Category: Volume 5 and Issue 1 of 2025

UNVEILING THE SHADOWS: UNDERSTANDING WOMEN TRAFFICKING IN THE MODERN WORLD

AUTHOR – HEBA JAWED, ADVOCATE & INDEPENDENT AUTHOR FROM NEW DELHI

BEST CITATION – HEBA JAWED, UNVEILING THE SHADOWS: UNDERSTANDING WOMEN TRAFFICKING IN THE MODERN WORLD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 91-112, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This dissertation seeks to offer a thorough examination of women trafficking, uncovering its intricate characteristics, underlying reasons, and socio-economic consequences. Utilizing theoretical models, empirical investigations, and real-world cases, it delves into the intricate workings of trafficking networks, the vulnerabilities faced by victims, and the impact of counter-trafficking efforts. By analyzing the interplay of gender, migration, and globalization, this study aims to enrich discussions on human trafficking and guide policy measures to combat this grave infringement of human rights. Reaching out to the issue of Women trafficking involves a lot of perception. The concept of Women trafficking refers to the criminal practice of exploiting women by treating them like commodities for profit^[1]. Human trafficking is expressly prohibited under the Constitution of India under Article 23.

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[1] Dr. C.M. Prakasha, A Study of Human Trafficking in India: An Overview, 7 Int’l J. Mgmt. & Soc. Sci. 11 (2019).

DATA PROTECTION IN DIGITAL ERA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCES OF DATA PROTECTION ACT, 2023

AUTHOR – MR. MD JIYAUDDIN & DR. SUNITA BANERJEE, ASSISTANT PROFESSORS OF LAW, VEL TECH RANGARAJAN DR SAGUNTHALA R & D INSTITUTE OF SCIENCE AND TECHNOLOGY, IMDJIYAUDDIN@GMAIL.COM

, BEST CITATION – MR. MD JIYAUDDIN & DR. SUNITA BANERJEE, DATA PROTECTION IN DIGITAL ERA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCES OF DATA PROTECTION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 82-90, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In an era marked by unparalleled digital data expansion and technological change, securing personal data has become a top priority for individuals, organisations, and governments throughout the world. The impact of social media on people’s right to privacy has sparked considerable controversy. The importance of data protection has risen dramatically over the last several decades, reaching previously inconceivable heights as a result of global digitalisation, including India. The concept of “privacy” dates back to the dawn of human civilisation. However, comprehending privacy may be difficult. There is no commonly agreed definition of “privacy” among scholars since the term changes alongside society. The term “right to privacy” has developed to cover rights such as the right to be alone or to be anonymous, which have emerged throughout human history. Protecting this freedom is critical in today’s world, given the proliferation of digital media. The implementation of the Digital Personal Data Protection Act, 2023, is significant in that it defines rules for the authorised handling of personal data, giving power and protecting individuals’ rights. The DPDP Act’s main goal is to increase the accountability and responsibility of organisations that operate inside Indian borders, such as internet companies, mobile applications, and companies that collect, store, and alter citizen data. Emphasising the ‘Right to Privacy,’ this law seeks to make sure that these organisations are transparent and answerable for how they handle personal information, therefore prioritising individual rights to privacy and data protection. Thus, examining the Digital Data Protection Act 2023 from a privacy perspective is pertinent.

Key Words: Digital data expansion, Technological change, Right to privacy, Unparalleled, Accountability and Responsibility

PROVISIONS RELATING TO APPEAL IN CONTEMPT OF COURTS ACT, 1971

AUTHOR – SNEHA RAWAT & HARSH TYAGI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – SNEHA RAWAT & HARSH TYAGI, PROVISIONS RELATING TO APPEAL IN CONTEMPT OF COURTS ACT, 1971, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 78-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The judiciary cannot itself claim immunity to criticism. Healthy criticism, after all, is quite necessary for its own functioning. However, when such criticism cuts into the meaning of clear distortions or serious misrepresentations, more so if the criticism seems designed to demean the dignity of the judiciary and reduce public trust in it, steps must be taken. Even though action for contempt of court is a discretionary measure, it should not be pressed too frequently or too lightly.

THE SEPARATION OF POWER IN THE FRAMEWORK OF TAX ASSESSMENT

AUTHOR – SNEHA RAWAT & HARSH TYAGI, STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE

BEST CITATION – SNEHA RAWAT & HARSH TYAGI, THE SEPARATION OF POWER IN THE FRAMEWORK OF TAX ASSESSMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 73-77, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The assessment and the reassessment proceedings mentioned mainly in §140 – §149 of the income tax act, 1961 (herein referred as the Act), has undergone several amendments since its inception. It has been, from the beginning, the main focus of legislative reforms and judicial scrutiny, due to its pertinent nature. Every individual, whoever exceeds the exemption limit, is subjected to file an income tax return within a prescribed date.^[1] Similarly, every company, having a turnover above the prescribed upper limit, is subjected to a tax audit,^[2] or an audit in another act^[3] within a due date as per the section. Most of these declarations are facilitated by a CA or a knowledgeable expert in this field. However, all declarations are not completely scrutinized by the tax authorities. That is where the assessment provision comes in.^[4] Assessment verifies and validate these declarations such that losses are not overstated, and accuracy and legitimacy of the returns filed are preserved. The goal is to ensure the integrity of tax collection and avert any possibility of misuse and inconsistencies in the financial data reported. Because the executive body is vested with such powers to seize declare and check the data anytime, it becomes pertinent to have a balance and check of judiciary.

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[1]  Income Tax Act 1961,  § 140 – § 149.

[2]  Income Tax Act 1961, § 44AB.

[3]  After the amendment of 2023, proviso 2 of § 44AB, gives such an exemption.

[4]  Income Tax Act 1961, § 143.

THE MISUSE OF ANTI-TERRORISM LAWS: HOW UAPA AND PMLA VIOLATE HUMAN RIGHTS UNDER FATF’S WATCH

AUTHOR – DISHA SINGHAL, STUDENT AT SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

BEST CITATION – DISHA SINGHAL, THE MISUSE OF ANTI-TERRORISM LAWS: HOW UAPA AND PMLA VIOLATE HUMAN RIGHTS UNDER FATF’S WATCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 64-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper titled, ‘The Misuse of Anti-Terrorism Laws: How UAPA and PMLA Violate Human Rights Under FATF’s Watch’ under the theme ‘Rights, Equality and Social Justice’ aims at analyzing anti-terrorism and combating the financing of terrorism and anti-money laundering laws of India with reference to the Unlawful Activities (Prevention) Act, 1967 and the Prevention of Money Laundering Act, 2002. These laws formulated to counter terrorism and its financing have been broadened and modified to meet international standards, especially the Financial Action Task Force Recommendations. Nevertheless, this type of expansion has now elicited grievous human rights concerns. The paper examines the broad and ambiguous nature of these laws and their applicability to journalists, activists, and civil society organizations for politically sensitive cases. Using journalist Siddique Kappan’s case where he was charged under both UAPA and PMLA, the study explains how these laws are being utilized to repress opposition and suppress freedom of speech.

The paper shall delve into the analysis of how India’s compliance with FATF norms resulted in the violation of human rights. The paper also claims that due to the sweeping and vague nature of these laws, important fundamentals such as; the right to a fair trial, and the presumption of innocence are also violated. Besides, it highlights the fact that the use of these laws to stifle opposition is counter-productive for counter-terrorism, the violation of human rights in the fight against terrorism is counter-productive.
In the paper’s conclusion, the author points to the need for the review of these laws, stricter regulation of such policies, and involvement of civil society in the evaluation of its policies by FATF, and for protecting human rights defenders. It asserts and insists that for justice to prevail, for India to win, it has to balance on the twin wheels of security and liberty, national security and the protection of rights to freedom.

Keywords: Human Rights, Terrorist Financing, Money Laundering, FATF, PMLA, UAPA, Due Process, Fair Trial

POLICE DEVIANCE: STRUCTURES OF LEGAL RESTRAINT ON POLICE FOWERS IN INDIA

AUTHOR: Y.JECINTHA BENADICTA, LLM SCHOLAR AT THE CENTRAL LAW COLLEGE, SALEM

BEST CITATION – Y.JECINTHA BENADICTA, POLICE DEVIANCE: STRUCTURES OF LEGAL RESTRAINT ON POLICE FOWERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 46-63, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

The police, as one of the actors in the criminal justice system, must play an important role in maintaining peace and enforcing law and order in their territory. Its main function is to protect people’s life and property and to protect them from violence, threats, abuse and trouble. So police work has played an important role in the criminal justice system, and it has changed dramatically every day. Today’s police officers must protect people from physical harm, save lives, control traffic and maintain law and order in the streets and public spaces. There is also clear action to prevent crime and violence from children to women and children.^[1] Police deviance occurs when law enforcement officers behave in a manner that is ―inconsistent with the officer’s legal authority, organizational authority, and standards of ethical conduct^[2] Article 21^[3] of the Constitution of India gives hope to the lives of prisoners, under trial and accused persons. These citizens deserve to be treated humanely and legally. In the case of Maneka Gandhi v. Union of India AIR 1978 SC 597, the Supreme Court held that the State and the police as the main law enforcement agency have an inalienable duty to bring criminals to justice. However, the law and the measures taken by the government to achieve this social goal should be in line with international norms. Therefore, the procedure implemented by the authorities should be fair, just and fair.^[4]

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[1] Vijaya Sampat Anandi Jagtap, ―The Police Their Deviances with Special Reference to Some of the Crimes, University, 2010, https://shodhganga.inflibnet.ac.in:8443/jspui/handle/10603/535131.

[2] Deviance Notes – Unit – III POLICE DEVIANCE Police Indian Police Act, 1861 Enacted by British Still – Studocu,‖ accessed October 11, 2024, https://www.studocu.com/in/document/karnataka-state-law- university/llm/deviance-notes/91367211.

[3] Constitution of India| National Portal of India,‖ accessed October 11, 2024, https://www.india.gov.in/my- government/constitution-india.

[4] Maneka Gandhi vs Union Of India on 25 January, 1978,‖ accessed October 11, 2024, https://indiankanoon.org/doc/1766147/.

“DIGITAL ASSETS AND ARBITRATION IN INSOLVENCY PROCEEDINGS: CHALLENGES IN A BORDERLESS BLOCKCHAIN ERA”

AUTHORS – SAGAR DUTTA & HARSHITA DUBEY, STUDENTS OF ST. XAVIER’S UNIVERSITY, KOLKATA

BEST CITATION – SAGAR DUTTA & HARSHITA DUBEY, “DIGITAL ASSETS AND ARBITRATION IN INSOLVENCY PROCEEDINGS: CHALLENGES IN A BORDERLESS BLOCKCHAIN ERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 38-45, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Digital assets, which include cryptocurrencies, tokens, non-fungible tokens (NFTs), and other blockchain-based assets, pose unique challenges under insolvency laws. Unlike traditional assets, digital assets often exist on decentralized platforms, making them intangible and difficult to categorize within existing legal frameworks.^[1] Insolvency laws across jurisdictions have struggled to define these assets uniformly, leading to fragmented approaches. For example, some jurisdictions classify cryptocurrencies as property, while others view them as commodities or even securities. This lack of harmonization complicates the resolution of insolvency cases where digital assets form a significant part of the debtor’s estate. At the national level, countries like the United States have begun to integrate digital assets into their legal systems, categorizing them under property law for insolvency purposes. In contrast, the European Union has adopted the Markets in Crypto-Assets Regulation (MiCA) to provide a more cohesive regulatory approach. However, the international landscape remains inconsistent. The United Nations Commission on International Trade Law (UNCITRAL) has not yet provided clear guidelines for digital asset classification in insolvency cases, leaving practitioners to rely on bilateral or regional frameworks. This divergence complicates cross-border insolvencies, as courts may struggle to determine the legal status of digital assets held across jurisdictions.^[2]

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^[1] Sharma R. Non-Fungible Token (NFT): What it means and how it works. Investopedia. https://www.investopedia.com/non-fungible-tokens-nft-5115211. Published June 12, 2024.

^[2] Insolvency | United Nations Commission on International Trade Law. https://uncitral.un.org/en/texts/insolvency.

A CRITICAL ANALYSIS OF HEALTH AND SAFETY OF MIGRANT WORKERS

AUTHOR – BHUVANESWARY S & GRACE GODSON B, LLM SCHOLARS AT THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – BHUVANESWARY S & GRACE GODSON B, A CRITICAL ANALYSIS OF HEALTH AND SAFETY OF MIGRANT WORKERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 34-37, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The information of employment and Unemployment which is conducted by Ministry of statistics and Program Implementation (MoSPI) since 2017-18. The overview period is July to June of following year. As per the information accessible in most recent Yearly PLFS Reports, the assessed Specialist Populace Proportion (WPR), demonstrating business, on normal status for people of age 15 a long time & over was 50.9%, 52.6% and 52.9% amid 2019-20, 2020-21 and 2021-22, separately. As per the Report Movement in India, 2020-21, based on PLFS    2020-21, discharged by (MoSPI), the add up to movement rate in India was 28.9%. Out of the add up to transient people, around 10.8% people were relocated due to business related reasons. The business related reasons incorporate in look of employment/better work, for work/ work (to take up business/ to take up superior business/ commerce/ nearness to put of work/ exchange) and misfortune of job/closure of unit/lack of work opportunities. With this ever-increasing rate of relocation inside the nation, the act of giving viable healthcare administrations to all remains a challenge. Discoveries from the survey portrayed a few wellbeing issues and dreary conditions, such as the risk of irresistible maladies, work-related ailment, sexually transmitted diseases (STI) and mental clutters. This survey paper recognizes need of social security and wellbeing care scope for the vagrants as pivotal concerns; and in this manner illustrates the require to have all-inclusive urban wellbeing care approaches to guarantee common wellbeing and well-being for transients, along with way better work and living conditions.

“ARTIFICIAL INTELLIGENCE IS A BOON FOR JUSTICE DELIVERY SYSTEM”

AUTHOR – DR. HINA GUPTA, ASSISTANT PROFESSOR AT SHRI RAM COLLEGE OF LAW, MUZAFFARNAGAR, UTTAR PRADESH, INDIA

BEST CITATION – DR. HINA GUPTA, “ARTIFICIAL INTELLIGENCE IS A BOON FOR JUSTICE DELIVERY SYSTEM”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 27-33, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Artificial Intelligence has changed the approach of the technology in 21^st Century now. It would not be wrong to call it the Technological Revolution – 2024. AI can become the boon for human race by its positive use or a curse if it is not carefully handled. Artificial Intelligence has its origin since 1950s but it was not as much developed as today. Primarily, it was purely based on Turing Test only, but now we are living with the developed form of AI. ‘The pendency of Cases’ and ‘Delay in justice delivery’ are two main issues on which India must work and consequently can provide a better shape to Indian Justice Delivery System. AI is actually the up-gradation in technology, with which we all have to live with. Every new thing has some merits and demerits and so as AI has. By providing audio translating system and audio-typing system etc. our respected Judicial officers are becoming more efficient and justice delivery system is becoming more transparent. After adopting this form of AI in our judicial system the Clients can now read any order or Judgment in their own native language. In this paper, the Author is highlighting the features of AI, which are helping Judicial System and simultaneously the solutions of few gaps in execution of AI in Justice Delivery.

Keywords: AI, AI a boon, Justice, Justice delivery system, Technological revolution.

IMPACT OF CHANGING DIMENSIONS OF THE DIGITAL PLATFORM AGAINST CHILDREN AND EXIGENCY OF THE DIGITAL DATA PROTECTION ACT

AUTHOR – SURIYAPRABHA KALIRAJAN, B.Sc.,(MB) , LL.B., M.Sc.(C&P)., LL.M.,(HRDE), ADVOCATE, MADRAS HIGH COURT AND INDEPENDENT AUTHOR

BEST CITATION – SURIYAPRABHA KALIRAJAN, IMPACT OF CHANGING DIMENSIONS OF THE DIGITAL PLATFORM AGAINST CHILDREN AND EXIGENCY OF THE DIGITAL DATA PROTECTION ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 429-439, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The Government of India is on the process of drafting the Digital Data Protection Bill 2023 for more than one year, expecting to be amended in 2025. It is need of an hour  the  At the outset, it should not be denied that children are most vulnerable group in the society to any kind of ill cause. Later it has changed its dimension into limelight roll, simultaneously the children including the teens utilized the digital platform for showcasing their talents and desires which is leading perpetrators to access them easily. Children in the present society are more interconnected through social networking than ever before in the past two decades in this millennium era. Initially different electronic Gadgets were introduced for the purpose of telecommunication, entertainment, camera purpose, so on and so forth. Now all the features given in one smart phone device and so everyone including the children experienced to the versatility of the digital world. Amongst the billions of Internet global users, the children’s experience is no longer restricted by any doors or curtains, classroom walls, or any national borders. Particularly without the knowledge of parents and Guardians these children it is taken place in their lives.