Category: Volume 5 and Issue 6 of 2025

BATTERED WOMEN SYNDROME IN INDIAN LEGAL CONTEXT: A LEGAL ANALYSIS

AUTHOR: – ISHITA CHAUHAN* & KHALEEQ AHMAD**

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

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

BEST CITATION – ISHITA CHAUHAN & KHALEEQ AHMAD, BATTERED WOMEN SYNDROME IN INDIAN LEGAL CONTEXT: A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 651-659, APIS – 3920 – 0001 & ISSN – 2583-2344.,

Abstract

“The purpose of this research study is to investigate the legal recognition and application of Battered Women Syndrome (BWS) within the Indian court system. The idea of battered woman syndrome (BWS) is still not sufficiently recognised in Indian law, despite the fact that there have been considerable developments in the fight against domestic abuse through legislation such as the Protection of Women from Domestic abuse Act, 2005. This study examines key instances that have sought to establish BWS as a legal defence, investigates the obstacles that are associated with its application, and proposes revisions that will better accommodate this syndrome within India’s legal structure. In the paper, the author argues for a more nuanced understanding of self-defence in situations like these, highlighting the need of judicial acknowledgement of the psychological impact that prolonged abuse has on women who turn to lethal violence against their abusers.”

Keywords: Battered Women Syndrome, Indian legal System, Self-defense, Domestic Violence, Criminal Law Reform

BALANCING RIGHTS AND STATE INTERVENTION: MINORITY INSTITUTIONS IN INDIAN JUDICIAL DISCOURSE

AUTHOR: – KAMAL NAYAN* & KHALEEQ AHMAD**

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

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

BEST CITATION – KAMAL NAYAN & KHALEEQ AHMAD, BALANCING RIGHTS AND STATE INTERVENTION: MINORITY INSTITUTIONS IN INDIAN JUDICIAL DISCOURSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 643-650, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

India’s Constitution allows minority groups to kickstart and look after their own education places, all thanks to Article 30(1). The idea is to keep their culture and education rights in good shape. But hold up, they can’t just do whatever they want. There’s a fine line where their rights meet the government’s rules. It’s all about mixing personal rights with the people’s best interests. Indian courts have been super important in figuring out where to draw this line. They’ve made some big decisions, like T.M.A. Pai Foundation v. State of Karnataka in 2002, P.A. Inamdar v. State of Maharashtra in 2005, and St. Stephen’s College v. University of Delhi in 1992. The big guys at the Supreme Court were trying to get a handle on what’s okay for minority groups while making sure the government gets to step in for stuff like fairness, openness, and good-quality learning. The article dives into how the judges deal with the push and pull between leaving minority groups alone and having the government step in. They look at things like making sure nobody gets left out making schools awesome, and keeping them honest. The courts stick up for minority rights but they also say it’s cool for the government to set some rules so everything stays fair and square in schools and nobody gets taken advantage of. Watching the laws change over time shows they care about having a varied community but still want to hit those social justice targets set out by the Constitution.

This peek at what the judges are saying and how they’re thinking about it shows there’s always a bit of give and take between our basic rights and what’s good for everybody. It’s tricky for minority schools to do their thing with more and more government looking over their shoulder. At the end of the day, the Indian judges play a huge part in making sure we all get our freedom without dropping the ball on what we owe to each other. And that’s what keeps democracy rocking in India.

KEYWORDS: Minority institutions, Article 30, Indian judiciary, state regulation, educational rights, constitutional law, pluralism.

ENVIRONMENTAL OBLIGATIONS AND LIABILITY IN THE CONSTRUCTION OF ARTIFICIAL ISLANDS: A COMPARATIVE INTERNATIONAL LAW APPROACH

AUTHOR – SHRUTI MISHRA, STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – SHRUTI MISHRA, ENVIRONMENTAL OBLIGATIONS AND LIABILITY IN THE CONSTRUCTION OF ARTIFICIAL ISLANDS: A COMPARATIVE INTERNATIONAL LAW APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 633-642, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“This article takes a look at the environmental legal frameworks that regulate the development of artificial islands in a number of different jurisdictions. Significant environmental issues are emerging as a result of governments’ increased pursuit of territorial expansion and growth through the creation of artificial islands. These challenges put the boundaries of current international and local legal systems to the point of being tested. The purpose of this research is to identify gaps in the existing regulatory systems by conducting a comparative analysis of domestic laws, international treaties, and case law. Additionally, the research provides integrated solutions that strike a compromise between the goals of development and environmental preservation. According to the findings, there are now a number of obstacles that prevent efficient environmental governance of artificial island projects. These obstacles include jurisdictional issues, uneven liability systems, and tough enforcement problems. This paper makes a contribution to the academic debate by putting up a unified international framework that takes into account the one-of-a-kind environmental consequences that manmade islands have across international borders while still honouring the sovereignty of individual nations.”

Keywords: artificial islands, environmental law, international maritime law, environmental liability, UNCLOS, transboundary pollution, coastal development

DOUBLE TAXATION TREATIES AND THEIR ECONOMIC IMPACT

AUTHOR – ARUSHI SONKER* & DR. DEVENDRA SINGH**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ARUSHI SONKER & DR. DEVENDRA SINGH, CONSTITUTIONAL CONVENTIONS: AN EXPLORATORY STUDY IN THE LIGHT OF INDIAN CONSTITUTION SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 617-632, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Double taxation occurs when income is taxed in two different jurisdictions, creating financial and administrative burdens for taxpayers. To address this issue, countries enter into Double Taxation Avoidance Agreements (DTAAs) to eliminate or reduce tax liabilities on cross-border income. This research paper explores the economic impact of DTAAs, with a specific focus on [US, UK, India, Singapore], analyzing their role in foreign direct investment (FDI), trade growth, and tax compliance. The study evaluates treaty benefits, challenges such as tax treaty abuse, and policy recommendations to optimize their effectiveness.

Key words:- DTAA, FDI ,OECD, ITC

CONSTITUTIONAL CONVENTIONS: AN EXPLORATORY STUDY IN THE LIGHT OF INDIAN CONSTITUTION SYSTEM

AUTHOR – NITIN SHARMA* & DR. SANTOSH KUMAR**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – NITIN SHARMA & DR. SANTOSH KUMAR, CONSTITUTIONAL CONVENTIONS: AN EXPLORATORY STUDY IN THE LIGHT OF INDIAN CONSTITUTION SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 610-616, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines the idea of constitutional conventions within the framework of the Indian Constitution, highlighting their importance in the functioning of the political system. Although unwritten and often overlooked, constitutional conventions are crucial for guiding the behaviour of constitutional actors and facilitating smooth governance. The study provides a comprehensive analysis of these conventions, including their definitions and key characteristics that distinguish them from formal laws and constitutional provisions. It also highlights the needs of these conventions in promoting flexibility and adaptability within the constitutional framework while underscoring their crucial role in upholding democratic principles. By analysing significant instances of constitutional conventions in India, the paper demonstrates their practical impact on governance. Additionally, it discusses the judiciary’s role in interpreting these conventions, illustrating how court decisions can influence their understanding and application in the Indian context. This exploratory study aims to provide a nuanced perspective on constitutional conventions and their influence on the Indian political system.

Key words: Constitutional Conventions, Unwritten Rules, Democratic Principles, Judicial Interpretation, Constitutional Morality

“AN IMPACT OF GST ON GENERAL PUBLIC”

AUTHORS – K.ARUN KUMAR* & M.NIRMALA**

* LL.B STUDENT AT GOVERNMENT LAW COLLEGE TRICHY

** ASSISTANT PROFESSOR AT GOVERNMENT LAW COLLEGE TRICHY

BEST CITATION – K.ARUN KUMAR & M.NIRMALA, “AN IMPACT OF GST ON GENERAL PUBLIC”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 1058-1062, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

In this article, the author analyzed “an impact of GST on general public”. GST expands for “Goods and Services Tax”. It will help the Indian economy’s growth by the way of reducing multiple taxes such as Value Added Tax(VAT), Sales tax, Service tax, Excise duty etc,…all as to combined into one simple tax, that is the GST, “One Nation One Tax”. GST will replace all the indirect tax levied on Goods and Services by Central government as well as State government. GST will have both pros and cons of impact the day to day life of general public. The burden on GST filing is to file a return on time without any delay but the procedure of filing is huge process and most of that handle only tax professionals and rest of less individuals are not aware of it. GST has created a positive impact on consumer and in other side if the difference of old and new rate was huge, the consumers is in the loosing point. The paper is based on primary and secondary data resources which were collected from general public, articles and authorized websites.

Keywords: GST, One Nation One Tax, GST Filing, Indirect Taxes.

THEORY OF RUDOLPH VON JHERING AND ITS APPLICATION ON CONTEMPRARY ISSUE I.E. MEDIA TRIALS

AUTHOR – BHOOMI JAIN & DEEPANSHI SINGH

STUDENTS AT VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES AFFILIATED WITH GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – BHOOMI JAIN & DEEPANSHI SINGH, THEORY OF RUDOLPH VON JHERING AND ITS APPLICATION ON CONTEMPRARY ISSUE I.E. MEDIA TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 603-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the jurisprudential contributions of Rudolf von Jhering and applies his sociological theory of law to the modern phenomenon of media trials. Jhering, a 19th-century German legal philosopher, proposed that law should be understood as a practical instrument aimed at securing societal interests rather than a set of abstract principles. His idea of law as a “means to an end” emphasized state-backed coercion and social purpose over mere legal formalism. Central to his theory is the belief that individuals must actively assert their legal rights—a notion he famously captured in The Struggle for Law—to maintain both personal dignity and societal order.

The study analyzes how Jhering’s core concepts—legal consciousness, struggle for rights, and law’s purposive function—resonate within the framework of contemporary media trials. These trials, characterized by heavy media influence on legal proceedings and public opinion, demonstrate how societal forces shape perceptions of justice outside formal courtrooms. Using Jhering’s theoretical lens, the paper evaluates how media trials blur the lines between legal norms and societal narratives, often undermining judicial impartiality and the presumption of innocence.

Two landmark cases—Tourancheau and July v. France and the Weltbühne Trial—are examined to illustrate the practical tensions between press freedom and the right to a fair trial. The paper concludes that while Jhering’s theory offers valuable insights into the societal dimensions of law, its limitations lie in its optimistic assumptions about reconciling conflicting interests. Nonetheless, Jhering’s work remains foundational in understanding how law evolves through societal conflict and maintains its legitimacy through purposive action in a media-driven age.

KEYWORDS

Rudolph Von Jhering, Sociological Jurisprudence, Law And Society, Media Trial, Contemporary Challange

STRENGTHENING THE CONSUMER PROTECTION REGIME IN INDIA: ANALYSIS OF THE ROLE OF CENTRAL CONSUMER PROTECTION AUTHORITY (CCPA)

AUTHOR – RAJVARDHAN RAJPUT* & DR. SHOVA DEVI**

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

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

BEST CITATION – RAJVARDHAN RAJPUT & DR. SHOVA DEVI, STRENGTHENING THE CONSUMER PROTECTION REGIME IN INDIA: ANALYSIS OF THE ROLE OF CENTRAL CONSUMER PROTECTION AUTHORITY (CCPA), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 592-602, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The landscape of consumer protection in India has undergone a significant transformation with the enactment of the Consumer Protection Act, 2019, which seeks to strengthen the consumer grievance redressal mechanism through the establishment of the Central Consumer Protection Authority (CCPA). This paper offers a comprehensive analysis of the role, structure, and functioning of the CCPA, highlighting its mandate to protect, promote, and enforce the rights of consumers against unfair trade practices, misleading advertisements, and defective products or services.

The study begins with a historical overview of consumer protection in India, examining the limitations of the Consumer Protection Act, 1986, which prompted the legislative overhaul. It then delves into the structural and legal foundations of the CCPA, detailing its investigative powers, regulatory authority, and ability to take suo motu cognizance of consumer rights violations. The paper further analyzes major initiatives undertaken by the CCPA, including the formulation of guidelines on e-commerce, product recalls, and actions against misleading advertisements.

Through judicial and policy-based insights, the paper also examines the synergy and occasional overlap between the CCPA and other regulatory bodies such as FSSAI, ASCI, and TRAI. In addition to highlighting key enforcement challenges—such as manpower limitations, jurisdictional conflicts, and lack of consumer awareness—the paper draws a comparative analysis with global consumer protection agencies like the FTC (USA) and CMA (UK).

Finally, the paper offers actionable recommendations to strengthen the CCPA’s framework, including enhancing autonomy, improving inter-agency coordination, increasing digital transparency, and ensuring public awareness. The study concludes that while the CCPA is a commendable initiative, its long-term success hinges on strategic reforms, administrative efficiency, and greater public engagement.

Keywords

Consumer Protection, Central Consumer Protection Authority (CCPA), Consumer Protection Act, 2019, Misleading Advertisements, Product Recall, E-commerce Regulation, Consumer Rights, Regulatory Enforcement, Consumer Redressal Mechanism, Fair Trade Practices, Comparative Consumer Law, FTC (USA), CMA (UK), Consumer Awareness.

INDIA’S BILATERAL INVESTMENT TREATY MODEL & ITS IMPACT ON INDIA’S TRADE RELATIONS

AUTHOR – RISHABH WAHI, STUDENT AMITY LAW SCHOOL, AMITY UNIVERSITY NOIDA

BEST CITATION – RISHABH WAHI, INDIA’S BILATERAL INVESTMENT TREATY MODEL & ITS IMPACT ON INDIA’S TRADE RELATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 583-591, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines India’s 2015 Bilateral Investment Treaty (BIT) Model and analyzes its substantial impact on India’s international trade relations. The study investigates how India’s paradigm shift from a liberal investment framework to a more restrictive and sovereignty-focused model. The ways it has influenced foreign direct investment flows and bilateral economic relationships. Through analysis of key provisions, comparison with international standards, and evaluation of post-implementation outcomes. This research identifies both protective advantages and challenging consequences of India’s revised approach. The findings suggest that while the 2015 Model BIT successfully addresses India’s sovereignty concerns. It has created significant friction in trade negotiations and investment relations, particularly with developed economies. This research contributes to understanding the delicate balance between investment protection and regulatory sovereignty. Focussing on emerging economies navigating global economic integration.

AI IN LAW: THE FINE LINE BETWEEN THREAT AND OPPORTUNITIES – EXPLORING STAKEHOLDERS DILEMMA

AUTHOR – SARASWATHY THOGAINATHAN, STUDENT AT SAVEETHA SCHOOL OF LAW

BEST CITATION – SARASWATHY THOGAINATHAN, AI IN LAW: THE FINE LINE BETWEEN THREAT AND OPPORTUNITIES – EXPLORING STAKEHOLDERS DILEMMA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 577-582, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Artificial intelligence (AI) is defined as the ability of a computer to carry out a job which typically requires human brain power. Today artificial intelligence has attained a steady pace in advancement, starting from unlocking our phones using facial recognition till setting our alarms for the next day. With this serious advancement people often see it as a threat to their jobs. Looking at it from a positive perspective, the way these machines are making people’s jobs easier and saving so much time and energy, contrary to that statement it does make people feel insecure about their skills, people’s constant need to be updated all the time, so that they don’t get replaced by a robot. This study focuses on the impacts of AI incorporated with the  legal profession and also the perception of people towards it. The data for the study had been collected through an online survey. The survey was prepared to collect opinions from people belonging to three different working sectors such as advocates, law students, IT professionals and common people also known as clients. This diversity is to get the perspectives of people from the user end, developers end and from the people who will have the most impact. The study had concluded stating that the positive effects of AI in the legal field outweighs the negative effects.

KEYWORDS:  Artificial Intelligence, Technology, Career, Threat.