Category: Volume 5 and Issue 1 of 2025

ANALYZING THE FORMS OF MARKET ABUSE: MARKET MANIPULATION AND INSIDER TRADING

AUTHOR – RISHIKA SHARMA, STUDENT AT AMITY UNIVERSITY, MUMBAI

BEST CITATION – RISHIKA SHARMA, P ANALYZING THE FORMS OF MARKET ABUSE: MARKET MANIPULATION AND INSIDER TRADING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 353-361, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Market abuse is a broad term which defines any action that disadvantages other investors in a qualifying trading platform or market. Two major types of market abuse are ‘Market Manipulation’ and ‘Insider Trading.’ Market manipulation is referred to as an act of attempting to deceive the investors by way of misleading appearances of the price of security or commodity or any other financial instruments. This can be achieved through ‘Pump and Dump Schemes’ and ‘Spoofing and Layering’, which are called types of market manipulation. Market manipulation can be challenging for the regulators to detect and prove. Certain ways have to be taken into consideration to prevent market manipulation and safeguard the investors. Insider trading indicates the illegal practice which is conducted by the employees or directors of a company, wherein they supply crucial information related to the stocks to the third parties. Insider trading can be illegal as well as legal. Challenges come into the picture when detecting insider trading practice. Various effective ways can be noted for the prevention of insider trading in the company.

Keywords: Market abuse, Market manipulation, Insider trading, Challenges while detection, Tactics for prevention, Illegal and legal insider trading.

PROTECTING HUMAN RIGHTS IN A WORLD POWERED BY AI

AUTHOR – TANYA CHOUDHARY, STUDENT AT BANASTHALI VIDYAPITH

BEST CITATION – TANYA CHOUDHARY, PROTECTING HUMAN RIGHTS IN A WORLD POWERED BY AI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 344-352, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

AI has revolutionized various sectors, including communication, governance, healthcare, and education. But the excessive reliance on personal data has become a serious concern in terms of privacy, surveillance, and human rights violations. The AI-driven technologies of facial recognition and predictive analytics have been risky in intrusive surveillance, discrimination, and lack of accountability because of opaque decision-making processes. This paper explores how AI affects the data privacy responsibility of stakeholders-whether governments, businesses, or individuals-and related legal frameworks designed to address these issues. To do this, it looks into international regulations and policies, from the General Data Protection Regulation of the European Union to the California Consumer Privacy Act of the United States, up to India through the Digital Personal Data Protection Act and landmark cases. This paper suggests the need for a balanced approach between innovation and safeguarding basic human rights through advocating for ethical AI practices, transparency, and stronger regulatory measures

Keywords  – Artificial Intelligence, Data Privacy, Human Rights, AI Ethics, Surveillance, Algorithmic Bias, GDPR, CCPA, Digital Personal Data Protection Act, AI Governance, Transparency, Accountability, Cybersecurity, Ethical AI, Privacy Laws

DIGITAL POLICING: USING SOCIAL MEDIA SURVEILLANCE TO TACKLE CYBERCRIME

AUTHOR – PRITHWISH GANGULI, ADVOCATE & LLM (CU), MA IN SOCIOLOGY (SRU), MA IN CRIMINOLOGY & FORENSIC SC (NALSAR), DIP IN PSYCHOLOGY (ALISON), DIP IN CYBER LAW (ASCL), DIP IN INTERNATIONAL CONVENTION & MARITIME LAW (ALISON) FACULTY, HERITAGE LAW COLLEGE, KOLKATA

EMAIL ID: PRITHWISHGANGULI@GMAIL.COM

BEST CITATION – PRITHWISH GANGULI, DIGITAL POLICING: USING SOCIAL MEDIA SURVEILLANCE TO TACKLE CYBERCRIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 324-334, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the age of digital transformation, cybercrime has evolved into a complex, borderless threat. Social media, once a platform for communication, has now become both a battleground and a tool for crime prevention. Digital policing through social media surveillance is an emerging strategy that enables law enforcement agencies to detect, prevent, and combat cyber threats in real-time. By leveraging artificial intelligence (AI), machine learning (ML), and data analytics, authorities can track suspicious activities, identify cybercriminals, and mitigate risks before crimes escalate.

Social media platforms harbour various forms of cybercrime, including fraud, identity theft, human trafficking, hate speech, cyberterrorism, and misinformation campaigns. By analysing digital footprints, monitoring flagged content, and deploying automated tracking mechanisms, law enforcement agencies can efficiently respond to threats. Predictive policing, fuelled by big data analytics, further enhances crime prevention by identifying risk patterns and potential offenders before they strike.

However, social media patrolling raises concerns about privacy, ethical boundaries, and data security. Striking a balance between digital surveillance and civil liberties remains a critical challenge. Implementing transparent policies, legal frameworks, and ethical AI solutions can ensure responsible policing while upholding user rights.

As cyber threats grow in sophistication, social media monitoring is no longer optional but a necessity for modern law enforcement. The integration of AI-powered crime detection tools, deep learning algorithms, and cyber forensic techniques can transform digital policing into a proactive, intelligence-driven crime-fighting mechanism. Governments, law enforcement bodies, and cybersecurity experts must collaborate to fortify online safety, dismantle cybercriminal networks, and secure the digital ecosystem.

This paper explores the impact, effectiveness, and challenges of social media surveillance in cybercrime prevention, offering insights into how digital policing is shaping the future of cybersecurity.

Keywords: Social Media Surveillance, Cybercrime Prevention, Digital Policing, AI in Law Enforcement, Online Crime Monitoring

A STUDY ON REVENUE GENERATING SYSTEM TO GOVERNMENT – WITH SPECIAL REFERENCE TO STAMP DUTIES, REGISTRATION FEES AND COURT FEES

AUTHOR – K. ROHIT* & P. BRINDA**, LLM SCHOLAR* & H.O.D, DEPARTMENT OF PROPERTY LAW, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – K. ROHIT & P. BRINDA, A CRITICAL STUDY ON INDIA’S WATER CRISIS: ASSESSING THE ROLE OF POLICIES AND TECHNOLOGIES IN SUSTAINABLE WATER MANAGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 335-343, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The primarily focuses of the Stamp Act, 1899 on levying stamp duties on legal, financial, and commercial instruments such as property transactions, lease agreements, and share transfers. It ensures the authenticity of documents and creates enforceable rights, thereby contributing to state revenues. With advancements like e-stamping, the collection process has become more streamlined and transparent, reducing evasion and enhancing compliance. The Registration Act, 1908, complements the Stamp Act by mandating the registration of documents like property deeds and wills. This act formalizes transactions, prevents disputes, and ensures legal certainty. Revenue is generated through registration fees, typically calculated as a percentage of the transaction value. Innovations such as online registration systems have increased efficiency, compliance, and revenue collection.

The Court Fee Act, 1870, supports the judiciary by imposing fees on legal filings, including suits, petitions, and appeals. These fees are structured to balance revenue generation with access to justice, offering exemptions for economically disadvantaged individuals. The revenue collected sustains judicial infrastructure and operations, ensuring the judiciary’s independence and efficiency.

This paper is an attempt to analyse, how these legislations works together in generation revenue to the Government.

Keywords: Transactions, E- stamping, Registration, Revenue collection, Court fee, judiciary

SOVEREIGN IMMUNITY AND ITS IMPLICATIONS ON VICTIMS OF HUMAN RIGHTS

AUTHOR – MEHER SUNIL DABRAI, STUDENT AT DES NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MEHER SUNIL DABRAI, SOVEREIGN IMMUNITY AND ITS IMPLICATIONS ON VICTIMS OF HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 318-323, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

It is time for the shield of sovereign immunity to shatter as victims of human rights are given a chance to seek justice across borders. Sovereign immunity is a legal concept that protects a state or its entities from being sued in foreign courts thereby preserving state sovereignty and diplomatic relations. This concept originated to protect rulers in ancient times and evolved into a legal principle to protect state sovereignty. The act of state doctrine is a related principle that dates to the 19^th century which implies that domestic courts should not review the validity of acts performed by a foreign state within its own territory. In recent times, sovereign immunity and the act of state doctrine continue to be significant legal principles in international law. The Universal Declaration of Human Rights is a foundational document adopted by the United Nations in 1948 asserting fundamental rights and freedoms inherent to all individuals without discrimination. However, efforts are being made to restrict absolute immunity in cases involving human rights violations. Sovereign immunities and acts of state doctrine pose a number of challenges for victims of human rights violations. The researcher attempts to explore the exceptions to these doctrines that allow these victims to seek redress.

Keywords: International law, sovereign immunities, Act of state doctrine, human rights victims and access to justice

A CRITICAL STUDY ON INDIA’S WATER CRISIS: ASSESSING THE ROLE OF POLICIES AND TECHNOLOGIES IN SUSTAINABLE WATER MANAGEMENT

AUTHOR –S.KAVIYA, SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL SCIENCES AND TECHNICAL SCIENCES (SIMATS), CHENNAI-600077

BEST CITATION – S.KAVIYA, A CRITICAL STUDY ON INDIA’S WATER CRISIS: ASSESSING THE ROLE OF POLICIES AND TECHNOLOGIES IN SUSTAINABLE WATER MANAGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 277-288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India faces a severe water crisis, with increasing demand and depleting resources threatening its sustainable development. The objective of this study to investigates the critical role of policies and technologies in addressing the water crisis and promoting sustainable water management practices. The key factors contributing to water scarcity, evaluating government initiatives, and assessing technological advancements for efficient water use. The study followed here is empirical research. A total of 207 samples have been collected out of which all samples have been collected through convenient sampling methods.The content explores the evolution of water management, transitioning from traditional conservation systems to modern, unsustainable extraction practices. Government programs like the Jal Shakti Abhiyan and Atal Bhujal Yojana are critically analyzed for their impact. The findings reveal that while policies and initiatives are in place, their fragmented implementation and lack of public awareness limit their effectiveness. Technological innovations, though promising, remain underutilized due to financial and infrastructural constraints. The conclusion underscores the urgency of adopting integrated approaches combining policy reforms, advanced technologies, and community participation to mitigate the water crisis and achieve sustainable water management in India.

KEYWORDS: Water Governance, Technological Innovation, Water Conservation, Policy Reform, Sustainable Irrigation Systems

CYBERCRIME IN INDIA: FINANCIAL FRAUD AND ITS GROWING THREAT TO THE ECONOMY

AUTHOR – RIDA FATEMA MOLEDINA, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – RIDA FATEMA MOLEDINA, CYBERCRIME IN INDIA: FINANCIAL FRAUD AND ITS GROWING THREAT TO THE ECONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 86-89, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT:

In an era dominated by digital transactions, online transactions, and the ubiquity of technology, the need for robust security measures has become paramount. The rise in cyber-crime has alarmed one and all, as the cyber crooks find innovative ways to fleece money by targeting gullible citizens from simple tricks like sending a ‘link’ to a victim’s mobile to hack into their e-wallets, to intricate plots used to lure and snare people, especially those who are interested in investing in share market trading. Like many nations, India grapples with the challenges of securing its cyberspace and protecting sensitive data.

Keywords: Cybercrime, digital transactions, online transactions, ubiquity of technology, cyber criminals

ADDRESSING DOMESTIC VIOLENCE: LEGAL PERSPECTIVES

AUTHOR – GAURI NIRAJ MISHRA, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – GAURI NIRAJ MISHRA, ADDRESSING DOMESTIC VIOLENCE: LEGAL PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 83-85, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

The Domestic Violence Act, introduced in 2005, is a landmark initiative in India aimed at identifying domestic violence as a criminal act. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) in Section 3 articulates the definition of domestic violence and identifies various forms of abuse. Domestic violence in India is a complex issue influenced by various social, economic, cultural, and psychological factors. Addressing domestic violence in India requires stronger law enforcement, education, economic empowerment of women, and a shift in societal attitudes toward gender equality.

Keywords: Domestic violence, the Protection of Women from Domestic Violence Act, 2005, forms of abuse covered in Domestic violence, reason of domestic violence

INDIAN EXCEPTIONALISM: CULTURAL RIGHTS AND MINORITY PROTECTIONS IN A DIVERSE SOCIETY

AUTHOR – ARVI GIRASE, LLM SCHOLAR AT GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR. SILVASSA

BEST CITATION – ARVI GIRASE, INDIAN EXCEPTIONALISM: CULTURAL RIGHTS AND MINORITY PROTECTIONS IN A DIVERSE SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 277-288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

While sometimes overshadowed by civil, political, and economic rights, cultural rights are essential to human dignity and social justice. Article 29 of the Indian Constitution provides for the protection of cultural rights, particularly those of minorities. However, globalization has created both opportunities and challenges for protecting these rights. This research paper will investigate the unique position of cultural rights within India’s legal framework, focusing on their relevance, problems, and shifting interpretations in the light of globalization.

The study will outline the historical and international perspective on cultural rights, emphasizing their marginalization in human rights rhetoric. It then looks into the Indian legal landscape, examining how constitutional provisions and court interpretations have influenced the protection of cultural identities. The paper will also compares India’s approach to worldwide standards, answering questions about the adequacy of current regulations.

The study’s main focus will be on the influence of globalization, which, while promoting cultural interaction and acknowledgment, also threatens local traditions through homogenization. The study critically assesses India’s response to these concerns, focusing on historic cases and laws aimed at protecting cultural diversity. It also investigates how international human rights instruments like the ICCPR and ICESCR have influenced India’s position on cultural rights.

The study aims to highlight the need for a more robust and adaptable legislative framework to balance modernization and cultural preservation. Recognizing cultural rights as “empowering rights,” which are necessary for participation, identity, and self-expression, the report proposes for stronger enforcement mechanisms, policy reforms, and expanded worldwide collaboration. Finally, it emphasizes that defending cultural rights entails not only preserving traditions, but also building inclusive and peaceful societies in a moment of fast change.

Keywords- Cultural Rights, Minority Rights, Globalization and Culture, Fundamental Rights, Social Justice, Indian Constitution

INDIA’S INDIGENOUS STRUGGLE

AUTHOR – SHRUTI VASAVE, LLM SCHOLAR AT GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR. SILVASSA

BEST CITATION – SHRUTI VASAVE, INDIA’S INDIGENOUS STRUGGLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 269-276, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Recognition is an individual’s identity that is asserted and granted rights based on it. Human beings have inherent rights, independent of nationality, colour, gender, religion, or other characteristics. Recognition shapes an individual’s identity and the privileges that come with it. In society, identity is extremely important for a variety of reasons, and being recognised and acknowledged by others is as important. This recognition helps to promote several factors, including social inclusion. Individual rights are also internationally recognised. However, because of their lack of status as Indigenous in their native country, Indian Indigenous people face difficulties in obtaining international acknowledgement of their rights. India supports the UN Declaration on Indigenous Peoples’ Rights but argues that all Indians are indigenous, not just Adivasi peoples, so the declaration doesn’t apply. Also, India hasn’t agreed to the International Labor Organization Convention 169, making it tough for Adivasi people to have their internationally recognized rights, including religious freedoms, protected in India. This violates their internationally barred rights and they are barred from using the same. This also leads to differential treatment and denial of rights as compared to the other indigenous people of the world. This paper addresses the critical issue of Adivasi peoples in India lacking internationally recognized indigenous status, which has resulted in systematic neglect of their rights. This lack of recognition impedes their ability to maintain their Indigenous identity, as they are compelled to align themselves with the other people of India thereby eroding their indigenous cultural heritage. This paper addresses how Indigenous people’s absence of status affects their rights internationally and limits their legal protection. It explores how this impacted the rights not adequately acknowledged under the current framework. The paper highlights the challenges Indian indigenous face, including differential treatment and equality outlined in the UNDRIP, due to the absence of a lack of status as indigenous. The paper will commence with an introductory overview, followed by a historical exploration of the subject matter. It will then delve into a comparative analysis of indigenous status across different nations, scrutinizing India’s stance on indigenous rights within the framework of international regulations. The challenges confronting indigenous populations will also be a focal point of the research. Through case studies, it examines the need for indigenous status for Adivasi in India and analyses how this lack of status contributes to individuals facing deprivation of their rights.  The paper focuses on the indigenous status of Adivasi people in India internationally

Keywords: Recognition, Indigenous, UNDRIP, Scheduled Tribes, Rights