LGBTQ+ VICTIMS

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

BEST CITATION – RAVINDHAR S, LGBTQ+ VICTIMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 904-921, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The legal status of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons in India has undergone a significant constitutional transformation over the past decade, largely driven by judicial intervention. Despite this progress, LGBTQ+ individuals continue to experience widespread victimization in the form of violence, discrimination, social exclusion, and institutional neglect. This article examines the concept of LGBTQ+ victimization within the Indian legal framework, focusing on constitutional protections, landmark judicial decisions, and the limitations of existing statutory safeguards.

Through an analysis of key Supreme Court judgments—including National Legal Services Authority v. Union of India, Justice K.S. Puttaswamy (Retd.) v. Union of India, and Navtej Singh Johar v. Union of India—as well as recent High Court rulings, the article highlights how Indian courts have progressively recognized sexual orientation and gender identity as integral to dignity, privacy, and equality under the Constitution. It further critically evaluates the Transgender Persons (Protection of Rights) Act, 2019, and identifies gaps in criminal law remedies, enforcement mechanisms, and victim-centric protections.

The article argues that while judicial recognition has provided a strong constitutional shield for LGBTQ+ persons, the absence of comprehensive anti-discrimination legislation, lack of recognition of same-sex relationships, and inconsistent implementation continue to leave LGBTQ+ victims vulnerable. It concludes by proposing targeted legal reforms, institutional sensitization, and policy measures necessary to translate constitutional ideals into effective protection and access to justice for LGBTQ+ victims in India.

PRINCIPLE OF LEGALITY (NULLA POENA SINE LEGE)

AUTHOR – KEERTHANA PREETHI A, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – KEERTHANA PREETHI A, PRINCIPLE OF LEGALITY (NULLA POENA SINE LEGE), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 895-821, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A fundamental safeguard in modern criminal justice systems is the legality principle, which is embodied in the Latin maxim “nullum crimen sine lege”, “nulla poena sine lege” (no crime, no punishment without law). It forbids retroactive criminalization and mandates that punishable behavior be precisely defined before it is committed. This principle maintains the rule of law by subordinating official authority to pre-existing legal restrictions, guarantees fair notice so that citizens can anticipate the legal implications of their actions, and safeguards individual liberty against arbitrary governmental power. Through comparative jurisprudential analysis across five major legal systems, this article thoroughly examines the concept of legality: India (constitutional embodiment in Article 20(1), statutory manifestations, and Supreme Court interpretation); the United States (constitutional foundations in ex post-facto clause and due process, limited international application, pragmatic approach favoring prosecutorial flexibility), Russia (post-Soviet constitutional adoption amid conflict with state power and security imperatives), the United Kingdom (evolutionary common law development from rule of law principle, ECHR Article 7 integration, parliamentary supremacy constraints), and France (civil law origins, Code Pénal codification, European Court of Human Rights alignment). Different approaches reflecting different legal traditions (constitutional versus common law versus civil law), institutional arrangements (legislative versus judicial power allocation), and political contexts (liberal democracies versus post-authoritarian transitions versus security-state configurations) are revealed by the comparative analysis. The article shows how the principle functions differently in different jurisdictions despite apparent similarities in maxim articulation: some provide almost complete protection against retroactive criminalization (India, France, UK); others allow more state flexibility in defining criminal liability (US); still others manage conflict between legality principles and state security claims (Russia).

Keywords: principle of legality, nullum crimen sine lege, comparative criminal law, rule of law, international human rights, etc.

CONFIDENTIALITY ISSUES CONCERNING HIV/AIDS AND PRIVILEGED COMMUNICATIONS IN HEALTHCARE

AUTHOR – KEERTHANA PREETHI A & KRISHNA LEELA S

STUDENTS AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – KEERTHANA PREETHI A & KRISHNA LEELA S, CONFIDENTIALITY ISSUES CONCERNING HIV/AIDS AND PRIVILEGED COMMUNICATIONS IN HEALTHCARE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 890-894, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The management of confidentiality concerning HIV/AIDS status represents one of the most ethically fraught intersections of medical ethics, patent autonomy and public health obligation in contemporary India. This article comprehensively examines the legal architecture governing physician-patient confidentiality in HIV cases, analyzing the HIV/AIDS (Prevention and Control)Act 2017, Indian Evidence Act provisions on privileged communication, National Medical Commission (NMC) 2023 Regulations, Bharatiya Sakshya Adhiniyam (BSA) 2023, and seminal Supreme Court precedents including Mr.X v. Hospital Z(1999). The analysis reveals a complex framework balancing fundamental rights- patient dignity and privacy under Article 21 of the Indian Constitution against public health imperatives and third-party protection obligations. Drawing on victimological perspectives that frame confidentiality breaches as secondary victimization exacerbating stigma and healthcare avoidance, and examining comparative international approaches from Commonwealth and global bioethics frameworks, this article argues that India’s current legal landscape inadequately balances competing interests. The article proposes reformed protocols integrating: narrow, necessity-based disclosure standards; robust data protection mechanism; informed consent frameworks for information sharing;ethics committee oversight; and community-based stigma reduction strategies aligned with the UN 2030 agenda and India’s National AIDS Control Programme (NACP-V).Through constitutional, statutory, case law and ethical analysis, the article demonstrates how protective confidentiality regimes paradoxically enhance both individual rights protection and public health outcomes by facilitating treatment-seeking behaviour and enabling genuine informed consent. The framework proposed emphasizes that confidentiality protection for people living with HIV (PLHIV) represents not obstacle to public health but essential precondition for effective disease control in India’s evolving healthcare landscape.

Keywords: HIV/AIDS, confidentiality, privileged communication, India legal framework, NMC 2023 Regulations, informed consent, etc.

MEDICAL NEGLIGENCE AND PROFESSIONAL ACCOUNTABILITY IN INDIA: A DOCTRINAL AND JURISPRUDENTIAL ANALYSIS

AUTHOR – SABILA IFFATH SHUJATHULLAH, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SABILA IFFATH SHUJATHULLAH, MEDICAL NEGLIGENCE AND PROFESSIONAL ACCOUNTABILITY IN INDIA: A DOCTRINAL AND JURISPRUDENTIAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 880-889, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In India, medical negligence is a crucial point where tort law, professional ethics, statutory accountability, and healthcare delivery converge. Fundamentally, medical negligence is defined as a medical practitioner’s failure to exercise the level of care and skill anticipated of a reasonably competent practitioner, to the point where a patient is harmed as a direct result of care that is subpar. The legal system, which has its roots in tort law and was later extended by the Consumer Protection Act of 1986, allows victims to pursue compensation against healthcare organisations as well as individual practitioners, thereby increasing access to justice. The judiciary has repeatedly made it clear that mere mistakes in judgement or unfavourable results do not, in and of themselves, establish negligence; rather, culpability arises when behaviour deviates from standards accepted by a reputable body of medical opinion. Important doctrinal components including duty of care, breach, cause, and damage continue to be crucial. Legally speaking, seminal decisions confirm that professional accountability involves not just civil liability but, in some situations, criminal and regulatory repercussions where extreme carelessness is proven. A changing legal ethos that tries to strike a balance between patient safety, informed consent, and the defence of medical professionals against baseless allegations is reflected in the interaction between patient rights and professional safeguards. This dynamic field of Indian law is being shaped by continual discussions about judicial procedures, evidence standards, and ethical obligations as healthcare complexity increases.

KEYWORDS: medical negligence, professional accountability, Consumer Protection Act 1986, duty of care, breach of duty, standard of care, judicial standards, patient rights, healthcare law.

EMERGING LEGAL AND ETHICAL CHALLENGES IN TELEMEDICINE, EMERGENCY MEDICAL PRACTICE, AND PROFESSIONAL LIABILITY

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

BEST CITATION – YAZHINI, EMERGING LEGAL AND ETHICAL CHALLENGES IN TELEMEDICINE, EMERGENCY MEDICAL PRACTICE, AND PROFESSIONAL LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 863-879, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

1.1 INTRODUCTION:

In past few decades the healthcare sector has tremendously transformed due to a lot a technological advancements, increased awareness among patients, and evolved legal norms. Traditional methods of medical practice which includes of face to face consultation and treatment within the hospital are getting supplemented and in some cases it has been replaced by healthcare in digital mode and emergency based medical procedures. In this shifting world, problems of medical ethics and professional accountability have become increasingly important. The rise of telemedicine, the difficulties of emergency medical practice, and the increasing scrutiny of professional liability all provide significant legal and ethical challenges for medical practitioners.^[1]

The history of medicine has been one in which medical ethics has always underpinned the moral basis of medical practice. Thus, the principles of autonomy, beneficence, nonmaleficence and justice guide decision-making by health care practitioners. However there are complexities in the application of these moral values especially when health care is provided virtually, or in an emergency setting where resources, time and patient consent may be lacking. The task of the law, in contrast, is to control medical practice through standards of treatment, identification of professional duties and attributions for negligent or wrongful conduct. The balance between ethics and law in contemporary medical care deserves scrutiny.

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[1] World Health Organization, Global Strategy on Digital Health 2020–2025 (WHO 2021).

A STUDY ON THE ROLE OF MICROSCOPY AND SPECTROSCOPY IN MICRO TRACE ANALYSIS

AUTHOR – NIRANJANA DEVI R, LLM (CRIME AND FORENSIC LAW)STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – NIRANJANA DEVI R, A STUDY ON THE ROLE OF MICROSCOPY AND SPECTROSCOPY IN MICRO TRACE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 853-862, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER – 01

1.1. ABSTRACT:

Forensic traces are physical remnants of past events that provide critical information for criminal and civil investigations and adjudications. The scientific examination of traces is an incredibly valuable tool for forensic investigations, because the skilled interpretation of traces yields factual answers to a range of pertinent questions.The combination of microscopy and spectroscopy, or microspectroscopy, is a powerful tool for the study of traces and enables their understanding and interpretation. Microspectroscopy has a plethora of advantages, most notably providing rapid and often non-destructive (or minimally destructive) analysis of a range of specimens, sometimes with little to no sample preparation, and creating a reviewable record of the examination. The chemical identification of traces via microspectroscopy may enable a criminalist to determine provenance, and, depending on the sample, individualize it (that is, successive reductions to a class of one, or the establishment of two items having a common source). Microspectroscopy is not just for small samples. Although most people think of traces as being microscopic, this is not necessarily the case. Traces may be large objects, such as car headlights or baseball bats, that are left behind or removed from the scene after an incident. The objective of this research is to understand the concept of microscopy and  spectroscopy in micro trace analysis. The author concludes that spectroscopy and microscopy are two emerging fields and also needs more application in India.

EFFECTIVENESS OF INTERNATIONAL CHILD RIGHTS NORMS IN TAMIL NADU SCHOOLS: A NON-DOCTRINAL EMPIRICAL STUDY

AUTHOR – AJANRAMANA J H, STUDENT AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AJANRAMANA J H, EFFECTIVENESS OF INTERNATIONAL CHILD RIGHTS NORMS IN TAMIL NADU SCHOOLS: A NON-DOCTRINAL EMPIRICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 839-852, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER – I

INTRODUCTION AND RESEARCH FRAMEWORK

1.1 Introduction

Children constitute a vulnerable section of society requiring special protection and care due to their physical, mental, and emotional immaturity. Recognising this vulnerability, international law has evolved a comprehensive framework of child rights aimed at ensuring survival, development, protection, and participation of children in all spheres of life, particularly education.^[1]Schools play a crucial role in the realisation of child rights, as they are the primary institutions where children spend a significant part of their formative years.The adoption of the United Nations Convention on the Rights of the Child, 1989 (UNCRC) marked a milestone in international human rights law by recognising children as independent holders of rights rather than mere objects of welfare.^[2] India ratified the UNCRC in 1992 and thereby undertook an obligation to harmonise domestic laws, policies, and institutional practices with international child rights standards.^[3]

Despite constitutional guarantees and the enactment of child-centric legislations such as the Right of Children to Free and Compulsory Education Act, 2009, concerns continue to be raised regarding the actual implementation of international child rights norms at the school level. Tamil Nadu, though relatively advanced in educational indicators, is not immune from issues such as lack of awareness of child rights, inadequate training of teachers, limited child participation, and weak enforcement mechanisms. This study adopts a non-doctrinal (empirical) research approach to examine the effectiveness of international child rights norms in Tamil Nadu schools, based on the perceptions and experiences of teachers, parents, and children, with particular emphasis on empirical data collected from teachers.

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^[1] UNICEF, Convention on the Rights of the Child, Introduction (1989).

^[2] United Nations Convention on the Rights of the Child, Nov. 20, 1989.

^[3] Ministry of Women and Child Development, Government of India, Status of Child Rights in India (1992).

MEDICAL ETHICS: PRECONCEPTION AND PRENATAL DIAGNOSTIC TECHNIQUE ACT 1994 LEGAL APPLICABLITY AND CHALLENGES

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

BEST CITATION – VEDHA GEETHAN, MEDICAL ETHICS: PRECONCEPTION AND PRENATAL DIAGNOSTIC TECHNIQUE ACT 1994 LEGAL APPLICABLITY AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 822-838, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

INTRODUCTION

                Medical ethics intersects profoundly with reproductive health in India, where technological advances like ultrasound and amniocentesis have been misused for sex-selective practices, fuelling female foeticide and skewing child sex ratios. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994—commonly known as the PCPNDT Act—emerged as a legislative bulwark against this ethical malaise, prohibiting sex determination before or after conception while strictly regulating prenatal diagnostics to detect only genetic abnormalities, metabolic disorders, chromosomal issues, or congenital malformations. Enacted amid alarming demographic trends, such as the 1991 Census revealing a sex ratio of just 927 girls per 1,000 boys, the Act embodies the ethical imperative to safeguard the girl child’s right to life under Article 21 of the Constitution, transforming medical practice from a tool of discrimination into one of equity and humanity.

GLOBAL TECH GIANTS AND THE NEW FACE OF ANTITRUST: A HUMAN RIGHTS PERSPECTIVE ON MARKET POWER AND DIGITAL INEQUALITY

AUTHOR – RAFEEQUE HUSSAIN AK* & DR. K. JAMEELA**

* RESEARCH SCHOLAR, HINDUSTAN INSTITUTE OF TECHNOLOGY & SCIENCE (HITS), CHENNAI, TAMIL NADU, INDIA

** ASSISTANT PROFESSOR, SCHOOL OF LAW, HINDUSTAN INSTITUTE OF TECHNOLOGY AND SCIENCE, CHENNAI

BEST CITATION – RAFEEQUE HUSSAIN AK & DR. K. JAMEELA, GLOBAL TECH GIANTS AND THE NEW FACE OF ANTITRUST: A HUMAN RIGHTS PERSPECTIVE ON MARKET POWER AND DIGITAL INEQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 811-821, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NJJO3845

ABSTRACT

The dominance of global technology corporations—Google, Amazon, Meta, Apple, and Microsoft—has transformed the digital economy, fostering innovation but also consolidating market power in ways that challenge competition law and human rights. This article examines how their control over digital ecosystems, driven by network effects, data accumulation, and platform gatekeeping, perpetuates digital inequality, undermines consumer autonomy, and erodes fundamental rights such as privacy, freedom of expression, and equality. By analyzing antitrust enforcement in the United States, European Union, India, and other jurisdictions, alongside global scholarship, it critiques the limitations of traditional competition law frameworks, which prioritize economic efficiency over social justice. The article proposes a human rights-based antitrust model grounded in accountability, transparency, participation, and redress to address these multifaceted harms. Emphasizing the Global South’s unique challenges, it advocates for global coordination, public alternatives, and civil society empowerment to foster a fair and inclusive digital economy. Through detailed case studies and policy recommendations, this study reimagines antitrust as a tool for digital justice, ensuring technological advancements serve human dignity and democratic values.

Keywords: Antitrust, Big Tech, Competition Law, Digital Markets, Human Rights, Digital Inequality, Privacy, Freedom of Expression, Algorithmic Bias, Platform Accountability, Global South, Digital Rights, Surveillance Capitalism, Consumer Autonomy, Digital Public Infrastructure

TOOLMARK COMPARISON

AUTHOR – YESHWANTH.M* & MR. SUGITHKUMAR**

* STUDENTS AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** PROFESSOR AT CRIME AND FORENSIC LAW DEPARTMENT, SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – YESHWANTH.M & MR. SUGITHKUMAR, TOOLMARK COMPARISON, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 802-810, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER I – INTRODUCTION AND RESEARCH FRAMEWORK

1.1 Introduction

Toolmark comparison is an important branch of forensic science that deals with the examination and comparison of marks left by tools when they come into contact with another surface during the commission of a crime^[1]. Such marks may be found on doors, windows, locks, metal sheets, wooden frames, bones, or other objects. Toolmark evidence is frequently encountered in cases of burglary, house-breaking, robbery, homicide, vandalism, and offences involving forced entry^[2].

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[1] Richard Saferstein, Criminalistics: An Introduction to Forensic Science, 12th ed. (Pearson Education, 2018), p. 165.

[2] J.A. Siegel & P.J. Saukko (eds.), Encyclopedia of Forensic Sciences, Vol. III (Elsevier, 2013), pp. 420–423.