Category: Volume 5 and Issue 6 of 2025

THE UNSEEN STRUGGLE: SEX WORKERS’ RIGHTS AND LEGAL CHALLENGES IN INDIA: A CONSTITUTIONAL IMPERATIVE TOWARDS JUSTICE

AUTHOR – AMRENDRA KUMAR, STUDENT AT JHARKHAND RAI UNIVERSITY

BEST CITATION – AMRENDRA KUMAR, THE UNSEEN STRUGGLE: SEX WORKERS’ RIGHTS AND LEGAL CHALLENGES IN INDIA: A CONSTITUTIONAL IMPERATIVE TOWARDS JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 735-743, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In the vibrant yet often contradictory tapestry of Indian society, the lives and rights of sex workers remain largely obscured, entangled in a web of legal ambiguity, societal stigma, and moralistic judgments. The legal framework governing the rights of sex workers in India, with a focus on the Immoral Traffic (Prevention) Act, 1956^[1] (ITPA), and its implications for the dignity, safety, and empowerment of sex workers. Despite the prevalence of sex work in India, sex workers face systemic marginalisation, violence, and exploitation due to the criminalisation of their profession and the lack of a rights-based legal approach. By comparing India’s legal framework with international models, such as with the Netherlands, the study highlights best practices that could inform reforms in India. The findings underscore the urgent need for decriminalization and the adoption of a rights-based approach to sex work, ensuring legal protection, social inclusion, and economic empowerment for sex workers.

Furthermore, it will discuss the perspectives of sex workers’ rights and the potential pathways towards a more just and more equitable and a safer environment for sex workers are created, all whilst keeping the broader goals of societal well-being and prevention of exploitation is prioritized.

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^[1] The Immoral Traffic (Prevention) Act, 1956

INTERNATIONAL PERSPECTIVE RELATED TO WOMEN

AUTHOR – PRIYAVARDHINI.A, ASSISTANT PROFESSOR AT BHARATH INSTITUTE OF LAW

BEST CITATION – PRIYAVARDHINI.A, INTERNATIONAL PERSPECTIVE RELATED TO WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 728-734, APIS – 3920 – 0001 & ISSN – 2583-2344.

The global prevalence of women’s relative backwardness compared to men is a widespread phenomenon. Women have consistently been regarded as unequal and given only a secondary status in societies worldwide. Throughout history, women have been deprived of their rights due to prevailing social and cultural backwardness. Due to a variety of social and cultural restrictions placed by their families and the persistence of conventional societal structures, they have been prevented from taking part in the decision-making processes of their families. Additionally, numerous restrictions have been placed on their involvement in certain social and cultural activities, as well as their ability to leave their homes for specific purposes. Women have not been treated on an equal footing with men; instead, they have been relegated to performing household chores and confined within the confines of their homes.

ANTI-CONVERSION LAWS IN INDIA: A COMPARATIVE STUDY BETWEEN STATES

AUTHOR – URVASHI MALIK* & MR.NIKUNJ YADAV**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – URVASHI MALIK & MR.NIKUNJ YADAV, ANTI-CONVERSION LAWS IN INDIA: A COMPARATIVE STUDY BETWEEN STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 723-727, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Anti-conversion laws in India, officially termed as “Freedom of Religion” laws, seek to regulate religious conversions and prevent conversions through force, fraud, or inducement. While the Indian Constitution guarantees religious freedom under Article 25, states have implemented varying laws that create tensions between religious liberty and state control. This research critically examines and compares the anti-conversion laws of key Indian states—Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Gujarat, Uttarakhand, and Odisha. The study highlights legislative trends, judicial scrutiny, controversies, and implications for fundamental rights.

Keywords: Anti-conversion, religious freedom, Article 25, fraud, inducement, religious liberty, state legislation

“BHARATIYA NYAYA SANHITA ON TRIAL: CAN SECTIONS 103 AND 117 DETER MOB LYNCHING?”

AUTHOR – KRISHNA R, ASSISTANT PROFESSOR AT BHARATH INSTITUTE OF LAW

BEST CITATION – KRISHNA R, “BHARATIYA NYAYA SANHITA ON TRIAL: CAN SECTIONS 103 AND 117 DETER MOB LYNCHING?”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 716-722, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Mob lynching, a brutal form of vigilante justice often fueled by communal hatred, caste prejudice, and misinformation, has emerged as a growing concern in India’s socio-legal landscape. The Bharatiya Nyaya Sanhita (BNS), 2023, in its Sections 103(2) and 117(4), introduces specific provisions addressing group-based acts of murder and grievous hurt motivated by identity markers such as race, caste, religion, sex, or language. These provisions mark a legal evolution from the Indian Penal Code (IPC) by formally recognizing hate-based group violence and assigning collective criminal liability to all participants in such acts.

This article critically examines the effectiveness and limitations of these provisions in tackling the menace of mob lynching. It assesses whether BNS’s framework can serve as a sufficient deterrent, especially in the absence of a standalone anti-lynching law and explores how these provisions align with constitutional principles of equality, justice, and due process. Drawing on case studies, judicial precedents, and comparative international legal frameworks, the analysis highlights key enforcement challenges—such as institutional bias, weak prosecution, and community silence—that may hinder the law’s potential. Ultimately, the article argues that while Sections 103 and 117 represent a step forward, their success in curbing mob violence will depend on interpretation, implementation, and public accountability mechanisms.

KEYWORDS

Bharatiya Nyaya Sanhita (BNS) 2023; Mob lynching; Section 103 BNS; Section 117 BNS; Group liability; Hate crimes; Caste-based violence; Communal violence; Legal deterrence; Collective criminal responsibility; Criminal law reform in India; Grievous hurt; Identity-based violence; Vigilantism; Indian penal reform.

RESEARCH PAPER ON CORPORATE SOCIAL RESPONSIBILITY (CSR) & HUMAN RIGHTS

AUTHOR – PRATHAMESH CHIPKAR, LLM STUDEN AT SHREE L.R.TIWARI COLLEGE OF LAW

BEST CITATION – PRATHAMESH CHIPKAR, RESEARCH PAPER ON CORPORATE SOCIAL RESPONSIBILITY (CSR) & HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 706-715, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Significant improvements to corporate governance have been brought about in India by “Companies Act of 2013”, making “Corporate Social Responsibility (CSR)” essential for certain types of companies. These described qualifying requirements, expenditure commitments, and reporting procedures under the legislative framework of “CSR under Section 135 of Act”.

Additionally, it evaluates how “CSR activities listed in Schedule VII” relate to more general objectives of defending and advancing human rights, including gender equality, healthcare, education, and environmental sustainability. Efficacy of CSR with human rights is critically assessed, and trends in corporate compliance are examined.

Case studies and analysis of CSR reports performs a major role for businesses as key stakeholders in achieving social justice and development in human rights. The results indicate that while legal requirements have promoted businesses’ contributions to social causes, including human rights in fundamental business strategies, it remains work in progress.

THE INFLUENCE OF THE WILDLIFE PROTECTION ACT ON ECO – TOURISM IN INDIA: A CRITICAL STUDY

AUTHOR – ANIRUDH SINGH* & DR VIPIN DAS R V**

* STUDENT AT CHRIST DEEMED TO BE UNIVERSITY, PUNE, LAVASA

** ASSISTANT PROFESSOR AT CHRIST DEEMED TO BE UNIVERSITY, PUNE, LAVASA

BEST CITATION – ANIRUDH SINGH, THE INFLUENCE OF THE WILDLIFE PROTECTION ACT ON ECO – TOURISM IN INDIA: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 699-705, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT–

Many aspects of India’s biodiversity are protected and conserved through the Wildlife Protection Act of 1972. This paper attempts at critically analyzing how the Act has promoted or otherwise affected eco-tourism in India, responsible travel to areas of natural beauty that aims at conserving the environment with regard to enhancing locals’ well-being. Eco-tourism probably has gained a great deal of thrust across India as a destination for travelers to learn about and appreciate unique wildlife and habitats found in the country.

The Wildlife Protection Act also provided for the setting up of protected areas like national parks, wildlife sanctuaries, and conservation reserves which have gradually become the main hot spots of eco-tourism. It enables the visitors to see the beauty and variety of Indian wildlife in their natural setting. Moreover, the Act has acted as an important catalyst in regulating tourism activities at these sites so that they were conducted in an environment-friendly and sustainable manner.

Despite the fact that the Wildlife Protection Act has proved to be positive in regard to increasing eco-tourism in India, there still are related challenges and constraints, such as issues relating to implementation of the Act, human-wildlife conflict, and the involvement of the community in the eco-tourism activities. This paper essentially elucidates the salience of Wildlife Protection Act in promoting eco-tourism in India and possible measures for overcoming the challenges faced in this sector.

“JUDICIAL ACTIVISM AND THE DOCTRINE OF SEPARATION OF POWERS: A CONSTITUTIONAL PERSPECTIVE”

AUTHOR- ANIMESH PANDEY* & MS. MANASVI AGRAWAL**

* STUDENT AT AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

** ASSISTANT PROFESSOR OF AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

BEST CITATION – ANIMESH PANDEY & MS. MANASVI AGRAWAL, “JUDICIAL ACTIVISM AND THE DOCTRINE OF SEPARATION OF POWERS: A CONSTITUTIONAL PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 686-698, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT: –

The doctrine of judicial activism, specifically in relation to the separation of powers, is an important aspect of constitutional law that has developed through the active interaction between the Judiciary, Legislature, and Executive. The paper discusses the balance and tension between judicial activism and the constitutional principle of separation of powers in democratic governments, with specific reference to India. Judicial activism, while necessary in the defense of fundamental rights and remedy for legislative or executive inaction, tends to create apprehensions about judicial overreach and erosion of the autonomy of other branches of government. The paper examines the historical development of the doctrine of separation of powers and how the Judiciary has interpreted and applied this principle in resolving issues of governance, public interest, and constitutional interpretation. Through an analysis of milestone cases, judicial principles, and the effect of judicial intervention on public policy, this research emphasizes the importance of a fine balance between judicial activism and the maintenance of democratic constitutional frameworks. In addition, the paper addresses the changing role of the Judiciary in protecting the Constitution and ensuring that governance is responsive to the people’s needs without compromising the functions of the other constitutional bodies.

KEYWORDS:                                   

Judicial Activism, Separation of Powers, Constitutional Law, Judicial Review, Public Interest Litigation (PIL), Indian Constitution

MISLEADING ADVERTISEMENT AND CONSUMER PROTECTION IN INDIA IN COMPARISON WITH USA AND UK

AUTHOR – GURDEV KAUR, STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND

BEST CITATION – GURDEV KAUR, MISLEADING ADVERTISEMENT AND CONSUMER PROTECTION IN INDIA IN COMPARISON WITH USA AND UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 677-685, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Misleading advertising poses serious danger to market equity, consumer rights, and the overall integrity of business. This article reports on the phenomenon of deceptive advertising, examines its most prevalent forms such as false presentation, exaggeration of benefits, and hidden charges. It cites the harmful implications on consumers such as financial loss, erosion of trust, and impaired choices. The controversy is extended to global consumer protection law and the role of such regulatory bodies as the Federal Trade Commission (FTC), Advertising Standards Authority (ASA), and India’s Central Consumer Protection Authority (CCPA) in limiting such practices. Further, it outlines available remedies under the law, penalties to be imposed upon offenders, and recent enforcement proceedings. Despite such safeguards, enforcement issues—most notably in the digital advertising platform and cross-border contexts—remains a lingering concern. The article emphasizes the imperative need for consumer education and online literacy as ancillary tools in identifying and countering misleading advertisements. Finally, it advocates more stringent regulations, ethical advertising, and engaged consumer involvement to make the advertising space transparent and credible.

Keywords: Misleading Advertisement, Consumer Protection, FTC, ASA, CCPA, Consumer Protection Act 2019, Consumer Rights

SUSTAINABLE DEVELOPMENT GOALS AND MODERN CRIMES

AUTHORS – P.GOKULAPRIYA* & M. NIRMALA**

* GUEST FACULTY AT GOVERNMENT LAW COLLEGE, SALEM

** ASSISTANT PROFESSOR AT GOVERNMENT LAW COLLEGE, TRICHY

BEST CITATION – P.GOKULAPRIYA & M. NIRMALA, SUSTAINABLE DEVELOPMENT GOALS AND MODERN CRIMES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 670-676, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

              In 2015, the United Nations recognized the Sustainable Development Goals (SDGs) as a globally accepted framework for tackling critical social, environmental, and economic challenges. However, the growth of modern crimes like cybercrime, human trafficking, fraud, and environmental offenses presents major obstacles to achieving these goals.

               Modern crimes threaten the SDGs in various ways. For instance, cybercrime weakens institutions (SDG 16: Peace, Justice, and Strong Institutions) and disrupts economic stability (SDG 8: Decent Work and Economic Growth). Human trafficking exploits vulnerable groups, violating basic human rights (SDGs 5: Gender Equality, SDG 8, and SDG 16). Corruption erodes public trust and hampers efforts to eliminate poverty (SDG 1: No Poverty) and reduce inequality (SDG 10). Environmental crimes, such as illegal deforestation and pollution, directly affect SDGs 13 (Climate Action), 14 (Life Below Water), and 15 (Life on Land).

               To address these threats, governments, businesses, and civil society must collaborate to enforce laws, enhance cybersecurity, promote transparency, and advance education. International cooperation is essential to combat transnational crimes and ensure justice. Integrating crime prevention strategies into the SDG framework is vital for achieving a sustainable and secure future.

               By addressing modern crimes through sustainable policies and effective law enforcement, societies can ensure progress towards the SDGs while fostering peace, prosperity, and environmental preservation.

KEY WORDS:   United Nations, Sustainable Development Goals, Millennium Development Goals, Contemporary Crimes, Cybercrime, Human Trafficking, and Environmental Offenses.

RIGHTS OF OLDER CITIZENS IN INDIA: A SOCIO-LEGAL STUDY

AUTHOR: – JYOTIKA* & KHALEEQ AHMAD**

* STUDENT AT B.A.LL.B. (H), LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – JYOTIKAMAHAWAR99@GMAIL.COM

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – KHALEEQAHMAD@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION – JYOTIKA & KHALEEQ AHMAD, RIGHTS OF OLDER CITIZENS IN INDIA: A SOCIO-LEGAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 660-669, APIS – 3920 – 0001 & ISSN – 2583-2344.,

Abstract

“An investigation into the socio-legal framework that governs the rights of senior persons in India is the focus of this study. There are considerable hurdles that India must overcome in order to ensure the well-being of its senior citizens, since the country’s population is rapidly ageing and is expected to reach 319 million old by the year 2050. Through the course of this research, constitutional provisions, legislative frameworks, policy efforts, and judicial interventions that are intended to safeguard the rights of the elderly are analysed. In addition, it investigates the sociocultural background of ageing in India, including the deterioration of conventional family support networks and the emergence of vulnerabilities. This report suggests comprehensive changes to increase the protection of aged rights in India. These reforms are proposed through critical examination of implementation gaps and comparative comparison with international norms. According to the results, India has developed a progressive legislative framework; nevertheless, there are still substantial problems in effectively implementing this framework. In order to build a society that is more age-inclusive, it is necessary to coordinate efforts across the governmental, social, and family domains.”

Keywords: Elderly rights, Senior citizens, Aging in India, Constitutional provisions, Maintenance and Welfare of Parents and Senior Citizens Act, Elder abuse, Age discrimination