CONSTITUTIONAL PROMISE, LEGISLATIVE PAUSE: LGBTQ+ FAMILY RIGHTS AND WORKPLACE PROTECTIONS AFTER NAVTEJ SINGH JOHAR

AUTHOR – MAITRA VARUN CHOTIA, PHD RESEARCH SCHOLAR, CENTRAL SANSKRIT UNIVERSITY, NEW DELHI

BEST CITATION – MAITRA VARUN CHOTIA, CONSTITUTIONAL PROMISE, LEGISLATIVE PAUSE: LGBTQ+ FAMILY RIGHTS AND WORKPLACE PROTECTIONS AFTER NAVTEJ SINGH JOHAR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1008-1021, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/SIVE7615

Abstract

The 2018 Navtej Singh Johar judgment decriminalizing adult consensual homosexuality in India was a landmark in the LGBTQ + rights movement, but it did not address many substantive matters. The paper will discuss legal and social equality of LGBTQ+ individuals in India following the repeal of Section 377 in terms of constitutional rights, health, family law, and employment. The post-377 landscape is examined based on the mixed doctrinal and socio-legal approach, reviewing the decisions of the Supreme Court and High Courts, legislation, and the latest research (2018-2025). We discover that although the courts have established the essential rights of dignity and equality of LGBTQ+ persons^[1], the practice is not fully covered^[2]. The LGBT individuals remain victims of stigma and poor access to health and social services in health and social services – a problem that is highlighted by literature indicating high rates of HIV/STIs and mental-health impacts of discrimination^[3]. The rights of the family also are limited: the existing legislation in the area of marriage and adoption imposes limitations on the LGBTQ+ families, which is reflected in the inability of same-sex marriage rights to be granted by the Supreme Court in 2023^[4] and in the limiting adoption policies. Nevertheless, the recent court developments (e.g. Bombay HC 2025) started to extend the rights of unmarried and same-sex couples to adopt^[5]. Discrimination in employment is still a prevalent issue because there are no provisions on that. Interestingly, the corporate world in India has reacted differently – large corporations implemented LGBTQ+ inclusive practices after 377, but most activism has been based on a market business case, instead of a set of rights^[6]. The paper concludes that legal equality cannot be complete without legislation (e.g. an anti-discrimination law) and policy changes to enforce the rights in practice even though progressive jurisprudence^[7]. We propose solutions such as legislative changes (of marriage, adoption, and surrogate laws), non-discrimination policies at work, and special health and educational initiatives in order to deliver on the equality promise the courts made.

Keywords LGBTQ rights; Section 377; India; constitutional law; family law; health equity; employment discrimination; LGBTQIA+

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[1] Supreme Court Observer, Judgment of the Court in Plain English (Sept. 6, 2018), https://www.scobserver.in/reports/navtej-singh-johar-section-377-judgment-of-the-court-in-plain-english/.

[2] Supra note 1.

[3] Venkatesan Chakrapani et al., A Scoping Review of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) People’s Health in India, PLOS Glob. Public Health 3(4): e0001362 (Apr. 20, 2023), https://doi.org/10.1371/journal.pgph.0001362.

[4] Supreme Court Observer, Plea for Marriage Equality (Oct. 17, 2023), https://www.scobserver.in/cases/plea-for-marriage-equality/.

[5] Law Gratis, Bombay HC Recognizes Unmarried Couple’s Right to Joint Adoption (May 20, 2025), http://lawgratis.com/blog-detail/bombay-hc-recognizes-unmarried-couples-right-to-joint-adoption.

[6] Lars Aaberg, Corporate India after Section 377: Haphazardness and Strategy in LGBTQ Diversity and Inclusion Advocacy (published online Nov. 22, 2022) (author manuscript), https://www.researchgate.net/publication/365638206_Corporate_India_after_Section_377_haphazardness_and_strategy_in_LGBTQ_diversity_and_inclusion_advocacy.

[7] Supra note 6.

A STUDY TO ANALYSIS THE NEED OF DIFFERENTIATION AND SEGREGATION OF LETHAL  AUTONOMOUS WEAPON SYSTEMS (LAWS) FROM GENERALIZED PERSPECTIVE OF AUTONOMOUS WEAPONS SYSTEMS (AWS)

AUTHOR – INBATHAMIZHAN K, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – INBATHAMIZHAN K, A STUDY TO ANALYSIS THE NEED OF DIFFERENTIATION AND SEGREGATION OF LETHAL  AUTONOMOUS WEAPON SYSTEMS (LAWS) FROM GENERALIZED PERSPECTIVE OF AUTONOMOUS WEAPONS SYSTEMS (AWS), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 994-1005, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YWBF4779

ABSTRACT

 We normally think that the autonomous weapons systems(AWS) and lethal autonomous weapons systems(LAWS), are one and the same, but I think that there is difference.  Those who are opposing the AWS like ICRC, SIPRI and some countries are all emphasising a kind of moratorium on AWS, but they doesn’t differentiate the LAWS from AWS. While analysing their opinions, they actually meant that there is need for ban of AWS which going to take decisions on killing of human lives.  The purpose of IHL is concerned with jus in bello not with jus ad bellum, and  to  maintenance of principle of proportionality in warfare, so the complete ban of AWS may not possible within purview of IHL. Hence we need to differentiate  LAWS from  AWS, and also to segregate  LAWS from AWS. This paper going to work for that through technical and legal aspects using qualitative method and secondary data.

KEY WORDS – Lethal Autonomous Weapon System , Conventional weapons, Iron dome, Loitering munitions, Harpy drone, principle of proportionality.

THEORIES OF PUNISHMENT: A COMPARATIVE JURISPRUDENTIAL ANALYSIS

AUTHOR – SORNALAKSHMI V S, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SORNALAKSHMI V S, THEORIES OF PUNISHMENT: A COMPARATIVE JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 984-993, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Punishment serves as the primary mechanism through which criminal justice systems address illegal behavior and maintain social order. The rationale, aims, and methods of punishment have been subjects of extensive debate within legal theory, leading to the emergence of various approaches, including retributive, deterrent, preventive, reformative, compensatory, and restorative theories. This article presents a comparative jurisprudential examination of these theories to explore how diverse legal systems understand and implement punishment in relation to their historical development, constitutional principles, and socio-legal environments. Utilizing a doctrinal and comparative research methodology, the study investigates statutory laws, judicial rulings, and international human rights frameworks across Common Law jurisdictions such as India, the United Kingdom, and the United States, alongside Civil Law systems like Germany and France. The findings indicate a global transition from strictly retributive and deterrent models toward more integrated approaches that focus on reformative and restorative principles emphasizing proportionality, individualized sentencing, and human dignity.

Additionally, it assesses the increasing impact of constitutionalism and international human rights law on contemporary sentencing jurisprudence. The article concludes that no single punitive theory is adequate when considered in isolation and advocates for a comprehensive approach that is humane and rights-focused—drawing insights from comparative jurisprudence—to achieve a just and effective criminal justice system.

KEYWORDS:

Theories of Punishment; Comparative Jurisprudence; Sentencing Policy; Retributive Justice; Reformative Justice; Restorative Justice; Human Rights; Constitutionalism; Criminal Justice System.

REGULATING THE FINAL FRONTIER: A LEGAL ANALYSIS OF DEEP SEABED MINING UNDER UNCLOS AND THE INTERNATIONAL SEABED AUTHORITY

AUTHOR – MRS. VEENA KUMARI, ASSISTANT PROFESSOR (LAW), LAW CENTRE 2, FACULTY OF LAW, DELHI UNIVERSITY

BEST CITATION – MRS. VEENA KUMARI, REGULATING THE FINAL FRONTIER: A LEGAL ANALYSIS OF DEEP SEABED MINING UNDER UNCLOS AND THE INTERNATIONAL SEABED AUTHORITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 978-983, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KIFS4180

Abstract

Deep seabed mining has emerged as one of the most contested frontiers of contemporary international law. As terrestrial mineral resources face depletion and the global transition towards green technologies accelerates demand for critical minerals, attention has shifted to the ocean floor beyond national jurisdiction. This region, designated as “the Area” under the United Nations Convention on the Law of the Sea (UNCLOS), is governed by the principle of the Common Heritage of Mankind and administered by the International Seabed Authority (ISA). However, the move from exploration to exploitation has exposed serious legal, environmental, and ethical concerns. This paper examines the international legal framework regulating deep seabed mining, with particular emphasis on UNCLOS and the institutional role of the ISA. It critically analyses the adequacy of existing rules, environmental safeguards, and benefit-sharing mechanisms, and highlights regulatory gaps that threaten marine ecosystems and global equity. The study argues that without stronger precautionary standards, transparency, and accountability, deep seabed mining risks undermining both environmental protection and the normative foundations of international ocean governance.

Keywords: Deep seabed mining, UNCLOS, International Seabed Authority, Common Heritage of Mankind, environmental law, global commons

CORPORATE GOVERNANCE IN INDIA: A CONCEPTUAL AND REGULATORY OVERVIEW

AUTHOR – DR. SREE KRISHNA BHARADWAJ H, ASSISTANT PROFESSOR AT DEPARTMENT OF LAW, V.S.K. UNIVERSITY, BALLARI, INDIA

BEST CITATION – DR. SREE KRISHNA BHARADWAJ H, CORPORATE GOVERNANCE IN INDIA: A CONCEPTUAL AND REGULATORY OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 971-977, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Business Ethics refers to carrying business as per self-acknowledged ethical standards. It is a structure of ethical principles and code of conduct applicable to a business. Corporate governance specifies the relationship among various primary participants (shareholders, directors, and managers) in determining the directions and performance of corporations. Ethical decisions in a business have implications such as satisfied work force, high sales, low regulation cost, more customers and high goodwill. Good corporate governance seeks to make sure that all shareholders get a voice at general meetings and are allowed to participate. It ensures that all shareholders fully exercise their rights and that the organization fully recognizes their rights. Corporate Governance has a broad scope. It includes both social and institutional aspects. Corporate Governance encourages a trustworthy, moral, as well as ethical environment. The paper tries to analyse the corporate governance in Indian scenario and suggests steps to establish good corporate governance in companies.

Key words: corporate, governance, business, SEBI, practices.

THE PRIYADARSHINI MATTOO CASE: A CASE STUDY OF VICTIMOLOGY, STATE FAILURE, AND DELAYED JUSTICE

AUTHOR – POOJA S, STUDENT AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY, CHENNA

BEST CITATION – POOJA S, THE PRIYADARSHINI MATTOO CASE: A CASE STUDY OF VICTIMOLOGY, STATE FAILURE, AND DELAYED JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 965-970, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Priyadarshini Mattoo case represents a profound illustration of systemic failure in the Indian criminal justice system, particularly in addressing crimes against women preceded by persistent threats and harassment. Despite repeated complaints made by the victim regarding stalking and intimidation, institutional apathy and investigative inaction culminated in her brutal rape and murder in 1996. The case underwent a complex judicial trajectory, beginning with an acquittal by the trial court, followed by reversal and imposition of the death penalty by the Delhi High Court, and concluding with commutation of the sentence to life imprisonment by the Supreme Court of India. This case study undertakes a detailed examination of the factual background, procedural history, judicial reasoning, and victimological dimensions of the case. It critically analyses issues such as secondary victimisation, abuse of influence, investigative lapses, appellate correction of miscarriage of justice, and sentencing jurisprudence. The study highlights the broader implications of the case for victim protection mechanisms, police accountability, and the administration of criminal justice in India.

KEYWORDS Priyadarshini Mattoo Case; Victimology; Crimes Against Women; Secondary Victimisation; Criminal Justice System; Investigative Lapses; Appellate Review; Gender Justice; Sentencing Jurisprudence.

MEDICAL TOURISM

AUTHOR – YUVASHREE, STUDENT AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – YUVASHREE, MEDICAL TOURISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 958-964, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Medical tourism has become a major component of cross-border health services, characterized by patients travelling internationally to obtain medical care that is more affordable, faster, or perceived as higher in quality than what is available in their home jurisdictions. Cost differentials, lengthy waiting periods in certain public health systems, expanding private-sector healthcare capacity, and technological advances have collectively accelerated this market. India has emerged as a leading destination due to comparatively lower treatment costs, a large pool of specialized clinicians, the growth of accredited tertiary-care hospitals, and the co-existence of biomedical and traditional wellness systems. At the same time, the sector generates complex legal and ethical concerns, particularly in relation to patient safety, informed consent, professional accountability, dispute resolution, continuity of care, confidentiality, and distributive justice in access to health resources. This article analyses the concept and expansion of medical tourism, outlines its perceived benefits and structural risks, and argues for clearer governance mechanisms that safeguard patient rights while supporting sustainable sectoral growth.

Keywords: Medical Tourism, Cross-Border Healthcare, Medical Negligence, Informed Consent, Global Health Governance, etc.

A EMPIRICAL STUDY ON CYBER SECURITY ISSUES AFFECTING ONLINE BANKING AND ONLINE TRANSACTIONS IN INDIA

AUTHOR – MOHAMED ASHIF KHAN M.S* & MR.AARIYA N B.E.,LL.B.,LL.M.,(PH.D)**

STUDENT AT SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE (SIMATS)

** ASSISTANT PROFESSOR, DEPARTMENT OF LABOUR LAW, SAVEETHA SCHOOL OF LAW

BEST CITATION – MOHAMED ASHIF KHAN M.S & MR.AARIYA N, A EMPIRICAL STUDY ON CYBER SECURITY ISSUES AFFECTING ONLINE BANKING AND ONLINE TRANSACTIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 944-957, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NIPR4095

ABSTRACT

Cybersecurity is essential for protecting online banking and financial transactions in India, as digital payments continue to rise. Cyber threats like phishing, malware, and identity theft put individuals and financial institutions at risk, making strong security measures necessary. This study aims to identify major cybersecurity challenges in online banking, assess public awareness, and evaluate the effectiveness of existing laws in preventing cyber fraud. It also explores improvements in security measures and compares India’s cybersecurity framework with global standards. The study identifies phishing attacks as the most common threat. While awareness of cybersecurity risks exists, many users still follow weak security practices. Existing laws like the IT Act and RBI guidelines need stricter enforcement. The research method used here is an empirical method, 200 samples have been collected, and a survey is conducted in Chennai. Advanced security technologies such as biometrics, AI-driven fraud detection, and blockchain can improve digital transaction safety. Improving cybersecurity education, enforcing laws, and raising awareness through campaigns are crucial for secure online banking. Strengthening policies and adopting advanced security measures will protect financial data and boost confidence in digital transactions, ensuring a safer financial system in India.

KEYWORDS – Cyber-infrastructure, social-networking, Data breach, Identity theft, cybersafety, cyber-ethics.

INDIAN MEDICAL ASSOCIATION V. V.P. SHANTHA, (1995): A CASE STUDY ON MEDICAL NEGLIGENCE AND CONSUMER PROTECTION IN INDIA

AUTHOR – POOJA S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – POOJA S, INDIAN MEDICAL ASSOCIATION V. V.P. SHANTHA, (1995): A CASE STUDY ON MEDICAL NEGLIGENCE AND CONSUMER PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 937-943, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The decision of the Supreme Court of India in Indian Medical Association v. V.P. Shantha (1995) marks a watershed moment in the evolution of medical negligence jurisprudence in India. This case fundamentally altered the legal relationship between medical professionals and patients by bringing medical services within the ambit of the Consumer Protection Act, 1986. Prior to this judgment, patients seeking redress for medical negligence were largely confined to civil courts, which involved prolonged litigation and high costs. Through this judgment, the Court recognized patients as “consumers” and doctors and hospitals as “service providers,” subjecting medical services rendered for consideration to consumer jurisdiction. This case study critically examines the factual background, legal issues, judicial reasoning, and the broader implications of the judgment on medical ethics, professional accountability, and patient rights. It also evaluates the balance struck by the Court between protecting consumer interests and safeguarding professional autonomy, while assessing the continuing relevance of the decision in the contemporary healthcare and legal framework of India.

KEYWORDS

Medical Negligence; Consumer Protection Act, 1986; Medical Services; Deficiency in Service; Patient Rights; Professional Accountability; Indian Medical Association v. V.P. Shantha; Healthcare Law; Medical Ethics.

REFORMATIVE SENTENCING IN COMPARISON OF UK, USA, FRANCE AND RUSSIA

AUTHOR – VEDHA GEETHAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – VEDHA GEETHAN, REFORMATIVE SENTENCING IN COMPARISON OF UK, USA, FRANCE AND RUSSIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 922-936, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

1. INTRODUCTION

                Reformative sentencing represents a major transformation in modern penology. Unlike traditional punitive systems that focus primarily on retribution and incapacitation, reformative sentencing emphasises the offender’s potential for positive change. The essence of this philosophy is that criminal behaviour is not always the product of inherent wickedness but often arises from social, psychological, economic, or environmental circumstances.

                For this reason, criminal justice systems across the world increasingly rely on mechanisms such as counselling, probation, community service, therapeutic courts, and vocational rehabilitation to address the underlying causes of criminality.

                Countries like the United Kingdom (UK), United States of America (USA), France, and Russia represent four distinct legal cultures, each with its own historical development, sentencing policies, and approach to rehabilitation. Despite their differences, these nations share a common understanding that recidivism cannot be reduced through punitive measures alone. This study aims to compare their reformative sentencing frameworks, exploring both statutory and institutional mechanisms that shape offender rehabilitation.