-Waxman Act- Data exclusivity-Compulsory licensing- Regulatory authority separation- Pharmaceutical policy-Drug control authority.

AI ACCOUNTABILITY IN INDIA: NEED FOR DEDICATED LEGAL FRAMEWORK

AUTHOR – AKMAL PERWAIZ GHAZI,LL.M. STUDENT AT SCHOOL OF LAW, RAMAIAH UNIVERSITY OF APPLIED SCIENCE, BANGALORE, SPECIALIZING IN AI, CYBER CRIME & LAW

BEST CITATION – AKMAL PERWAIZ GHAZI, AI ACCOUNTABILITY IN INDIA: NEED FOR DEDICATED LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1128-1134, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The purpose of this research report, therefore, is to undertake an analysis of the complex framework of accountability and responsibility within Artificial Intelligence in India’s rapidly changing digital landscape. Currently, in the midst of the fourth industrial revolution, AI adoption is on the rise in critical fields like healthcare, agriculture, and law enforcement, but simultaneously, there exists a high threat to human rights and constitutional equality rights owing to various technological complications in the form of biased data and ‘black-box’. The clarity brought forth by this study is that while initiatives such as ‘Digital India’ are encouraging innovation, prevailing legal measures such as the IT Act and the DPDP Act are insufficient to address comprehensively the challenges posed by the autonomous nature of AI. Upon analyzing various international perspectives and drawing deeply upon India’s socio-economic context, the report strongly recommends the adoption of a specific national policy and related principles like ‘human-in-the-loop’ to achieve a wise balance between technological development and protection of citizens.