Category: Volume 5 and Issue 2 of 2025

ACHIEVING WAGE JUSTICE: A LEGAL AND ECONOMIC ANALYSIS OF THE WAGE CODE, 2019

AUTHOR – VARSHA D. VYAS* & DR. ARSHI PAL KAUR**,

*ASSISTANT PROFESSOR AT M.K.E.S. COLLEGE OF LAW

** ASSISTANT PROFESSOR, DEPARTMENT OF LAWS, GURU NANAK DEV UNIVERSITY, REGIONAL CAMPUS, GURDASPUR.

BEST CITATION – VARSHA D. VYAS & DR. ARSHI PAL KAUR, ACHIEVING WAGE JUSTICE: A LEGAL AND ECONOMIC ANALYSIS OF THE WAGE CODE, 2019, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 93-95, 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 1948, a tripartite committee, “The Committee on Fair Wage” was established to formulate guidelines for wage structures. The Code on Wages, 2019 represents a crucial advancement in the labour law landscape of India, designed to simplify and guarantee equitable wages for workers in various sectors. The Code on Wages unifies multiple wage laws,^[1] reducing ambiguities and regulatory overlaps. The Code mandates timely wage payments, ensuring that employees receive their earnings without undue delays. The Code reinforces the principle of equal remuneration for men and women for the same work or work of similar nature, alongside strict anti-discrimination clauses. With the push towards digital wage payments and better record-keeping, the Code encourages formalization of employment. The Code on Wages, 2019 introduces a contemporary framework for wage regulation in India, effectively balancing the rights of workers with the needs of businesses. It promotes fairness, transparency, and the formalization of labour practices, establishing a foundation for equitable treatment.

Key Words: The Wage Code, 2019, Minimum wages, payment of wages, labour reforms, equal remuneration, economic impact

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[1] https://dtnbwed.cbwe.gov.in/images/upload/Code-on-Wages–_03L6.pdf

COMBATING SEXUAL HARASSMENT AND BULLYING IN THE CYBER LANDSCAPE

AUTHOR – SIDDHI DINESH MEHRA, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – SIDDHI DINESH MEHRA, COMBATING SEXUAL HARASSMENT AND BULLYING IN THE CYBER LANDSCAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 90-92, 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 the contemporary digital age, the internet has become a fundamental component of our everyday existence, providing unparalleled avenues for communication, education, and social engagement. Digital sexual harassment and bullying involve harmful behaviours conducted through online platforms, leading to significant psychological and emotional distress for victims. Digital sexual harassment and bullying manifest in various forms like cyberstalking, deepfakes, impersonation etc. India has established several legal provisions to combat online harassment. While legal frameworks provide the necessary legal basis for action, technological solutions offer practical tools for detection, reporting, and support, enhancing the effectiveness of efforts to combat digital sexual harassment and bullying in India.

Key Words: Combating sexual harassment and bullying, Cyberstalking, Deepfakes, the Information Technology Act, 2000

THE LEGAL FRAMEWORK SURROUNDING SOLITARY CONFINEMENT IN INDIA

AUTHOR – KANAK S. UPADHYAY, STUDENT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – KANAK S. UPADHYAY, THE LEGAL FRAMEWORK SURROUNDING SOLITARY CONFINEMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 77-82, 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

Solitary Confinement means keeping a person thoroughly isolated from any kind of contact from outside world. Solitary Confinement as a practice owes its origin to the United States. In 1787, Quaker Dr. Benjamin Rush, Benjamin Franklin and several Quaker leaders founded the Philadelphia Society for alleviating the miseries of public prisons. They believed that total isolation and silence would lead to penitence and the offender may not repeat the crime again. Sections 73 And 74 of the IPC (Section 11 And 12 of BNS) deals with the provisions for Solitary Confinement. Under Section 73^[1] (Section 11 of BNS)^[2], Solitary Confinement can be awarded for offences under IPC (Now BNS). The Prisons Act, 1894 is India’s first prison regulation legislation. The legislation focuses mainly on the rehabilitation of inmates in relation to the rights of inmates. Section 29 and 30 of The Prisons Act, 1894 deals with Solitary Confinement. The Solitary Confinement has many consequences. A large body of research shows that Solitary Confinement causes adverse psychological , physical, and neurological effects and increases the risk of serious harm to individuals who experience it, often lasting well beyond one’s time in Confinement.

Keywords: Solitary confinement, origin of Solitary confinement, law related to Solitary confinement, the Prisoners Act, 1984, effect of Solitary confinement

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[1] Section 73 of Indian Penal Code,1860.

[2] Section 11 of Bharatiya Nyaya Sanhita,2023.

THE IMPORTANCE OF LEGAL EDUCATION: A KEY TO A JUST AND ORDERLY SOCIETY

AUTHOR – MS. RINKAL TRIVEDI, HEAD CLERK AT M.K.E.S COLLEGE OF LAW

BEST CITATION – MS. RINKAL TRIVEDI, THE IMPORTANCE OF LEGAL EDUCATION: A KEY TO A JUST AND ORDERLY SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 71-73, 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

Legal education is essential in influencing both individuals and society as a whole. Legal education in India holds significant importance for various reasons. It empowers individuals by providing them with the necessary knowledge and skills to comprehend their rights and effectively engage with the legal system. Legal education serves as a cornerstone for the establishment and preservation of a fair and equitable society. Legal education plays a critical role in enhancing access to justice. Legal education cultivates the competencies required to advocate for those who might otherwise remain unheard. Legal education equips individuals with the necessary skills to advocate effectively for themselves and others. A legal education paves the way for a diverse array of career paths, extending beyond conventional legal professions to include fields such as corporate governance, public policy, diplomacy, and non-governmental organizations (NGOs). Legal education is often closely associated with social responsibility and a dedication to public service.

Key Words: Legal education, Importance of legal education, justice, career opportunity in Law

NECESSITY OF BHARATIYA NYAYA SANHITA, 2023

AUTHOR – AARYAN PRASAD GOKHALE, LAW ASPIRANT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – AARYAN PRASAD GOKHALE, NECESSITY OF BHARATIYA NYAYA SANHITA, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 69-70, 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).

INTRODUCTION TO CRIME?

The general meaning of the word Crime is any act or behavior of a person which is against the provisions of Law and for that act, the Judiciary can punish the person.^[1] There are certain circumstances under which a person commits a crime, such as a sense of revenge, extreme poverty, family conditions, etc. When a person commits a crime, it affects; 1) the Victim 2) the family of the Victim, and 3) the society.

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[1] Ian David Edge, ‘Crime’ (Britannica, 13 July 2024) <https://www.britannica.com/topic/crime-law> accessed 5^th August 2024

THE DIGITAL HANDCUFFS: UNDERSTANDING DIGITAL ARRESTS

AUTHOR – SAHIL KIRAN GOKHALE, LAW ASPIRANT AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – SAHIL KIRAN GOKHALE, THE DIGITAL HANDCUFFS: UNDERSTANDING DIGITAL ARRESTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 65-68, 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).

INTRODUCTION

What exactly does” cyber” mean? If you consult a traditional wordbook like Webster’s, you’ll find a description along the lines of “ relating to or involving computers or computer networks. ” That seems enough straightforward, right? When we suppose of cyber, we frequently imagine the image of a hacker in a hoodie, working down on their laptop, insulated in a dim room. It’s easy to assume that cyber is each about technology. But is it really only about technology? That’s the question worth exploring.

THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21

AUTHOR – RAJ ARVIND SHAH, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – RAJ ARVIND SHAH, THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 61-64, 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 enactment of the Constitution (Eighty-sixth Amendment) Act in 2002 led to the inclusion of Article 21-A in the Constitution of India, which guarantees free and compulsory education for all children between the ages of six and fourteen as a Fundamental Right, subject to the regulations established by the State through law. This amendment made it clear that every child in the age group of 6 to 14 years has the right to receive free education. The inclusion of this provision reflects the Indian state’s commitment to empowering its citizens by providing access to education, irrespective of socio-economic disparities. The Act ensures that no child is denied education based on financial constraints. The RTE Act mandates certain standards for schools, including infrastructure, teacher qualifications, and pupil-teacher ratios, to ensure a quality learning environment. One of the immediate outcomes of the RTE Act has been a significant increase in enrolment rates, especially in rural and marginalized communities.

Key Words: Right to education, Article 21, Article 21A, Constitution (Eighty-sixth Amendment) Act in 2002, Directive Principles of State Policy

CYBER TERRORISM: A THREAT TO NATIONAL SECURITY

AUTHOR – JASHVI DODHIA, STUDENT AT MKES COLLEGE OF LAW

BEST CITATION – JASHVI DODHIA, CYBER TERRORISM: A THREAT TO NATIONAL SECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 56-60, 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

Information technology has opened doors of opportunity for the world by creating multiple sources for the growth of people’s financial infrastructures. With over 900 million internet users, India was the second largest online market in the world, behind China.^[1] Cyberspace runs in the veins of modern digital transactions, businesses, and other essential services. But where there is power, there will be misuse of power. With the invention of cyberspace, there has also been an increase in cybercrimes. Criminals use many tactics to scam people and extort money from them. There is a lot of unawareness and ignorance among the citizens, due to which people get scammed. The slow process of the executive and judiciary also adds to the cybercrimes every day. One of the most recent types of cybercrime is digital arrest. Due to people’s lack of knowledge and awareness, they think that one can be digitally arrested now and become vulnerable and end up falling into the traps of these criminals. Cyberattacks have the tendency to depict lethal, non-lethal, and psychological well-being of the citizens, public confidence of the government bodies, and political attitudes of the parties. Even terrorist groups use cyberspace to achieve their motives. Cyber terrorism imposes a threat on national security.^[2]

Keywords: Cyber Crime, cyber terrorism, cyber law, Information Technology Act, 2000

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[1] https://www.statista.com/topics/2157/internet-usage-in-india/

[2] Shiv Raman, Nidhi Sharma, Cyber Terrorism in India: A Physical Reality or Virtual Myth, 5, 2, (special issue) IJLHR, 133-135, 2019, https://journals.indexcopernicus.com/api/file/viewByFileId/783266.pdf.

THE ROLE OF JUDICIAL ACTIVISM IN ADVANCING HUMAN RIGHTS IN INDIA: A CRITICAL ANALYSIS

AUTHOR – MS. SNEHA HITENDRA SONI, ASSISTANT PROFESSOR AT M.K.E.S. COLLEGE OF LAW. EMAIL ID: SNEHASONI96@GMAIL.COM

BEST CITATION – MS. SNEHA HITENDRA SONI, THE ROLE OF JUDICIAL ACTIVISM IN ADVANCING HUMAN RIGHTS IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 50-55, 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

Judicial activism has significantly influenced the promotion and protection of human rights in India, serving as a crucial mechanism for ensuring justice, equality, and dignity in governance. This paper critically analyzes the evolution, scope, and impact of judicial activism, focusing on its role in addressing societal inequalities, governance gaps, and human rights violations. It examines the origins of judicial activism, its constitutional basis, and its methods, including Public Interest Litigations (PILs) and landmark rulings.

The paper highlights how judicial activism has expanded the interpretation of fundamental rights under Article 21, facilitated access to justice for marginalized groups, and integrated environmental protection into the domain of human rights. However, the paper also addresses the criticisms of judicial activism, including concerns about judicial overreach, delays in justice, and potential misuse of PILs. It compares India’s approach to judicial activism with practices in the United States and South Africa, offering insights for improving balance and accountability in the judiciary. While judicial activism has played a transformative role in advancing human rights, it must strike a balance with judicial restraint to preserve the separation of powers and institutional integrity. Recommendations include clearer guidelines, enhanced accountability mechanisms, and prevention of PIL misuse to ensure judicial activism remains a constructive force in achieving constitutional justice.

Key Words:  Equality,  Fundamental  Rights,  Human Rights,  Judicial Activism,  Justice, Public Interest Litigation (PIL)

SURROGACY LAW IN INDIA: AN OVERVIEW

AUTHOR – VARSHA D. VYAS, RESEARCH SCHOLAR AT LOVELY PROFESSIONAL UNIVERSITY. EMAIL – varsha.vyas@mkescollegeoflaw.ac.in

BEST CITATION – VARSHA D. VYAS, SURROGACY LAW IN INDIA: AN OVERVIEW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 40-42, 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

Surrogacy, the arrangement where a woman agrees to bear a child for another individual or couple, has gained prominence in India over the years. It is a method of assisted reproduction where a woman (the surrogate) carries and delivers a baby for another person or couple (the intended parents). The Surrogacy (Regulation) Act, 2021, lays down the conditions under which surrogacy is permitted and the penalties for violations. The Act was enacted to curb unethical practices and protect the rights of surrogate mothers and the child born through surrogacy. India’s surrogacy laws reflect a cautious approach to balancing ethical considerations, medical advancements, and social norms. While the Surrogacy (Regulation) Act, 2021, has brought much-needed clarity, it leaves room for future amendments to address inclusivity and practical challenges.

Keywords: Surrogacy, The Surrogacy (Regulation) Act, 2021, legal framework, types of surrogacy