Category: Volume 5 and Issue 14 of 2025

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.

COMPARATIVE ANALYSIS OF THE MISUSE OF DOWRY LAWS AGAINST MEN: LEGAL FRAMEWORKS AND SOCIAL IMPACTS IN INDIA AND THE UK

AUTHOR – S.JAGATHRATCHAGAN, STUDENT AT O.P.JINDAL GLOBAL UNIVERSITY

BEST CITATION – S.JAGATHRATCHAGAN, COMPARATIVE ANALYSIS OF THE MISUSE OF DOWRY LAWS AGAINST MEN: LEGAL FRAMEWORKS AND SOCIAL IMPACTS IN INDIA AND THE UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 797-801, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/XGZP3075

Introduction and Background

Culturally sanctioned practices and abuses in marriage prompted the enactment of Anti Dowry Law (Dowry Prohibition Act 1961, IPC §498A) in India.^[1] Section 498A (1983) dowry related cruelty as a cognizable, non bailable, and non compoundable offense.^[2] However, the enactment has not gone without scrutiny. Much criticism has been leveled at the legislation’s noncom-pounding evidence and arrest clause, which result in the high probability of mass arrests, with little to no charges pressed. For instance, in 2012, official statistics indicated that of the approximately 200,000 people (47,951 women) who fell victim to dowry laws, 85% went without conviction. Such statistics exacerbates the issue that the system is misused and, as one commentator, the result of which is Section 498A “an alarming number of people, desperate to be liberated, caught in the web of the misused criminal justice system.”

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[1] Indian Penal Code (1860) s 498A.

[2] Ibid.

NOURISHING THE NEXT GENERATION: INDIA’S FIGHT AGAINST CHILD MALNUTITION

AUTHOR – R. DEVADARSHINI, STUDENT AT MADURAI GOVERNMENT LAW COLLEGE

BEST CITATION – R. DEVADARSHINI, NOURISHING THE NEXT GENERATION: INDIA’S FIGHT AGAINST CHILD MALNUTITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 787-796, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/WZOV5402

ABSTRACT

For a healthy development of children, balanced died is a significant factor.  Good and proper nutrition helps the children to fuel their body.  Lack of proper nutrition is the primary cause of malnutrition.  According to the World Health Organisation, Malnutrition refers to deficiencies or imbalances in a person’s intake of energy or nutrients.  The Children’s right to Nutrition is recognised universally by various International conventions like United Nation Convention on Right of Child 1989.  In India, certain constitutional Articles protects the right of children against malnutrition such as Article 21 which protects right to adequate food and Article 47 which mandates the State to provide early childhood care.  Child Malnutrition continues to be a challenge for India to surmount.  It is significant to reduce the malnutrition among the children because of the impact it creates on child’s physical and emotional well-being.  Some of the profound effects on child due to this malnutrition are emotional distress, impaired cognitive development, mental health disorders and social challenges.  Various Government initiatives was introduced by the Government of India to surmount the crisis of child malnutrition.  Some of the key initiatives are ICDS Scheme, PM POSHAN 2.0,  POSHAN ABHIYAAN, MID-DAY MEAL scheme, SWACHH BHARAT MISSION.  Albeit introducing several malnutrition free initiatives, still the child malnutrition is a growing crisis in India.  Though the child malnutrition is a challenge in India but According to the latest Poshan Tracker Data, which shows lower rate of stunting, wasting and underweight among children as compared to NFHS-5 survey.  This paper aims to study on the India’s progress on child malnutrition, key initiatives introduced by Government to preclude this growing crisis and analyses about the rights of children against malnutrition.      

KEYWORDS – Child Malnutrition, WHO, Rights, Progress, PM Poshan

DYING DECLARATIONS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023: A COMPARATIVE ANALYSIS OF INDIA, THE UNITED STATES, THE UNITED KINGDOM, FRANCE, AND RUSSIA

AUTHOR – JOEL JAMES. J, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – JOEL JAMES. J, DYING DECLARATIONS UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023: A COMPARATIVE ANALYSIS OF INDIA, THE UNITED STATES, THE UNITED KINGDOM, FRANCE, AND RUSSIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 773-785, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The doctrine of dying declarations remains one of the most enduring yet contested exceptions to the rule against hearsay in criminal evidence law. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), India has retained a notably expansive framework, permitting the admissibility of statements relating to the cause of death without requiring belief in imminent death, without mandating procedural safeguards, and even allowing convictions based solely on an uncorroborated dying declaration. This approach stands in sharp contrast to the narrower and rights-protective models adopted in other major jurisdictions. The United States and the United Kingdom recognise dying declarations as limited historical exceptions, subject to strict imminence requirements and confrontation-based safeguards, while civil-law jurisdictions such as France and Russia do not treat dying declarations as a distinct evidentiary category, instead evaluating last statements within broader frameworks of judicial discretion and corroboration. This article undertakes a comparative analysis of the relevancy and admissibility of dying declarations under the BSA, tracing the historical evolution of the doctrine, analysing Supreme Court jurisprudence on reliability and sole-basis convictions, and examining philosophical, empirical, and constitutional critiques of the presumption of truthfulness in extremis. Particular emphasis is placed on Article 21 of the Indian Constitution and the tension between evidentiary necessity and fair-trial guarantees, especially in cases involving domestic violence, dowry deaths, and burn injuries where dying declarations often constitute crucial evidence. Through comparative evaluation, the article contends that reform is necessary to align Indian evidence law with constitutional fairness and evolving international criminal justice standards and safeguards worldwide.

Keywords – Dying Declaration; Bharatiya Sakshya Adhiniyam, 2023; Evidence Law; Hearsay Exception; Comparative Criminal Procedure; Article 21; Fair Trial; Sole-Basis Conviction; Constitutional Due Process; International Human Rights.

. FROM SHAME TO SUPPORT: CULTURAL CRIMINOLOGY OF VICTIM BLAMING IN INDIAN COMMUNITIES

AUTHOR- JENIMETTILDA J, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – JENIMETTILDA J, FROM SHAME TO SUPPORT: CULTURAL CRIMINOLOGY OF VICTIM BLAMING IN INDIAN COMMUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 758-772, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Victim blaming remains one of the most enduring cultural and criminological challenges in India, shaping how survivors of sexual and gender-based violence are perceived, treated, and supported. This study applies a cultural criminology framework to examine how patriarchal norms, caste hierarchies, honour-based expectations, and religious interpretations collectively determine public and institutional responses to survivors. Despite significant legal reforms particularly the Criminal Law Amendments of 1983, 2013, 2018 and Bharatiya Nyaya Sanhita,2023 victims blaming continues to infiltrate policing practices, judicial reasoning, media narratives, and digital interactions. The research reveals that survivors are often required to defend their morality, behaviour, and social standing before their claims are taken seriously, thereby reproducing historical prejudices rooted in colonial law, caste power structures, and patriarchal control. Through an interdisciplinary analysis of case law, statutory developments, and socio-cultural patterns, the study argues that legal reform alone cannot dismantle entrenched narratives of shame. A shift toward a survivor-centric justice model requires trauma-informed institutional procedures, community-level transformation of honour-based gender norms, strengthened cyber protections, and ethical media conduct. The findings underscore the need for a holistic cultural and structural shift from a system that implicitly blames survivors to one that affirms dignity, agency, and support.

KEYWORDS -Victim blaming; Cultural criminology; Sexual violence; Indian criminal justice system; Patriarchy; Caste and gender; Honour norms; Digital shaming; Media ethics; Survivor-centric justice; Trauma-informed policing; Gender norms in India

MANUAL SCAVENGING AS A GROSS VIOLATION OF HUMAN RIGHTS AND HUMAN DIGNITY IN INDIA

AUTHOR – J.PIRAVIN ANSARI, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW (SOEL), THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – J.PIRAVIN ANSARI, MANUAL SCAVENGING AS A GROSS VIOLATION OF HUMAN RIGHTS AND HUMAN DIGNITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 750-757, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER I – INTRODUCTION AND RESEARCH FRAMEWORK

1.1 Introduction

Manual scavenging is one of the most inhuman, degrading, and exploitative forms of labour in India. It involves the manual handling, removal, and disposal of human excreta from dry latrines, open drains, sewers, and septic tanks^[1]. Despite constitutional guarantees of equality, dignity, and freedom from exploitation, the practice continues largely due to caste-based discrimination, poverty, lack of mechanisation, and weak enforcement of laws^[2].

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[1] The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, § 2(1)(g).

[2] National Human Rights Commission, Report on the Status of Manual Scavenging in India (NHRC, New Delhi

ADVANCED TECHNIQUES IN TRACK EVIDENCE

AUTHOR – J.PIRAVIN ANSARI* & MR. SUJITH KUMAR**

* 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 – J.PIRAVIN ANSARI & MR. SUJITH KUMAR, ADVANCED TECHNIQUES IN TRACK EVIDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 744-749, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter I – Introduction, Research Framework, and Review of Literature

1.1 Introduction

Track evidence refers to impressions left by footwear, bare feet, tires, or other contact surfaces at a crime scene. These impressions may be visible, latent, or plastic and are considered an important form of circumstantial forensic evidence. Track evidence assists investigators in reconstructing crime scenes, understanding movement patterns, establishing the presence or absence of individuals, and corroborating other forensic and testimonial evidence^[1]. With advancements in forensic science, traditional methods of track evidence collection and analysis have been supplemented and, in some cases, replaced by technologically advanced techniques such as 3D photogrammetry, laser scanning, LiDAR, and artificial intelligence-based footwear identification systems. These developments necessitate a structured academic inquiry into their scientific reliability, legal admissibility, and practical applicability^[2]

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[1] Saferstein, Richard, Criminalistics: An Introduction to Forensic Science, 12th ed., Pearson Education, 2018, pp. 162–165.

[2] Galanakis, G., “A Study of 3D Digitisation Modalities for Crime Scene Investigation,” Applied Sciences, Vol. 11, MDPI, 2021

MEDICAL ETHICS AND BIOTERRORISM: EMERGING CHALLENGES

AUTHOR – AKSHAYA S, STUDENT ATTHE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AKSHAYA S, MEDICAL ETHICS AND BIOTERRORISM: EMERGING CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 729-743, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Bioterrorism—the intentional release of biological agents to cause widespread disease, fear, and societal disruption—has emerged as one of the most complex and ethically challenging threats of the twenty-first century. Unlike conventional terrorism, biological attacks exploit the vulnerability of public health systems, the invisibility of pathogens, and the interconnectedness of global populations. This paper provides a comprehensive examination of the evolving landscape of bioterrorism and its intersection with medical ethics. It traces the historical trajectory of biological weapons from ancient methods of poisoning wells to sophisticated modern techniques involving genetic engineering, laboratory manipulation of viruses, and the misuse of synthetic biology. The study highlights how bioterrorism challenges the traditional pillars of medical ethics—autonomy, beneficence, non-maleficence, and justice—by forcing healthcare professionals to balance individual rights against collective safety. Physicians must confront dilemmas related to mandatory reporting, quarantine, allocation of scarce resources, and personal risk during outbreaks. The paper further analyzes legal and regulatory frameworks, particularly the Biological Weapons Convention (BWC), WHO guidelines, and India’s statutory mechanisms such as the Epidemic Diseases Act and Disaster Management Act. It also examines contemporary concerns including dual-use research, cyber-biosecurity, AI-assisted pathogen design, and the ethical oversight of high-risk biological laboratories. The study argues that the rise of emerging pathogens, global travel, and technological democratization has increased the probability of intentional or accidental biological incidents. Therefore, medical ethics must expand into a broader framework of biosecurity ethics, emphasizing preparedness, transparency, public trust, and rights-based public health governance. The paper concludes that an ethically informed biodefense strategy is essential to protect societies while preserving human dignity and civil liberties.

KEYWORDS: Bioterrorism, Medical Ethics, Biosecurity, Biological Weapons Convention, Medical Professionals.