Category: Volume 6 and Issue 9 of 2026

  • ARTIFICIAL INTELLIGENCE AND DETECTION OF CHILD SEXUAL ABUSE MATERIAL ON THE DARK WEB: LEGAL AND ETHICAL CONCERNS

    ARTIFICIAL INTELLIGENCE AND DETECTION OF CHILD SEXUAL ABUSE MATERIAL ON THE DARK WEB: LEGAL AND ETHICAL CONCERNS

    AUTHOR – S MEHA PRIYADHARSHINI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

    BEST CITATION – S MEHA PRIYADHARSHINI,ARTIFICIAL INTELLIGENCE AND DETECTION OF CHILD SEXUAL ABUSE MATERIAL ON THE DARK WEB: LEGAL AND ETHICAL CONCERNS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 103-110, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I911

    ABSTRACT :

    The spread of Child Sexual Abuse Material (CSAM) has greatly grown due to the dark web’s and encrypted digital platforms’ explosive expansion, posing major problems for law enforcement organisations around the globe. In response, machine learning, picture recognition, predictive analytics, and automated surveillance systems have made artificial intelligence (AI) a crucial technological tool for identifying, tracking down, and stopping online child exploitation. In addition to critically examining the ethical and legal issues of AI-driven surveillance methods, this study looks at how AI can help fight CSAM on the dark web.

    The Information Technology Act of 2000, the Protection of Children from Sexual Offences Act of 2012 (POCSO), and pertinent international documents like the Budapest Convention on Cybercrime and the Convention on the Rights of the Child are evaluated in this paper. In view of Justice K. S. Puttaswamy v. Union of India, it dig deeper into constitutional issues of privacy, proportionality, algorithmic bias, and accountability. The study comes to the conclusion that while AI improves efforts to detect cybercrime and protect children, strong legal protections, judicial supervision, transparency, and ethical governance are necessary to strike a balance between child safety and fundamental rights and digital freedoms.

  • A CRITICAL STUDY ON CROSS-BORDER COMBINATION IN BALANCING ECONOMIC GROWTH AND COMPETITION IN INDIA

    A CRITICAL STUDY ON CROSS-BORDER COMBINATION IN BALANCING ECONOMIC GROWTH AND COMPETITION IN INDIA

    AUTHOR – BAVADHARANI U, LL.M (STUDENT), SCHOOL OF EXCELLENCE IN LAW, TNDALU

    BEST CITATION – BAVADHARANI U, A CRITICAL STUDY ON CROSS-BORDER COMBINATION IN BALANCING ECONOMIC GROWTH AND COMPETITION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 88-102, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I910

    ABSTRACT

    Combination includes Merger, Acquisition and Amalgamation. And cross-border Combination refers to Merger, Acquisition and Amalgamation in and out of the territory of India by a foreign entity or an Indian Company acquiring company outside the territory of India. After Globalisation in the year of 1991, Cross Border Combination plays a crucial role in economic development of the Country. It encourages Foreign Direct Investment, transfer of Technology, innovation, transfer of resources and creation of employment opportunities and in other hand it had negative impact in host country competitors. When a dominant player in the relevant market mergers with the foreign entity in it possible to AAEC in competition by price fixing, restricting new competitors to enter the market, abusing its dominant position, market allocation and even entering into Anti-competative agreement. It is very important for developing country like India to have proper regulatory mechanism and it do have many authorities. For a merger to establish in India, if it exceeds certain threshold limit it is important to get approved from Reserve Bank of India, National Company Law Tribunal and Competition Commission of India. This study critically examines the impact of cross-border combinations on India’s economic growth and its competition framework. Simultaneously, it assesses the regulatory challenges faced by Indian authorities, especially the Competition Commission of India, in scrutinizing and approving such combinations to ensure they do not hinder competitive market dynamics.

    The study further analyses the effectiveness of current legal and policy frameworks i.e. Effects Doctrine in India governing cross-border combinations under the Competition Act, 2002. It evaluates whether these frameworks are adequate to balance economic growth aspirations with the need to maintain a level competition field in the market.

    KEYWORDS: Merger, Effects Doctrine, economy, Competition, Cross Border Combination

  • FROM FISCAL FEDERALISM TO FISCAL SUBORDINATION: A CRITICAL ASSESSMENT OF GST’S IMPACT ON THE REVENUE AUTONOMY OF INDIAN STATES

    FROM FISCAL FEDERALISM TO FISCAL SUBORDINATION: A CRITICAL ASSESSMENT OF GST’S IMPACT ON THE REVENUE AUTONOMY OF INDIAN STATES

    AUTHOR – HRADYESH CHATURVEDI* & DR. SANJAY KULSHRESTHA**

    * RESEARCH SCHOLAR AT JIWAJI UNIVERSITY GWALIOR

    ** PROFESSOR AT JIWAJI UNIVERSITY GWALIOR

    BEST CITATION – HRADYESH CHATURVEDI & DR. SANJAY KULSHRESTHA, FROM FISCAL FEDERALISM TO FISCAL SUBORDINATION: A CRITICAL ASSESSMENT OF GST’S IMPACT ON THE REVENUE AUTONOMY OF INDIAN STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 81-87, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    This paper critically examines the framework of fiscal federalism and its shift forward, following the introduction of the Goods and Services Tax in India in 2017. The implementation of GST in India has not strengthened cooperative federalism,  it has systematically diluted the revenue autonomy and freedom of Indian states, thereby, reducing them from the constitutionally empowered fiscal partners to financially dependent units of the central. It has furthermore deepened the fiscal subordination of the states by the way of dismantling their financial and independent tax base. It further created structural revenue dependency of the state in the centre. And rendering the compensation mechanisms with an efficient, adequate and time-bound substitute for genuine fiscal sovereignty.

    The Indian constitution envisages a federal polity where the states retained meaningful control over their fiscal affairs. However, the GST regime, through the abolition of state-level  taxes such as the VAT, entry tax and Octroi, fundamentally reframed the balance. This paper critically analyses the Pre and Post GST revenue patterns of Indian states which exposes the structural failings of the GST compensation mechanisms followed by its abrupt cessation in 2022. It further interrogates the functioning of the GST council envisaged as the institution that concentrated on fiscal-decision making powers with the union government. Through an empirical analysis and constitutional scrutiny, this paper further argues that GST has not been just a reformed taxation system, rather a reconfiguration of the federal bargain itself, as a severe cost to the state autonomy.

    This paper practically focusses on the variant questions as in 1. Has the implementation of GST structurally dismantled the independent taxation system of the Indian states and to what extent has it replaced the constitutionally guaranteed fiscal autonomy with the dependency on the centralised system? 2. Do Pre-GST and Post-GST patterns of the Indian states empirically establish the promised revenue neutrality of GST or was it a fiscal illusion or just the shift of the class of the biases? 3. Was the GST compensation mechanism a true instrument of fiscal federalism or merely a transitional political concession? 4. Does the structural composition and the decision-making architecture of the GST council reflect cooperative federalism or does it institutionalize the centre dominance with the aim to reduce the states to the role of passive-participation in the fiscal decision-making?

  • RACIAL AND ETHNIC DISCRIMINATION IN INDIA: A SOCIO-LEGAL ANALYSIS WITH SPECIAL REFERENCE TO NORTH-EAST COMMUNITIES

    RACIAL AND ETHNIC DISCRIMINATION IN INDIA: A SOCIO-LEGAL ANALYSIS WITH SPECIAL REFERENCE TO NORTH-EAST COMMUNITIES

    AUTHOR – ADV. SAKLA JAMATIA* & PRIYANKA TRIPURA**

    * B.A. LL.B. (TRIPURA GOVT LAW COLLEGE) AND LL.M (CRIMINOLOGY) NATIONAL LAW UNIVERSITY, TRIPURA.

    ** B.A. LL.B. (TRIPURA GOVT LAW COLLEGE), LL.M (CRIMINOLOGY) NATIONAL LAW UNIVERSITY, TRIPURA AND ASSISTANT PROFESSOR AT DHAMMA DIPA INTERNATIONAL BUDDHIST UNIVERSITY, TRIPURA.

    BEST CITATION – ADV. SAKLA JAMATIA & ASSISTANT PROFESSOR PRIYANKA TRIPURA, RACIAL AND ETHNIC DISCRIMINATION IN INDIA: A SOCIO-LEGAL ANALYSIS WITH SPECIAL REFERENCE TO NORTH-EAST COMMUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 69-80, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I98

    Abstract

    It’s a well-established that a racial and ethnic discrimination has occur in our country. Despite the constitutional ensuring of equality, dignity and fraternity in India, the problem of racial and ethnic discrimination still exists in our society. People from the Scheduled Tribes, North-East and minority groups often experience racial abuse in schools, workplaces, public places, and online platforms, and are often subjected to hate speech, discriminatory treatment, stereotyping and violence. This paper attempts to critically analyse the socially legal aspects of racial and ethnic discrimination in the context of the communities of the North-East India. The paper examines the constitutional protection granted by the Constitution of India and the statutory protection under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Protection of Human Rights Act, 1993 and the Information Technology Act, 2000. The study also examine the response of our judiciary system, National Human Rights Commission (NHRC) and the recommendations of the Bezbaruah Committee in the redressal of racial discrimination and safeguarding of the vulnerable communities. It also considers India’s international responsibilities with regard to instruments such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Universal Declaration of Human Rights (UDHR), ICCPR and ICESCR. The ongoing lack of legislation enforcement and social awareness is highlighted by recent reports of racial violence and harassment against people from the North-East region. This paper analyse that India has a wide constitutional and legal framework to prevent discrimination but a lack of a comprehensive anti-racism legislation has made protection and redressing the victims ineffective. The proposed Bill on Anti-Racism and Equality, 2026 is discussed as a forward-looking measure to promote institutional accountability, to protect the victims and for social equality. A stronger legal enforcement, public sensitisation, educational reforms and policy intervention are required to make the constitutional vision of “Unity in Diversity” a reality, concludes the study.

    Keywords: Discrimination, Constitutional Provision, Statutory Laws, Judicial response, International Law, North East Communities.

  • DORMANT COMPANIES V. SHELL COMPANIES IN INDIA: CORPORATE CONVENIENCE OR REGULATORY VULNERABILITY?

    DORMANT COMPANIES V. SHELL COMPANIES IN INDIA: CORPORATE CONVENIENCE OR REGULATORY VULNERABILITY?

    AUTHOR – AKKSHARRA P V, STUDENT AT SASTRA UNIVERSITY, THANJAVUR, TAMIL NADU, INDIA.

    BEST CITATION – AKKSHARRA P V, DORMANT COMPANIES V. SHELL COMPANIES IN INDIA: CORPORATE CONVENIENCE OR REGULATORY VULNERABILITY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 57-68, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I97

    ABSTRACT:-

    The emergence of shell companies and dormant companies has become a significant concern within India’s corporate governance and financial regulatory framework. While dormant companies are legally recognized under section 455 of the Companies Act, 2013 and are intended to facilitate legitimate commercial purposes such as holding assets, preserving intellectual property, and preparing for future business activities, concerns have increasingly arisen regarding their potential misuse. Shell companies, although not expressly defined under the Indian corporate legislation, are frequently associated with money laundering, tax evasion, benami transactions, accommodation entries, concealment of beneficial ownership, and round-tripping of funds. Their opaque operational structures and limited transparency have attracted significant scrutiny from regulatory authorities and investigative agencies.

    This research paper critically examines the conceptual and regulatory distinction between dormant companies and shell companies within the Indian corporate law framework. It explores whether dormant company provisions, despite their legitimate legislative objectives, may inadvertently create regulatory vulnerabilities capable of being exploited for fraudulent or opaque financial activities. The paper further analyzes the evolution of corporate regulation in India, the concept and functioning of shell companies, the risks associated with inactive corporate entities, and the increasing overlap between dormant company structures and shell companies operations.

    Keywords – Dormant companies, Shell companies, Corporate governance, Corporate transparency

  • MUFFLED VOICES – THE TRUE AND RAW HARDSHIPS FACED BY INDIAN FEMALE LABOURERS

    MUFFLED VOICES – THE TRUE AND RAW HARDSHIPS FACED BY INDIAN FEMALE LABOURERS

    AUTHOR – PAVITHRA. S. NAIR, STUDENT AT SASTRA UNIVERSITY, THANJAVUR, TAMIL NADU, INDIA.

    BEST CITATION – PAVITHRA. S. NAIR,MUFFLED VOICES – THE TRUE AND RAW HARDSHIPS FACED BY INDIAN FEMALE LABOURERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 50-56, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I96

    ABSTRACT

    Women constitute a substantial chunk of the workforce in India and are still lacking in work participation, as well as the quality of employment if they are employed. The reasons for this lack of female participation are the disparity between what they can do and what is available to them. The issue of safety is another reason for the low participation of women in the workforce. Hence, the importance of women’s sense of security in encouraging them to take up jobs needs to be addressed by the government.

    India is a heavily labour- and agricultural-dependent country, with a majority of its population working in these fields. For most Indians, it is these limited wages that ensure food on their tables. The issue of wages faced by workers is not an unmentioned topic, and it is a vicious cycle that leads into the discussion of where, how, and why child labour stems from and persists despite the government providing free and mandatory education up until the age of 16. It is the very reason that one earning member cannot sustain even the minimum necessities. Labourers face common risks of losing fingers or limbs, leading to amputation, which forces every member to be a child or another adult to be forced to work.  And one might even ask why go through such harsh working condition its never been a choice as the only motivation isn’t food as these people are more aware of feeling of empty stomachs from starvation than that of a full one after hearty meal, the situations are also derived from forces of desperations of mere survival either due to loans that they are trapped in unable to repay or lose of family members in life threatening work such as those in the mines. And it is about time we listen to their desperate cries that are known yet not spoken of enough.

    KEYWORDS: Female Labour Force Participation (FLFP), Unrecognised Sector, Vulnerable Backbone, Labour Exploitation, Bare Acts.

  • STRUCTURAL BIAS IN CRIMINAL JUSTICE : POLITICAL AND ECONOMIC IMPACT ON HIGH-PROFILE TRIALS

    STRUCTURAL BIAS IN CRIMINAL JUSTICE : POLITICAL AND ECONOMIC IMPACT ON HIGH-PROFILE TRIALS

    AUTHOR – CHANDRHAS DWIVEDI* & PROF. DR ANIL KUMAR DIXIT**

    * LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

    ** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

    BEST CITATION – CHANDRHAS DWIVEDI & PROF. DR ANIL KUMAR DIXIT, STRUCTURAL BIAS IN CRIMINAL JUSTICE : POLITICAL AND ECONOMIC IMPACT ON HIGH-PROFILE TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 40-49, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I95

    ABSTRACT

    This chapter looks at the impact of sensational or high-profile criminal cases in India such as the Jessica Lal murder and the Asaram Bapu rape trials on the procedures, institutions and laws of adjudication. It integrates the legal analysis, case studies, and secondary literature to examine the role of media, intimidation of witnesses, postponement of trials, and policy reforms. We search court rulings and legislation, and create timelines to demonstrate the time and result of cases. Results indicate that both public and media pressure can trigger justice (e.g. reverse wrongful acquittals) as well as undermine fairness (by biased coverage). Renowned cases tend to reveal loopholes: antagonistic witnesses, intimidation, and procrastination are the norm, and courts and lawmakers implement changes. As an illustration, in the wake of the Jessica Lal case, suggested amendments to the CrPC required witness statements to be recorded on oath. The Nirbhaya case led to the Criminal Law (Amendment) Act 2013 that expanded the rape laws. The judgment of the Supreme Court of 2018, Mahender Chawla, emphasized the responsibility of the State to safeguard witnesses and resulted in a national witness protection scheme (2018). Altogether, high-profile cases indicate systemic weaknesses and prompt legal changes, yet there is a worry about media-influenced bias and delayed justice.

    Keywords: High-profile cases; criminal justice; media influence; witness protection; judicial reform; India

  • TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION: LEGAL CHALLENGES AND PATHWAYS TO EQUALITY

    TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION:  LEGAL CHALLENGES AND PATHWAYS TO EQUALITY

    AUTHOR – APRAJEETA KUMARI, STUDENT AT AMITY LAW SCHOOL PATNA  

    BEST CITATION – APRAJEETA KUMARI, TRANSGENDER RIGHTS AND ARTICLE 14 OF THE INDIAN CONSTITUTION:  LEGAL CHALLENGES AND PATHWAYS TO EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I94

    Abstract

    This paper examines the historical evolution and legal standing of transgender rights in India, with a focus on Article 14 of the Indian Constitution, which guarantees equality before law and equal protection to all citizens.

    Transgender individuals, historically referred to as “Hijras,” held respected positions in ancient Indian mythology and medieval royal courts. However, British colonial rule drastically altered their status through Section 377 of the IPC, 1860, which criminalized homosexuality, leading to widespread marginalization that persisted even after independence.

    Over time, landmark judicial interventions reshaped the legal landscape. The NALSA v. Union of India judgment recognized transgender persons as a third gender and affirmed their fundamental rights under Articles 14, 15, 16, 19, and 21. The Navtej Singh Johar v. Union of India (2018) ruling decriminalized consensual homosexual acts, while Arunkumar and Sreeja (2019) expanded the definition of “bride” under the Hindu Marriage Act to include transgender women. The Transgender Persons (Protection of Rights) Act, 2019 further strengthened protections by prohibiting discrimination in employment, education, and healthcare, and providing legal gender identity through district-issued certificates.

    Despite these legal advancements, the paper acknowledges that practical challenges remain. A National Human Rights Commission report cited that 99% of transgender individuals have faced rejection across family, education, employment, and healthcare, underscoring the gap between legal protection and lived reality.

    The paper concludes that sustained efforts — including reservation policies, public awareness, and stronger governmental implementation — are essential to ensuring that transgender individuals enjoy equal dignity, opportunity, and respect as full citizens of India.

  • A DOCTRINAL AND CONSTITUTIONAL ANALYSIS OF PRINCIPLES OF CRIMINAL LAW

    A DOCTRINAL AND CONSTITUTIONAL ANALYSIS OF PRINCIPLES OF CRIMINAL LAW

    AUTHOR – ASWATHI P.M., LL.M. STUDENT AT DEPARTMENT OF CRIMINAL LAW, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

    BEST CITATION – ASWATHI P.M., A DOCTRINAL AND CONSTITUTIONAL ANALYSIS OF PRINCIPLES OF CRIMINAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 19-34, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I93

    ABSTRACT

    Criminal law embodies the coercive authority of the State and represents the most intrusive form of legal power, regulating individual conduct through the threat and imposition of punishment. Such extraordinary power requires a robust normative framework, traditionally recognised as the principles of criminal law. These principles, including legality, mens rea, actus reus, presumption of innocence, burden of proof, fair trial, proportionality, and individual autonomy, act as constitutional and moral restraints on criminalisation and punishment. This research paper examines these principles through a doctrinal lens, assessing their functioning in real-world contexts, judicial practices, and contemporary social environments. The study also investigates how Indian criminal jurisprudence has been shaped by constitutional mandates under Articles 14, 20, 21, and 22, and how courts have expanded the scope of fundamental rights to fortify criminal law principles. The research further evaluates how deviations from these principles in special legislations like the NDPS Act, POCSO Act, and UAPA impact procedural fairness, and how the Indian judiciary negotiates this tension. By using comparative perspectives from the UK, US, and Canada, the paper situates Indian criminal law within global trends of rights-based criminal justice, restorative models, and evolving approaches to strict liability, cyber-offences, and victim- centric justice. Adopting a non-doctrinal empirical approach, the study incorporates judicial trends, socio-legal data, legislative practices, and contemporary criminal justice challenges. It identifies that several principles, while theoretically embedded in statutes, often face dilution in practice due to policing gaps, evidentiary burdens, custodial violence, trial delays, an inconsistent judicial interpretation. This paper proposes comprehensive legal, institutional, and policy- level reforms to ensure that the principles of criminal law ate not merely theoretical ideals but operational realities guiding every stage of criminal justice.

    Keywords: Criminal law, Legality, Mens Rea, Actus Reus, Constitution, Fair Trial, Criminal Justice, Proportionality, Burden of Proof.

  • RECONCILING RELATIONSHIPS: A CRITICAL APPRAISAL OF MEDIATION AS A TRANSFORMATIVE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN FAMILY LAW

    RECONCILING RELATIONSHIPS: A CRITICAL APPRAISAL OF MEDIATION AS A TRANSFORMATIVE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN FAMILY LAW

    AUTHORS – MANYATA SINGH* & PROF. DR. LAKSHMI PRIYA VINJAMURI**

    * LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

    ** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

    BEST CITATION – MANYATA SINGH & PROF. DR. LAKSHMI PRIYA VINJAMURI, RECONCILING RELATIONSHIPS: A CRITICAL APPRAISAL OF MEDIATION AS A TRANSFORMATIVE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN INDIAN FAMILY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 08-17, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I92

    Abstract

    The adjudicatory model of dispute resolution, deep-rooted in the Indian legal machinery, has been unable to keep up with the finesse and nuances of the emotionally charged nature of family law disputes. As family courts of the nation keep getting clogged with matrimonial cases, child custody disputes, and succession cases, mediation has increasingly become a viable and sensible solution. This chapter takes an intensive doctrinal and socio-legal analysis of mediation as an alternative dispute resolution (ADR) tool in the context of Indian family law. Based on the legislative tools such as the Family Courts Act, 1984, Section 89 of the Code of Civil Procedure, 1908, and the newly introduced Mediation Act, 2023, the chapter traces the formal and informal boundaries of mediation practice in India. It critically discusses landmark judicial pronouncements most notably, K. Srinivas Rao v. D.A. Deepa, Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co., and Salem Advocate Bar Association v. Union of India, to track the changing support of consensual dispute resolution by the judiciary. The three thematic analytical chapters discuss in turn the legislative framework on which family mediation is based, the jurisprudential history that has influenced its practice, and the institutional obstacles that still limit its efficacy. The chapter concludes that, although mediation has significant transformative potential in humanising the resolution of family disputes, its effectiveness depends on specific institutional changes, such as professionalisation of mediators, establishment of a strong regulatory oversight authority, and incorporation of trauma-informed frameworks into mediation practice. The chapter ends with a set of policy and legislative reform recommendations that will help to solidify the role of mediation as a valid, culturally acceptable, and constitutionally viable component of family justice in India.

    Keywords

    Mediation; Family Law; Alternative Dispute Resolution; Section 89 Code of Civil Procedure; Matrimonial Disputes; Mediation Act 2023