Category: Volume 5 and Issue 5 of 2025

HUMAN TRAFFICKING: A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK AND CHALLENGES IN INDIA

AUTHOR – AMAN VISHWAKARMA* & DR. MUDRA SINGH**

* STUDENT AT  LL.M (CRIMINAL LAW) AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – AMAN VISHWAKARMA & DR. MUDRA SINGH, HUMAN TRAFFICKING: A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK AND CHALLENGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 685-695, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human trafficking is one of the gravest human rights violations in the modern world, often referred to as a form of modern-day slavery. It involves the illegal trade and exploitation of people for purposes such as sexual exploitation, forced labor, organ trafficking, child begging, and domestic servitude. Affecting millions globally, it cuts across geographic and socio-economic boundaries, particularly targeting women, children, and marginalized groups.

Despite global and national legal frameworks, including the Palermo Protocol and various Indian legislations like the Immoral Traffic (Prevention) Act, 1956 and IPC Section 370, trafficking continues to thrive. The problem in India is both internal and cross-border, exacerbated by poverty, illiteracy, unemployment, gender-based discrimination, and weak law enforcement.

This paper critically analyzes the root causes, patterns, and impacts of human trafficking, with a specific focus on India. It highlights gaps in the current legal and institutional response and emphasizes the need for better enforcement, victim rehabilitation, and international cooperation. The study concludes by advocating for a victim-centric and multi-pronged approach that integrates legal, social, and policy reforms to combat human trafficking effectively.

Keywords – Human Trafficking, Modern Slavery, Forced Labour, Sexual Exploitation, Child Trafficking, Organ Trade, Indian Penal Code, Palermo Protocol, Rehabilitation, Victim Rights, Gender-based Violence, Cross-border Crime, Anti-trafficking Law, Law Enforcement, Human Rights Violation, Socio-economic Disparity.

AUTHOR – AMAN GUPTA* & DR MUDRA SINGH**

* LLM (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW

BEST CITATION – AMAN GUPTA & DR MUDRA SINGH, MISCARRIAGE IN CUSTODY: STATE LIABILITY FOR NEGLIGENCE AND ABUSE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 572-577, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The issue of miscarriages of justice in custodial settings represents a grave violation of individual rights and an area of ongoing concern within legal systems globally. This paper examines the state’s liability for negligence and abuse in custodial settings, with a particular focus on India. Custodial negligence and abuse, whether perpetrated by state officials or arising from systemic failures, have resulted in numerous human rights violations. This paper seeks to address the scope of state responsibility in such cases and examines whether existing legal frameworks are effective in protecting detainees’ rights and holding the state accountable for breaches of duty. By analyzing landmark judgments, statutory provisions, and international law, the study explores how the state should be held liable for harm inflicted on detainees in custody. The research further considers the gaps in legal and institutional mechanisms that fail to prevent such abuses, proposing reforms aimed at enhancing detainee protections. The paper highlights key Indian judgments that reflect the legal landscape surrounding custodial abuse and negligence in India and globally. Ultimately, the aim is to contribute to a deeper understanding of the state’s role in safeguarding the rights of individuals deprived of liberty and the remedies available to victims of custodial abuse.

Keywords: Miscarriage of justice, Custodial negligence, State liability, Abuse in custody, Indian judicial precedents, Legal reforms, Detainee rights, Human rights law, India, Judicial accountability.

“THE ROLE OF FORENSIC SCIENCE IN CRIMINAL JUSTICE SYSTEM OF INDIA: A CRITICAL ANALYSIS”

AUTHOR – VIDIT RASTOGI* & DR. PRASHANT KUMAR VARUN**

* LL.M (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – VIDIT RASTOGI & DR. PRASHANT KUMAR VARUN, THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S. INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 559-570, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Forensic science has emerged as a pivotal element in the effective functioning of the criminal justice system in India. Its application provides objectivity, accuracy, and scientific rigor to the investigation and adjudication of criminal offences. This research paper offers a critical examination of the role and impact of forensic science in India’s legal framework, focusing on its contribution to evidence collection, preservation, and analysis. It delves into the legal admissibility of forensic evidence, the infrastructural and procedural limitations within forensic institutions, and the gaps in coordination between forensic experts and law enforcement agencies. The paper further evaluates significant judicial pronouncements that have shaped the jurisprudence on forensic applications and highlights comparative practices from other jurisdictions to draw lessons for reform. Emphasizing the need for legislative modernization, capacity building, and institutional standardization, this study advocates for the systematic integration of forensic methodologies to enhance the credibility, efficiency, and fairness of the Indian criminal justice system.

Keywords – Forensic science, criminal justice system, India, evidence analysis, scientific investigation, expert testimony, legal framework, judicial decisions, forensic infrastructure, criminal adjudication, comparative analysis, law enforcement, forensic reform.

THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S.

AUTHOR – DIMPY MITTAL, PG STUDENT AT JAMNA LAL BAJAJ SCHOOL OF LEGAL STUDIES, BANASTHALI VIDYAPITH
BEST CITATION – DIMPY MITTAL, THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S. INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 549-558, APIS – 3920 – 0001 & ISSN – 2583-2344
 
THE CONSTITUTIONAL FRAMEWORK
FEDERALISM IN INDIA
India has a constitutional framework of federalism that contains the features of both the federal and unitary systems. India is a diversified country which needs unity; therefore, the Indian Constitution describes the country as a “Union of States” in Article 1^[1]. This signifies that states cannot secede from the union. Under this, the Seventh Schedule enumerates powers for the federal and state governments by having three lists i.e., the Union List, which, for example includes defence or foreign affairs, the State List, which features police or public health on it, and the third category is the Concurrent List, containing marriage as well as criminal law items. The Union government has enormous powers, especially on matters under the Union List, and the residual powers are also with the Union. Article 245^[2] makes state laws subject to override by central laws on matters that fall under the Concurrent List in case of dispute. The Supreme Court, as an arbitration body, correctly balances the power of the Union and state governments.
The federalism of India retains strong features of unitary characteristics, such as the emergency provisions enacted by Articles 352 and 356. Such provisions constitute the central government’s authority to exert itself further in cases when it is required. This juxtaposition of features-or federalism and unitary characteristics-presents an important model of cooperative federalism wherein diversity at the state levels does not seem to disrupt national unity.


[1]Article 1: Name and territory of the Union
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise-
a. The territories of the States;
b. the Union territories specified in the First Schedule; and
c. such other territories as may be acquired.
[2] 245. Extent of laws made by Parliament and by the Legislatures of States
(1)Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
(2)No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

“CORPORATE FRAUD WITH SPECIAL REFERENCE TO DEVAS-ANTRIX SAGA: A CRITICAL ANALYSIS”

AUTHOR – ASHUTOSH  RATHORE* & DR. JYOTSNA SINGH**

* LL.M (BUSINESS LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR  AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ASHUTOSH  RATHORE* & DR. JYOTSNA SINGH, “CORPORATE FRAUD WITH SPECIAL REFERENCE TO DEVAS-ANTRIX SAGA: A CRITICAL ANALYSIS” INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 538-548, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Corporate frauds have far-reaching implications that go beyond financial losses, shaking the very foundations of governance, accountability, and public trust in institutions. Among the notable corporate controversies in India, the Devas-Antrix agreement stands out as a significant case involving high-level decision-making, regulatory loopholes, and international ramifications. This case is particularly important due to the involvement of a government-owned enterprise—Antrix Corporation, the commercial arm of ISRO—and its agreement with Devas Multimedia Private Limited, a company backed by foreign investors.

The deal, which involved the leasing of rare and strategically sensitive S-band satellite spectrum, was later annulled by the Government of India citing national interest. However, investigations revealed substantial procedural irregularities, undervaluation of public resources, and elements of deception—indicating that the agreement was entered into with fraudulent intent.

This paper aims to provide a critical and multi-dimensional analysis of the Devas-Antrix episode through legal, ethical, economic, and regulatory perspectives. It delves into how the fraudulent aspects of the deal came to light, evaluates the roles played by various domestic agencies such as the CBI, ED, NCLT, and judiciary, and examines the international arbitration proceedings initiated by Devas investors under bilateral investment treaties (BITs).

The study also uncovers institutional shortcomings in the governance of public sector undertakings and the challenges India faces in balancing foreign investor obligations with sovereign decision-making. It highlights how judicial interpretation, legislative inaction, and lack of oversight created fertile ground for corporate abuse, and proposes comprehensive regulatory reforms aimed at preventing such occurrences in the future.

Keywords: Corporate Fraud, Devas-Antrix Deal, ISRO, Antrix Corporation, Governance Failures, Public Sector Accountability, International Arbitration, Bilateral Investment Treaties (BIT), Supreme Court of India, CBI, Economic Offences.

EVOLVING JURISPRUDENCE ON DATA PROTECTION: A JUDICIAL PERSPECTIVE

AUTHOR – TAVISHEE DUBEY* & DR ARVIND P. BHANU**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

**FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

BEST CITATION – TAVISHEE DUBEY & DR ARVIND P. BHANU, EVOLVING JURISPRUDENCE ON DATA PROTECTION: A JUDICIAL PERSPECTIVE INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 524-537, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In the wake of increasing digitization and the proliferation of personal data collection by both state and private actors, the legal discourse surrounding data protection in India has witnessed significant evolution. This paper examines the judicial approach to data protection, with a particular focus on the role of the Indian judiciary in interpreting the right to privacy under Article 21 of the Constitution and shaping the trajectory of data protection laws, culminating in the enactment of the Digital Personal Data Protection (DPDP) Act, 2023. It critically analyzes landmark judgments, including Justice K.S. Puttaswamy v. Union of India, which recognized privacy as a fundamental right, and how this recognition laid the groundwork for legislative and regulatory frameworks for personal data protection.

The study explores the historical development of privacy jurisprudence in India, the inadequacies of the Information Technology Act, 2000, and the transition toward a comprehensive statutory regime under the DPDP Act. It further evaluates the key provisions of the Act, the establishment of the Data Protection Authority, and potential constitutional conflicts arising from state surveillance, data localization, and national security exceptions. Through a doctrinal and analytical lens, the paper also compares India’s data protection landscape with international frameworks such as the EU’s GDPR and OECD guidelines.

Ultimately, the paper argues that the success and legitimacy of the DPDP Act will hinge on its judicial interpretation—particularly how courts balance privacy rights with competing interests of the state and commercial stakeholders. The judiciary’s continued vigilance in enforcing privacy norms, scrutinizing exemptions, and safeguarding constitutional values will be vital to ensuring a rights-based approach to data protection in India’s digital future.

LEGAL FRAMEWORK AND HISTORICAL EVOLUTION OF VICTIM COMPENSATION

AUTHOR – AAKASH YADAV, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES AMITY UNIVERSITY NOIDA

BEST CITATION – AAKASH YADAV, LEGAL FRAMEWORK AND HISTORICAL EVOLUTION OF VICTIM COMPENSATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 502-512, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This research article explores the historical and legal evolution of the Victim Compensation Scheme (VCS) in India. It traces the development of victim rights and restorative justice principles from early legislative efforts to more recent and comprehensive reforms such as the Criminal Law (Amendment) Act, 2013, and the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. Central to this transformation is the role of the National Legal Services Authority (NALSA) in institutionalizing support for victims, especially those impacted by violent crimes, trafficking, and domestic abuse. Through a review of landmark judicial rulings, the paper highlights the judiciary’s pivotal role in expanding and enforcing victim compensation as a legal right. Despite significant progress, challenges remain in the form of inconsistent implementation, administrative inefficiencies, and lack of awareness among the public. The article concludes by emphasizing the need for judicial activism, administrative reforms, and increased public engagement to ensure equitable and timely compensation for crime victims.

Key Words: Victim Compensation, Restorative Justice, NALSA, Criminal Law (Amendment) Act, 2013, Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023

CONSUMER PERCEPTION AND PSYCHOLOGICAL INFLUENCE OF CELEBRITY TRADEMARKS

AUTHOR – MOHIT ASHOK KHIANI, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY, GANDHINAGAR

BEST CITATION – MOHIT ASHOK KHIANI, CONSUMER PERCEPTION AND PSYCHOLOGICAL INFLUENCE OF CELEBRITY TRADEMARKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 513-523, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper analyses the substantial effects which celebrity trademarks have on consumer views and psychological behavioural patterns. Traditional marketing uses celebrity endorsements as a major promotional tool by employing popular public figures to alter consumer tastes and conduct based on their desirable traits. The research shows celebrity effects on consumer trust as well as brand credibility and buying decisions to show effective brand recognition through endorsement programs. The study examines consumer psychological factors that build trust toward products endorsed by celebrities while emphasizing three main credibility elements of expertise and trustworthiness and attractiveness. The study shows how emotional connections formed by consumers toward their chosen celebrity endorser result in higher brand faithfulness and consumer brand connection. This paper uses psychological models to demonstrate how consumers apply the favourable personality traits of famous celebrities onto the products they promote through academic theories such as Source Credibility Theory and the Halo Effect. The paper uses case studies of Virat Kohli alongside Amitabh Bachchan and Shahrukh Khan along with additional celebrity figures to study how their goodwill directly influences product credibility together with brand success. The strategy carries threats because negative public relations together with scandalous incidents may cause severe erosion to the brand’s reputation. Research data demonstrates that consumers between 18 and 30 years show increased trust in products endorsed by celebrities together with higher repetition rates of purchase in those products. This proves consumer loyalty builds through celebrity endorsements. The case research provides valuable insights concerning trademark lawsuits and brand protection problems which famous people encounter during their entrepreneurial pursuits. Consumer loyalty together with increased brand value derives from celebrity trademarks that powerfully affect purchasing behaviour across multiple markets.

THE ROLE OF SUPREME COURT IN SHAPING THE CAPITAL PUNISHMENT JURISPRUDENCE IN INDIA

AUTHOR – HARIOM JAISWAL* & DR. TARU MISHRA**

* LL.M (CRIMINAL.LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – HARIOM JAISWAL & DR. TARU MISHRA, THE ROLE OF SUPREME COURT IN SHAPING THE CAPITAL PUNISHMENT JURISPRUDENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 492-501, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The administration of capital punishment remains a contentious issue within the Indian criminal justice system, often invoking strong arguments on both legal and ethical grounds. The Supreme Court of India, as the final interpreter of the Constitution and the protector of fundamental rights, has played an instrumental role in shaping and refining the legal framework governing the death penalty. This research paper aims to critically examine the judicial trends, constitutional interpretation, and jurisprudential shifts brought about by the Supreme Court in the context of capital punishment.

Through an in-depth analysis of landmark judgments such as Bachan Singh v. State of Punjab, Machhi Singh v. State of Punjab, and Shatrughan Chauhan v. Union of India, the paper traces the development of the “rarest of rare” doctrine and explores how it has been used as a judicial standard to limit the arbitrary imposition of death sentences. The study also highlights the Court’s efforts in evolving procedural safeguards, including the right to legal aid, timely disposal of mercy petitions, and protection against prolonged incarceration under the shadow of death.

Furthermore, the paper evaluates the broader human rights implications and considers whether the current jurisprudence aligns with international legal standards and the reformative goals of criminal law. It seeks to assess whether the Court’s approach has sufficiently addressed the socio-economic and systemic disparities that influence capital sentencing in India. The research ultimately reflects on the need for judicial consistency, legislative clarity, and a potential re-evaluation of the death penalty’s role in a modern constitutional democracy.

Keywords – Capital punishment, Supreme Court of India, rarest of rare doctrine, constitutional safeguards, death penalty jurisprudence, criminal justice, human rights, judicial discretion, fundamental rights, legal reform.

HISTORICAL  ANALYSIS OF THE CONCEPT OF SENTENCING IN INDIA

AUTHOR – MR. RISHABH MANAWAT* & MR. MOHIT MATHUR**

* STUDENT, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

** ASSISTANT PROFESSOR, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

BEST CITATION – MR. RISHABH MANAWAT & MR. MOHIT MATHUR, HISTORICAL  ANALYSIS OF THE CONCEPT OF SENTENCING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 483-491, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

Sentencing is a developing area in the criminal justice system of India which has helped to maintain an equilibrium in rehabilitation, reforming, and deterrence. It is the representation of the judicial framework of the justice system of our country. Sentencing also represents the societal values and its perception of the people of the justice system of our country. It is largely guided and regulated by the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973. They are the guiding pillars for determining the punishments for a variety of offenses, but these laws are applied and interpreted under the judiciary’s interpretation. India’s judiciary has played an important role in the evolution of the sentencing practice and policy in India creating a balance between different ideas of punishment and preserving the societal values. Indian judicial system follows the principle of proportionality in sentencing, which states that punishment should be in proportion to the seriousness of the crime. This principle has been highlighted in a variety of judgements by the Supreme Court of India. In Bachan Singh v. State of Punjab ¹, the ‘rarest of rare’ was established which puts a restriction on imposing death penalty in the circumstances only when there is no other alternative available, even life imprisonment is not an option. This is the doctrine that that regulates the capital punishment in India where preservation of life is an important aspect. Other forms of harsh punishments like imprisonment for life have also been highly scrutinized by the judiciary in the case of Gopal Vinayak Godse v. State of Maharashtra ², where the Apex Court gave a detailed clarification on the meaning of life which means remainder of the natural life of the convict. India lacks a uniform and consistent sentencing policy which has led to variable sentences. The Supreme Court has often highlighted the need for a sentencing policy for uniformity in the sentencing process. In State of Punjab v. Prem Sagar³, the Supreme Court emphasized the need for a uniform sentencing policy to overcome the variability in sentencing in India.