Category: Volume 5 and Issue 6 of 2025

A STUDY OF STIGMA, MENTAL HEALTH, AND HELP-SEEKING BEHAVIOUR AMONG FEMALE SEX WORKERS WITH SPECIAL REFERENCE TO CHENNAI

AUTHOR – JAYASHREE.G,  BA.LLB(HONS) STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS,), SAVEETHA UNIVERSITY, CHENNAI-77. MAIL ID:jayashreegovindan2004@gmail.com

BEST CITATION – JAYASHREE.G, A STUDY OF STIGMA, MENTAL HEALTH, AND HELP-SEEKING BEHAVIOUR AMONG FEMALE SEX WORKERS WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 440-465, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Female sex workers (FSWs) constitute one of society’s most marginalized populations, facing intersecting stigmas related to their occupation, gender, and often, mental health status. This multi-layered stigmatization creates significant barriers to accessing appropriate mental health care despite elevated rates of psychological distress in this population. Previous research has documented high prevalence of depression, anxiety, post-traumatic stress disorder, and suicidal ideation among FSWs, yet limited attention has been paid to the specific mechanisms through which stigma influences help-seeking behaviors in this context.This study aimed to examine the relationship between different forms of stigma (societal, structural, and internalized) and mental health outcomes among female sex workers, while identifying the primary barriers and facilitators to mental health service utilization within this population.The study sought to develop recommendations for stigma-reduction interventions and mental health service improvements tailored to FSWs’ needs.the sample size is 200.The research employs quantitative apporoch  Our mixed-methods investigation revealed that 78% of participants reported clinically significant symptoms of at least one mental health condition, yet only 23% had accessed formal mental health services in the previous year. Structural stigma, particularly within healthcare settings, emerged as the strongest predictor of reduced help-seeking behavior. Participants identified fear of judgment, concerns about confidentiality, and previous discriminatory experiences as primary barriers to care. Peer-led programs and integrated service models that combined mental health support with other needed services demonstrated the greatest acceptability and utilization. This study highlights the urgent need for trauma-informed, non-stigmatizing mental health services for female sex workers. Effective interventions must address both individual psychological needs and the broader structural determinants of stigma through policy reform and provider education. Creating safe, accessible spaces for mental healthcare represents a critical step toward improving health outcomes in this vulnerable yet resilient population.

KEYWORDS: psychological needs,discrimination,help seeking, fear of judgment, trauma

ENACTMENTS CONTROLLING CHILD LABOUR IN INDIA

AUTHOR – PRIYANKA GUPTA, ASSISTANT PROFESSOR AT IILM UNIVERSITY, GREATER NOIDA (U.P.)

BEST CITATION – PRIYANKA GUPTA, ENACTMENTS CONTROLLING CHILD LABOUR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 436-439, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Children represent the most vulnerable and valuable section of any society. Ensuring their protection, development, and well-being is not only a constitutional mandate but also a moral obligation. India, being a signatory to the United Nations Convention on the Rights of the Child (UNCRC), has developed a robust legal framework to safeguard the rights of children across various domains including education, protection from exploitation, juvenile justice, health, and welfare.

Over the years, several child-related enactments have been introduced in India to address the unique needs and rights of children. These laws are aimed at protecting children from abuse, neglect, exploitation, and ensuring their right to a safe and nurturing environment. Key legislations such as the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Right of Children to Free and Compulsory Education Act, 2009 reflect the country’s commitment to upholding child rights.

These enactments not only provide preventive and protective measures but also promote rehabilitative and child-friendly procedures, ensuring that the best interest of the child remains paramount in every legal process.

DEVELOPMENT VS. DISPLACEMENT: HUMAN RIGHTS CONCERNS IN LAND ACQUISITION FOR INFRASTRUCTURE PROJECTS IN INDIA

AUTHOR – HARSHIT VERMA, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – HARSHIT VERMA, DEVELOPMENT VS. DISPLACEMENT: HUMAN RIGHTS CONCERNS IN LAND ACQUISITION FOR INFRASTRUCTURE PROJECTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 428-435, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In this Article, we take a look at how India’s land acquisition procedures for infrastructure projects are a complicated junction of development goals and human rights issues. Beginning with the Land Acquisition Act of 1894, which was passed during India’s colonial era, the book follows the development of the country’s legal structure all the way up to the groundbreaking Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR) of 2013. The progressive aspects of the LARR Act, such as the need to conduct social impact assessments, get consent, and establish thorough compensation systems, as well as the broader acknowledgement of impacted persons, continue to face substantial hurdles throughout implementation.

Forced displacement of people, destruction of indigenous ways of life and cultural traditions, and insufficient plans for compensation and rehabilitation are some of the serious human rights concerns highlighted in the report. One of the worst development-induced displacement crises in the world is happening in India, where an estimated 50 million people have been displaced since independence. This article examines India’s human rights policy in light of international norms and finds that the country falls far short of its commitments under the UN Guiding Principles on Business and Human Rights and the International Covenant on Economic, Social and Cultural Rights.

The article shows how the court has changed its role in balancing economic needs with human rights safeguards by analysing landmark judicial interventions. Infrastructure development must continue without violating the rights and dignity of impacted communities, especially indigenous and other oppressed groups, according to the study’s findings, which highlight the need for substantial reforms to implementation mechanisms notwithstanding legislative progress.

Key words: (Land acquisition, displacement, human rights, LARR Act, infrastructure development, indigenous communities, rehabilitation)

IMPACT OF INTERNET SHUTDOWNS IN INDIA

AUTHOR – DHANANJAY DHANKARD, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – DHANANJAY DHANKARD, IMPACT OF INTERNET SHUTDOWNS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 418-427, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The proliferation of digital technologies has rendered the Internet a foundational pillar of modern life, underpinning communication, commerce, education, and governance. Yet, India has emerged as the global leader in imposing internet shutdowns, frequently enacted under the pretexts of public safety, national security, and misinformation control. This chapter offers a comprehensive examination of the impacts of these shutdowns, integrating legal, economic, social, and democratic perspectives. It begins by analyzing the statutory framework—Section 144 of the Code of Criminal Procedure and the Temporary Suspension of Telecom Services Rules (2017)—and identifies significant procedural gaps, executive overreach, and lack of transparency^[1]. Through detailed case studies, including Anuradha Bhasin v. Union of India (2020) and Foundation for Media Professionals v. Union Territory of Jammu & Kashmir (2020), the chapter evaluates judicial interventions and highlights the inconsistent application of proportionality and necessity tests. Empirical data on economic losses— estimated at over USD 4.7 billion in 2022—and disruptions to financial inclusion, education, and e-governance illustrate the real-world consequences on vulnerable populations. The chapter also explores socio-political ramifications, such as the curtailment of free expression and erosion of public trust in democratic institutions. Drawing on international human rights standards and comparative jurisprudence, it advocates for urgent reforms: codified shutdown guidelines, mandatory real-time judicial review, independent oversight bodies, and compensation mechanisms. By proposing a rights-respecting digital governance framework, the chapter aims to ensure that internet access in India is protected as a fundamental freedom, even during times of crisis.

Keywords: Internet shutdowns, digital rights, proportionality, judicial review, India

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[1] Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, G.S.R. 395(E), Ministry of Communications, Government of India.

PATENT-COMPETITION INTERFACE IN INDIA

AUTHOR – VIDUR PANDIT, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – VIDUR PANDIT, PATENT-COMPETITION INTERFACE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 406-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article explores the complex interplay between patent rights and competition law in India, focusing on how the legal system navigates conflicts between intellectual property protection and the preservation of market competition. Anchored in the Competition Act, 2002 and the Patents Act, 1970 (as amended post-TRIPS), the article analyses how regulatory and judicial frameworks respond to alleged abuses of patent rights particularly in high-stakes sectors such as telecommunications, pharmaceuticals, and agriculture. Key case studies, including Ericsson v. Micromax and Monsanto v. CCI, illustrate the evolving jurisprudence on standard essential patents (SEPs), FRAND obligations, and the jurisdictional overlap between the Competition Commission of India (CCI) and civil courts. The article critically evaluates the divergent views of single and division benches of the Delhi High Court on whether competition law can scrutinize patent-related conduct, especially excessive pricing and discriminatory licensing. It concludes by emphasizing the need for clearer statutory demarcation, procedural efficiency, and harmonization with global practices to ensure that innovation incentives do not result in market exclusion or consumer harm.

REGULATORY FRAMEWORK FOR ACQUISITIONS

AUTHOR – JAHNVI MEHTA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – JAHNVI MEHTA, REGULATORY FRAMEWORK FOR ACQUISITIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 394-405, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This document provides a comparative overview of the regulatory frameworks governing acquisitions in India, the United States, and the European Union. It examines the legal and institutional structures that regulate mergers and acquisitions, including the roles played by the Competition Commission of India (“CCI”), the Securities and Exchange Board of India (“SEBI”), the U.S. Federal Trade Commission (“FTC”), the Department of Justice (“DOJ”), and the European Commission. Key elements discussed include notification thresholds, review procedures, enforcement mechanisms, and the underlying legal principles that shape antitrust and securities regulation in each jurisdiction. Through a cross-jurisdictional analysis, the paper offers insights into the convergence and divergence of regulatory practices, equipping stakeholders with a broader understanding of global compliance requirements in cross-border transactions.

FROM STEREOTYPES TO OPPORTUNITIES: THE ROLE OF TECHNOLOGY IN REDEFINING GENDER NORMS

AUTHOR – ANKITA, STUDENT AT TRINITY INSTITUTE OF PROFESSIONAL STUDIES

BEST CITATION – ANKITA, FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 384-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Gender and technology go hand in hand because gender dynamics are shaped by technology. Technology can also change the power dynamics in our society so that women have more equality since it gives them access to previously untapped options for organization and involvement. It is also necessary to address the gendered attitudes of men and women on the societal construction of female subordination and gender inequity.

The application of conceptual knowledge towards the fulfillment of real-world objectives is what is known as technology, the most powerful word in the modern world, especially when done in a repeatable fashion. Technology makes it possible for anyone to participate in the political, social, and economic spheres regardless of gender, caste, sex, or race, and it also gives everyone access to an infinite amount of information and knowledge. It gives everyone the chance to follow their passions and advocate for themselves.

It is critical to confront online abuse and use technology to advance positive social change. Collaboration between national governments, tech corporations, feminist and digital rights groups, gender-based violence service providers, researchers, and most crucially, survivors is necessary to prevent and address technology-facilitated gender-based violence. Prioritizing inclusivity and diversity is crucial while creating AI technology.

In this technologically advanced world, women must seize their possibilities and stand on their own feet.

Keywords – Technology, Gender Equality, Discrimination, women, Dynamics, Information, technological Sectors, social and economic development

FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING

AUTHOR – PRIYA MADHESIYA, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, NOIDA

BEST CITATION – PRIYA MADHESIYA, FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 373-383, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human trafficking remains one of the most grievous human rights violations in the modern era, transcending borders and affecting millions worldwide. This paper undertakes a comprehensive analysis of the international legal framework established to combat human trafficking, tracing the evolution of global instruments and conventions that shape anti-trafficking responses today. Beginning with the 1904 International Agreement for the Suppression of the White Slave Traffic and culminating in the landmark 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), the study examines how the international community has progressively recognized trafficking as a serious transnational crime and human rights issue.

The paper evaluates the binding and non-binding instruments under the United Nations, the International Labour Organization, and regional frameworks such as those developed by the European Union and South Asian Association for Regional Cooperation. It explores the key components of these instruments, including prevention strategies, victim protection, and prosecution mechanisms. Additionally, the study critiques the gaps in enforcement, state compliance, and victim-centric approaches, arguing for a more integrated, human-rights-based strategy that includes accountability, cross-border cooperation, and socio-legal reform.

By comparing legal obligations and best practices, this paper highlights the need for harmonization between international and domestic laws and emphasizes the importance of political will and institutional coordination. The study concludes that while significant progress has been made, human trafficking persists due to structural vulnerabilities, weak implementation, and lack of survivor-centric policies.

Keywords- Human Trafficking, Palermo Protocol, International Law, Victim Protection,   Transnational Crime, UN Conventions, Legal Framework, SAARC Convention, Law Enforcement Cooperation

CRIMINALIZATION OF MARITAL RAPE: A STUDY OF LEGISLATIVE SILENCE AND JUDICIAL ACTIVISM

AUTHOR – MANISH KUMAR SAHU* & ABHISHEK MISHRA**

* LL.M, FACULTY OF LAW, SHRI RAWATPURA SARKAR UNIVERSITY

** ASSISTANT PROFESSOR AT FACULTY OF LAW, SHRI RAWATPURA SARKAR UNIVERSITY

BEST CITATION – MANISH KUMAR SAHU & ABHISHEK MISHRA, CRIMINALIZATION OF MARITAL RAPE: A STUDY OF LEGISLATIVE SILENCE AND JUDICIAL ACTIVISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 367-372, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Marital rape—non-consensual sexual intercourse by a spouse—remains a legally sanctioned exception under Indian criminal law, despite being a severe violation of bodily autonomy and human dignity. This research critically examines the legal, constitutional, and social implications of the marital rape exception under Section 63 of the Bharatiya Nyaya Sanhita, which exempts husbands from prosecution for rape committed against their wives. The legislative silence on this issue reflects not only patriarchal inertia but also a systematic disregard for the evolving standards of human rights and gender justice.

Through a doctrinal and comparative legal research methodology, the paper analyses statutory texts, judicial pronouncements, and feminist jurisprudence to assess the constitutionality of this exception. It studies landmark judgments such as Independent Thought v. Union of India and the Delhi High Court’s split verdict in RIT Foundation v. Union of India, highlighting the judiciary’s evolving approach towards marital rape. The study also explores the limitations of judicial activism in the absence of legislative intent and considers the role of the courts in upholding fundamental rights under Articles 14, 15, and 21 of the Indian Constitution.

Drawing on international legal developments, this research compares India’s position with jurisdictions such as the United Kingdom, United States, South Africa, and Nepal—all of which have criminalized marital rape. The comparative analysis exposes the regressive nature of India’s exception and the urgent need for reform in line with global human rights standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

The paper concludes that the marital rape exception is constitutionally indefensible and socially destructive, reinforcing gender inequality and legitimizing intimate partner violence. It argues that the criminalization of marital rape is not merely a legal reform but a moral and democratic imperative. To that end, the paper offers specific policy recommendations, including the repeal of Exception 2 to Section 63 BNS, gender-sensitive training for law enforcement, and legal recognition of sexual autonomy within marriage. This research aims to contribute to the growing call for transformative legal change that aligns Indian criminal law with constitutional morality and the rights of women to bodily integrity, dignity, and equality.

Keywords

Marital Rape, Judicial Activism, Criminal Law, Constitutional Rights, Gender Justice, Legal Reform, Patriarchy, Section 63 BNS

CONSTITUTIONAL CHALLENGES AND SAFEGUARDS IN CLINICAL TRIALS

AUTHOR – SAMSON ALBERT S, STUDENT AT VINAYAKA MISSION’S LAW SCHOOL

BEST CITATION – SAMSON ALBERT S, CONSTITUTIONAL CHALLENGES AND SAFEGUARDS IN CLINICAL TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 359-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Clinical trials play a crucial role in advancing medical science, yet they also raise significant constitutional concerns regarding participants’ rights and protections. This paper explores the constitutional challenges and safeguards in clinical trials, focusing on two fundamental rights enshrined in the Indian Constitution: the Right to Life and Health (Article 21) and the Right to Equality (Article 14).

The Right to Life and Health guarantees every individual the highest attainable standard of health, which extends to ethical participation in clinical trials. However, concerns arise when trials compromise participants’ safety, lack proper informed consent, or fail to provide post-trial medical care. The Supreme Court of India has played a pivotal role in upholding ethical standards by delivering landmark judgments that emphasize the responsibility of pharmaceutical companies, research organizations, and the government to protect trial subjects. These rulings highlight the need for stringent guidelines, transparency, and accountability to prevent exploitation and ensure participant welfare.

Similarly, the Right to Equality underscores the need for fairness in the selection of trial participants. Discrimination in participant recruitment—whether based on socioeconomic status, gender, or other factors—raises ethical and legal concerns. Marginalized communities, often targeted for clinical trials due to their economic vulnerabilities, may face undue risks without sufficient safeguards. Ensuring equal access to trial benefits, including necessary medical care post-trial, is essential in maintaining justice and fairness in medical research. Addressing these concerns requires a robust regulatory framework that prevents biases in participant selection and mandates equitable distribution of benefits arising from clinical research.

By analyzing constitutional provisions, judicial precedents, and regulatory mechanisms, this paper aims to highlight the pressing ethical and legal challenges in clinical trials while suggesting measures to strengthen participant rights. A balanced approach—where scientific advancements align with fundamental rights—is crucial to maintaining the integrity of clinical trials and ensuring that medical research serves humanity without compromising ethical principles.

 Keywords:- Clinical trials, Indian Constitution, the Right to Life and Health (Article 21), the Right to Equality (Article 14), Discrimination, Marginalized communities, safeguard and humanity