Category: Volume 5 and Issue 6 of 2025

  • ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK

    ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK

    AUTHOR – ABISHIEKE R* & DR. ANUMEHA SAHAI**

    * STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

    ** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

    BEST CITATION – ABISHIEKE R & DR. ANUMEHA SAHAI, ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 845-852, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    India’s criminal justice system adopts forensic science to support fairness and accuracy. This paper examines the evolving framework and ethical complexities that shape forensic evidence in India. It reviews statutes such as the Evidence Act, detailing expert-opinion provisions, and reforms under the Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik Suraksha Sanhita, and procedures in the Criminal Procedure Code and IT Act that govern the collection and admissibility of scientific and digital evidence. Ethical considerations arise around privacy gaps, sensitive DNA data protection, potential bias from contextual influences, encryption challenges, and cross-border data access in digital forensics. The study highlights infrastructural constraints, laboratory backlogs, shortages of experts, and uneven standards and proposes solutions through enhanced education, NABL accreditation, and the roles of the National Forensic Sciences University and the Directorate of Forensic Science Services. Through analysis of landmark judgments, this research outlines judicial caution and the gradual calibration of evidentiary thresholds. It also explores emerging frontiers like AI-driven analysis, rapid DNA profiling, and advanced biometrics and their ethical ramifications. The paper concludes by endorsing dedicated data-protection legislation for forensic information, an independent regulatory body to enforce uniform protocols, expanded expertise via specialized programs, and targeted public outreach to promote confidence. These measures can develop a strong, ethical, and technology-ready forensic framework that commands trust and delivers justice in India.

    Keywords: Forensic Science, Criminal Justice System, Ethical Complexities, Digital Evidence, Data Protection Legislation

  • “MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”

    “MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”

    AUTHOR – AKASH KUMAR ARYA* & DR. VIKRAM KARUNA**

    * POST-GRADUATION RESEARCH SCHOLAR AT GAUTAM BUDDHA UNIVERSITY

    ** ASSISTANT PROFESSOR AT GAUTAM BUDDHA UNIVERSITY

    BEST CITATION – AKASH KUMAR ARYA & DR. VIKRAM KARUNA, “MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 832-844, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    The profession of manual scavenging has existed since the dawn of human civilisation. In addition to being barbaric, the inhumane practice of manually removing night soil—which entails removing human waste from dry toilets using bare hands, brooms, or metal scrappers—and transporting waste and baskets to disposal sites is arguably the worst violation of human rights. Numerous laws were passed in order to guarantee an equitable and casteless society, but the scavenging communities’ living conditions have remained appalling. Ironically, the Indian government only passed legislation specifically prohibiting the cruel and degrading practice of manual scavenging in 1993 and 2013, after decades of independence. This essay discusses the origins of manual scavenging and any comparable activities that may exist worldwide. This paper’s analysis of the statutory framework is another component.

    administrative plans, court rulings, and remedial actions (problems and worries). In summary, this paper aims to critically analyse the proper regime of manual scavengers in light of the state’s failure to protect the scavenging community’s rights and the role of state instruments as violators. Furthermore, this paper will propose corrective actions and forward-thinking measures to integrate the scavenger community into our nation and significantly contribute to its development.

    Linking MNREGA and other social security schemes with the Scavenging Act of 2013 Effective coordination among public and private authorities Community initiatives Responsibility of railways Sanitation programmes and awareness National level monitoring system and social audit Role of local authorities Legislative and executive will.

  • DIGITAL ECONOMY AND TAXATION

    DIGITAL ECONOMY AND TAXATION

    AUTHOR – YATIN BANSAL, STUDENT AT AMITY LAW SCHOOL

    BEST CITATION – YATIN BANSAL, DIGITAL ECONOMY AND TAXATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 824-831, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The rapid expansion of the digital economy has fundamentally altered global commerce, challenging traditional taxation frameworks that rely on physical presence and source-based taxation. Digital businesses, including multinational technology firms, operate across multiple jurisdictions without a significant physical footprint, making it difficult for tax authorities to allocate taxing rights effectively[1]. As a result, international tax laws have struggled to adapt to new business models, leading to concerns over tax avoidance, base erosion, and profit shifting (BEPS). In response, global institutions such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations (UN) have introduced various initiatives, including the OECD’s two-pillar solution, to address the challenges of taxing the digital economy[2].

    The OECD’s two-pillar approach aims to establish new profit allocation rules and a global minimum tax rate, ensuring a more equitable distribution of tax revenues among jurisdictions. However, the implementation of digital services taxes (DSTs) by individual nations has sparked tensions, particularly between developed and developing economies, due to concerns over trade retaliation and compliance burdens[3]. Developing countries argue that current global tax reforms disproportionately benefit wealthier nations, limiting their ability to tax digital transactions effectively. As the digital economy continues to evolve, achieving a consensus on international taxation remains a complex yet critical task for ensuring tax fairness and economic stability[4].


    [1] OECD “Addressing the Tax Challenges Arising from the Digitalisation of the Economy”, 2021

    [2] United Nations “Taxation of the Digital Economy: Options for Developing Countries”, 2022

    [3] IMF “Corporate Taxation in the Global Digital Economy”, 2020

    [4] European Commission “Digital Taxation in the EU: Policy Proposals and Challenges”, 2021.

  • TECHNOLOGY AND HUMAN RIGHTS

    TECHNOLOGY AND HUMAN RIGHTS

    AUTHOR – SIVARAMAKRISHNAN K, STUDENT AT MANIPAL UNIVERSITY

    BEST CITATION – SIVARAMAKRISHNAN K, TECHNOLOGY AND HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 821-823, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The advancement of technology fulfils human desires that go beyond basic needs, serving as a significant aid to humanity. Innovations in technology have alleviated the burden of labour and have gained widespread acceptance. Throughout this evolution, social democracy has emerged as the most favourable outcome of both the Industrial Revolution and the technological revolution of artificial intelligence. The various uses of technology raise important questions about justice, particularly concerning the value, dignity, and rights of human beings. For instance, if Sophia, an artificial intelligence robot, is granted citizenship in Saudi Arabia that is equal to that of a real human, it challenges traditional concepts of work. The efficiency and accuracy of human labour are increasingly tested by artificial machines, leading to disputes over accountability in workplaces that blend human and machine efforts.

    Keywords: Artificial intelligence, Jurisprudence, Accountability, Human rights.

  • INDIA’S EVOLVING ROLE IN GLOBAL GOVERNANCE AND THE SHAPING OF INTERNATIONAL LAW

    INDIA’S EVOLVING ROLE IN GLOBAL GOVERNANCE AND THE SHAPING OF INTERNATIONAL LAW

    AUTHOR – AARNAV SINGH CHUGH, STUDENT AT AMITY LAW SCHOOL, NOIDA, UP, INDIA

    BEST CITATION – AARNAV SINGH CHUGH, INDIA’S EVOLVING ROLE IN GLOBAL GOVERNANCE AND THE SHAPING OF INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 805-820, APIS – 3920 – 0001 & ISSN – 2583-2344.

    INTRODUCTION

    Background on Glb. Governance and Int. Law

    Glb. governance refers to the intricate and evolving network of formal and informal rules, norms, institutions, and actors that collectively manage complex transboundary issues in the absence of a centralized Glb. authority or world government. It embodies a diverse and dynamic process, encompassing the activities not only of Int. organizations (IOs) like the UN., the World Trade Organization (WTO), the World Health Organization (WHO), and the Int. Monetary Fund (IMF), but also a broad range of other stakeholders. These include sovereign states, non-governmental organizations (NGOs), multinational corporations, regional bodies, advocacy networks, and various other non-state actors that collaborate, negotiate, compete, and coordinate to address shared Glb. challenges[1].


    [1] Cht. of the UN.s and Statute of the Int. Court of Justice, available at https://www.un.org/en/about-us/un-charter, (Last visited, 10th Jan 2025)

  • AN ANALYSE ON SCAMS IN ONLINE GAMES

    AN ANALYSE ON SCAMS IN ONLINE GAMES

    AUTHOR – VARSHA.R, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE

    BEST CITATION – VARSHA.R, AN ANALYSE ON SCAMS IN ONLINE GAMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 798-804, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

                 The growth of online gaming has made immense enjoyment to millions, but it has also paved the way for scams and deceptive practices. Scammers frequently manipulate players by exploiting vulnerabilities and player behavior by taking personal information in online gaming platforms. The impact of these scams is significant on causing financial loss, hacking personal data, lead to depression and other mental health problems.

    It further explores psychological and social factors influencing susceptibility, such as trust, social engineering tactics, and demographic characteristics. The study also evaluates the effectiveness of existing security measures and reporting mechanisms within popular gaming platforms. Findings highlight a pressing need for improved digital literacy, proactive moderation, and user-centered security design. The paper concludes with practical recommendations for game developers, educators, and policymakers aimed at reducing scam-related risks and fostering safer online gaming communities. This paper examines the different types of scams in online games, how scammers operate, and the harm they cause to both players and the gaming community.

    KEY WORDS: Online Gaming, Scams, Fraud, Social Engineering, Phishing, Account Hijacking, In-game Trades, Fake Giveaways, Pay-to-win Scams, Cyber security, Gaming Economy, Digital Assets, Player Safety, Regulatory Interventions.

  • A STUDY ON AYUSHMAN BHARAT YOJANA- A STEP TOWARDS UNIVERSAL HEALTH COVERAGE

    A STUDY ON AYUSHMAN BHARAT YOJANA- A STEP TOWARDS UNIVERSAL HEALTH COVERAGE

    AUTHOR – NAMRATHA JAIN B, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, SAVEETHA UNIVERSITY, CHENNAI

    BEST CITATION – NAMRATHA JAIN B, A STUDY ON AYUSHMAN BHARAT YOJANA- A STEP TOWARDS UNIVERSAL HEALTH COVERAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 781-797, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Success in Ayushman bharat yojana will lead to protection of right to health of each and every citizen of our country. But this is only by proper implementation of policies and public awareness. The main objective of this research is to study the public awareness of Ayushman Bharat yojana . The research has followed a descriptive research method using a convenient sampling method. This sample size is 201 . The results observed from the study is that most of them are aware of this scheme and agree that the government is taking various steps to fulfill the objective and there is a positive impact of this scheme in urban and rural areas.

    Keywords: Health,Economically weaker sections,Dept traps , Infrastructure ,Financial resources

  • LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES

    LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES

    AUTHOR – TAKSH MAKHEJA, STUDENT AT FINAL YEAR LAW STUDENT, AMITY UNIVERSITY NODIA, UTTAR PRADESH, INDIA

    BEST CITATION – TAKSH MAKHEJA, LGBTQ+ COMMUNITY’S RIGHTS TO ADOPTION- ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 772-780, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The rights of the LGBTQ+ community regarding adoption are a pressing issue around the globe, especially in countries like India that have an ongoing construing of societal norms and laws against the heteronormative backdrop. This paper will analyze the various hurdles confronted by the members and couples of the LGBTQ+ community in their endeavor for adoption rights concerning legal, social, and cultural discourses. It explores existing laws, for example, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Hindu Adoption and Maintenance Act, 1956, etc., and points out the gaps in inclusivity. This research paper brazenly addresses the societal stigma and prejudices compounded by legal barriers while applying intersectional perspectives on LGBTQ+ identity and parenthood in a conservative socio-cultural architecture. It draws comparisons with more progressive concepts from other countries and recently observed comments from judicial decisions, with the intent of illustrating an urgent necessity for legal overhaul and shifts in policy. Ultimately, it argues for an inclusive definition of family sufficient to protect the rights of LGBTQ+ people to pursue family formation while ensuring the best interests of children. This paper thus intends to add to the discussions surrounding equality, human rights, and family law.

    KEYWORDS- LGBTQ , Adoption, Rights, Law

  • EVOLUTION OF INDIAN CORPORATE GOVERNANCE WITH SPECIAL REFERENCE TO FINANCIAL AND REAL ESTATE SECTOR

    EVOLUTION OF INDIAN CORPORATE GOVERNANCE WITH SPECIAL REFERENCE TO FINANCIAL AND REAL ESTATE SECTOR

    AUTHOR –DILRAJ SINGH, STUDENT AT AMITY UNIVERSITY NOIDA, UTTAR PRADESH

    BEST CITATION – DILRAJ SINGH, EVOLUTION OF INDIAN CORPORATE GOVERNANCE WITH SPECIAL REFERENCE TO FINANCIAL AND REAL ESTATE SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 761-771, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    This research paper explores India’s corporate governance framework, focusing on the financial and real estate sectors. It highlights the influence of legislative reforms, regulatory bodies, and sector-specific guidelines. The financial sector has seen improvements in transparency, risk management, and stakeholder protection, while the real estate sector has seen regulatory overhauls. The paper also discusses challenges like regulatory arbitrage and enforcement gaps. It proposes strategic recommendations for strengthening governance frameworks.

    the evolution of corporate governance was on of the most dynamic and landmarked journey which was divided in many phases and has outlined the present nation’s corporate governance this  paper will outline the development of corporate governance practices with specific  emphasis on real estate and financial sector in India this research also examines the historic development of the concept and urge of the development of concept with coming changes with Indian  dynamic development corporates.

    Key words – Corporate governance, evolution,

  • CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA: MERITS AND DEMERITS

    CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA: MERITS AND DEMERITS

    AUTHOR – TANIYA BAUNTHIYAL* & MR NIKUNJ SINGH YADAV**

    * STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

    ** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

    BEST CITATION – TANIYA BAUNTHIYAL & MR NIKUNJ SINGH YADAV, CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA: MERITS AND DEMERITS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 751-760, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    “In this research study, a critical analysis of the freedom of speech and expression in India is presented, with a focus on the constitutional underpinnings, historical development, and contemporary issues that have been encountered.  The purpose of this study is to investigate the benefits that comprehensive free speech rights have in terms of promoting democracy, facilitating social reform, and safeguarding individual autonomy.  In addition to this, it analyses the drawbacks and difficulties, such as conflicts with cultural sensitivities, worries about national security, and the contemporary complications brought about by digital communication and social media.  This paper gives insights into creating a balanced strategy that preserves democratic norms while accepting India’s unique socio-cultural setting. These insights are achieved via rigorous research of key judicial judgements and comparative perspectives with other democratic nations.  Following the conclusion of the investigation, recommendations are made for enhancing speech liberties while still retaining required safeguards within a democratic framework that is always evolving.”

    Key words: Speech and Expression, freedom of speech, constitution, Article 19