Category: Volume 5 and Issue 10 of 2025

BALANCING FREE SPEECH AND HATE: THE NEED FOR A CLEARER HATE SPEECH LAW IN INDIA

AUTHOR – PRANAV KUMAR KASHYAP, STUDENT AT JHARKHAND RAI UNIVERSITY

BEST CITATION – PRANAV KUMAR KASHYAP, BALANCING FREE SPEECH AND HATE: THE NEED FOR A CLEARER HATE SPEECH LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 804-810, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction

In India’s dynamic democratic setup, the freedom of speech guaranteed under Article 19(1)(a) of the Constitution plays a crucial role in promoting public debate, dissent, and creative expression. However, this right is not without boundaries. Article 19(2) permits the state to impose reasonable restrictions, particularly in the interest of maintaining public order—a provision that is increasingly invoked to limit speech considered offensive. In recent years, the rise in hate speech, especially on digital platforms, has deepened the conflict between protecting free expression and ensuring communal harmony.

FROM PRINCIPLES TO PROGRESS: HUMAN RIGHTS FRAMEWORKS AND SOCIAL TRANSFORMATION

AUTHOR – DR. SRIDEVI KRISHNA, ASSISTANT PROFESSOR, VIDYAVARDHAKA LAW COLLEGE, MYSURU, KARNATAKA

BEST CITATION – DR. SRIDEVI KRISHNA, FROM PRINCIPLES TO PROGRESS: HUMAN RIGHTS FRAMEWORKS AND SOCIAL TRANSFORMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 800-803, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Human Rights are inherent and inalienable rights which are available to all human beings just because they are humans. These rights are universally recognized irrespective of any race, nationality, religion, sex, ethnicity, language or any other status. Since the adoption of Universal Declaration of Human Rights on 10^th December 1948, the Human Rights have been reframed and applied so as to suit the dynamism of the society. They are reshaped in order to bring equality and fairness among various classes of society. The main target is often been the vulnerable group who face the risk of social exclusion and discrimination. This paper analyses the definition of human rights, its role in bringing social change, the historical and constitutional provisions of human rights, the role of government and civil society in promoting human rights and the challenges faced in the present context of ensuring human rights protection

Key Words: Human Rights, Social Transformation, Equality, Freedom, Non- discrimination

AN EMPIRICAL STUDY ON ISSUES AND CHALLENGES OF WOMEN EMPOWERMENT IN INDIA

AUTHOR – S.KOGULA SWATHI, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS)

BEST CITATION – S.KOGULA SWATHI, AN EMPIRICAL STUDY ON ISSUES AND CHALLENGES OF WOMEN EMPOWERMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 790-799, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper attempts to analyse the present status of Women Empowerment in India and highlights the Issues and Challenges of Women Empowerment. Today the empowerment of women has become one among the most necessary issues of the 21st century. There are so many women, who are wordlessly bearing the harassment from their life partners and others because of the shortage of education, lack of legal awareness and lack of empowerment. Even though women work 24/7 to boost their kids and to keep up their families, they’re not obtaining enough recognition for housework and home maintenance. As this work is unpaid, women who prefer to be home makers aren’t considered as working persons in the Indian economy. Because of this, their self-worth tends to be low. However much women empowerment continues to be an illusion of reality. We have a tendency to observe in our day to day life how women become victimised by varied social evils. The study finds  that women of the Republic of India are comparatively disempowered and that they enjoy somewhat lower rank than that of men in spite of the many efforts undertaken by the Government. It is found that acceptance of unequal gender norms by women are still prevailing within the society. The study concludes by an observation that access to Education, Employment and change in social structure are only the facultative factors to women empowerment.The sample size used in the research is 200 collected from the general public.The dependent variables are  Breaking stereotypes helps to tackle the hindrances in the path of the women empowerment,aspects  important for women’s empowerment, Factors that encourages  and prohibits women’s empowerment and the role of media.The main aim of the study is to understand the current situation of the women in the society and their progress as victims in all areas.

KEYWORDS

Women Empowerment, Education, Health, Socio-Economic Status, Crimes against women, Policy implications.

THE EVOLUTION OF ADMINISTRATIVE TRIBUNALS: A COMPARATIVE STUDY OF THE UK, USA, AND INDIA

AUTHOR – DIVYA M & GOKULNATH M

* LL.M. (FIRST YEAR), THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY.

** LL.M. (SECOND YEAR), THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY.

BEST CITATION – DIVYA M & GOKULNATH M, THE EVOLUTION OF ADMINISTRATIVE TRIBUNALS: A COMPARATIVE STUDY OF THE UK, USA, AND INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 781-789, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research provides a comparative examination of how administrative tribunals have developed in the United Kingdom, the United States, and India. Administrative tribunals act as specialized quasi-judicial entities that enable the efficient resolution of disputes related to administrative law and governmental actions. The study investigates the historical evolution, legal frameworks, and functional roles of these tribunals in each jurisdiction. By looking at their origins, procedural frameworks, and effects on administrative justice, the research reveals both shared trends and unique characteristics shaped by the political, legal, and social contexts of each nation. The analysis emphasizes the importance of administrative tribunals in fostering transparency, accountability, and prompt justice, while also pinpointing challenges such as jurisdictional overlaps and procedural complexities. This comparative viewpoint offers valuable insights for legal reforms aimed at improving the effectiveness of administrative adjudication worldwide.

THE ANTI-DEFECTION LAW: SHIELDING DEMOCRACY OR SILENCING DISSENT?

AUTHOR – HARSH PORWAL, LAW COLLEGE, DEHRADUN

BEST CITATION – HARSH PORWAL, THE ANTI-DEFECTION LAW: SHIELDING DEMOCRACY OR SILENCING DISSENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 771-780, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The Constitution of India is the supreme law of the land. It frames fundamental political principles, procedures, practices, rights, powers, and duties of the government. It imparts constitutional supremacy and not Parliamentary supremacy, as it is not created by the Parliament but, by a Constituent Assembly, and adopted by its people, with a declaration in its Preamble. In a Parliamentary democracy, the obligations of constitutional morality are expected to be equally binding on the government and the opposition. In India, the same political party treats these obligations very differently when it is in office, and when it is out of it. This has contributed greatly to the popular perception of our political system as being amoral.^[1]

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[1] Andre Beteille, ‘Constitutional Morality’ 43(40) Economic and Political Weekly 12( 2008).

TRIPS, PATENTS, AND THE RIGHT TO HEALTH: LEGAL BARRIERS TO EQUITABLE ACCESS TO BIOTECH INNOVATIONS

AUTHOR – R.SRIVINITHRA & A.MAGESH KUMAR

ASSISTANT PROFESSORS AT VELS INSTITUTION OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES

BEST CITATION – R.SRIVINITHRA & A.MAGESH KUMAR, TRIPS, PATENTS, AND THE RIGHT TO HEALTH: LEGAL BARRIERS TO EQUITABLE ACCESS TO BIOTECH INNOVATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 766-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

The research paper analyses the conflict between Right to Health and Intellectual Property Rights under TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement. The paper will discuss the accessibility to biotechnological innovations like vaccines, medicines etc with special reference to low , middle income countries which get affected due to the legal restrictions laid by TRIPS. The agreement has limited their ability to access and develop life-saving biomedical innovations, despite the fact that the agreement was intended to promote innovation and standardize global patent protections. These differences were brought to light by the COVID-19 pandemic, as supply shortages and patent restrictions hindered the equal distribution of vaccines in the face of international health crises. The paper will examine if International Human Rights Law (e.g., the right to health under ICESCR) be reconciled with IP protection

ADHOC EMPLOYMENT IN GOVERNMENT SERVICES:  LEGAL FRAMEWORK   AND CHALLENGES OF REGULARISATION

AUTHOR – SARANYA THIRUMALAI, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SARANYA THIRUMALAI, ADHOC EMPLOYMENT IN GOVERNMENT SERVICES:  LEGAL FRAMEWORK   AND CHALLENGES OF REGULARISATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 758-765, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of adhoc employment and itsregularization presents a significant challenge raising constitutional concerns regarding fair recruitment and equal opportunity. Ad hoc appointments, intended as temporary measures, frequently extend beyond their intended duration, leading to demands for regularization. This paper examines the legal framework governing adhoc employment, focusing on judicial interpretations and evolving policy considerations. The study highlights constitutional provisions, particularly Article 14 and 16, which mandate transparency and merit-based selection in public employment. It explores landmark rulings, including State of Karnataka vs. Uma devi, which reinforced strict adherence to formal recruitment processes, while acknowledging exceptions  in cases of prolonged service in sanctioned posts. Additionally, the doctrine of legitimate expectation is is analyzed in the context of adhoc employees claims for permanency. This research underscores the judiciary’s efforts to balance administrative efficiency with constitutional integrity. Key words: Adhoc employment, regularisation, Article 14&16, fair recruitment, legitimate expectation

CHILD LABOUR IN TELEVISION INDUSTRY IN INDIA

AUTHOR – SUBASH PANDITHURAI, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SUBASH PANDITHURAI, CHILD LABOUR IN TELEVISION INDUSRTY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 750-757, APIS – 3920 – 0001 & ISSN – 2583-2344.

Historical Background

2.1 Origin of Child Participation in Media

Early Beginnings Globally

Children have been involved in media since the early 20th century, especially in theater and film. Children were frequently employed in silent film because of their worldwide appeal, which included their relatability to audiences from all ethnic backgrounds, emotional expressiveness, and innocence.

AN ANALYSIS OF LEGAL FRAMEWORK FOR THE PROTECTION OF THE RIGHTS OF SEX WORKERS IN INDIA

AUTHOR – AMRENDRA KUMAR, DEPARTMENT OF LEGAL STUDIES, JHARKHAND RAI UNIVERSITY, RANCHI

BEST CITATION – AMRENDRA KUMAR, AN ANALYSIS OF LEGAL FRAMEWORK FOR THE PROTECTION OF THE RIGHTS OF SEX WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 692-749, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1: INRODUCTION

INTRODUCTION

“The measure of a civilization is how it treats its weakest members.” – Mahatma Gandhi

This profound statement by Mahatma Gandhi underscores the moral and ethical responsibility of a society to protect and uplift its most vulnerable populations. In the context of contemporary India, one such marginalized and often invisible group is sex workers. Despite their significant presence in the socio-economic fabric of the nation, sex workers remain among the most stigmatized, exploited, and legally unprotected communities. The legal framework governing sex work in India, primarily encapsulated in the Immoral Traffic (Prevention) Act, 1956 (ITPA), reflects a paradoxical approach: while it aims to curb trafficking and exploitation, it inadvertently criminalizes the very individuals it seeks to protect. This dissertation, titled “An Analysis of the Legal Framework for the Protection of the Rights of Sex Workers in India,” seeks to unravel this paradox and explore the ways in which the law can be reimagined to safeguard the dignity, rights, and well-being of sex workers.

“A CRITICAL ANALYSIS OF POCSO ACT: ENSURING PROTECTION AGAINST CHILD SEXUAL ABUSE IN INDIA”

AUTHOR – SHREYA DIXIT, AMITY LAW SCHOOL, NOIDA

BEST CITATION – SHREYA DIXIT, “A CRITICAL ANALYSIS OF POCSO ACT: ENSURING PROTECTION AGAINST CHILD SEXUAL ABUSE IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 684-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Protection of Children from Sexual Offenses (POCSO) Act, 2012, represents a pivotal milestone in India’s legislative framework for safeguarding children against sexual abuse and exploitation. This study critically analyses the Act’s legislative objective, its all-encompassing provisions, and the social-legal challenges in executing it. The POCSO Act mandates timely trials via Special Courts, ensures procedures that are sensitive to victims, and categorizes offenses to address a wide spectrum of child sexual abuse. The Act faces issues such as underreporting, delays in the judiciary, and minimal public knowledge, despite its solid framework. This report emphasizes opportunities for policy enhancement and modification by comparing the POCSO Act with international child protection standards. The Act can serve as a model for child protection in developing nations by addressing these deficiencies. To effectively combat child sexual abuse, the study emphasizes the need for an all-encompassing approach that combines administrative, sociological, and legal changes.

Keywords: POCSO Act, child sexual abuse, legal framework, judicial reforms, child protection, societal impact, mandatory reporting, victim-sensitive procedures.