Category: Volume 6 and Issue 9 of 2026

CYBER FRAUD LAWS IN INDIA AND THE UNITED STATES: A COMPARATIVE STUDY

AUTHOR – MR. KANAV BHARDWAJ, LLM STUDENT AT GALGOTIAS UNIVERSITY

BEST CITATION – MR. KANAV BHARDWAJ, CYBER FRAUD LAWS IN INDIA AND THE UNITED STATES: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 261-268, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I931

Abstract

The compounding growth of online transactions and reliance on network technologies has greatly raised cyber fraud in jurisdictions. India and the United States are two of the largest digital economies globally that have common yet distinct challenges in controlling cybercrimes. In this paper, a comparative study was made on the statutory systems, enforcement strategies, institutional frameworks, and adjudicatory systems of cyber fraud in both countries. Although India mostly employs the Information Technology Act, 2000 and the Indian Penal Code (recovery to the Bharatiya Nyaya Sanhita, 2023), in the United States the combination of the federal statutes (like Computer Fraud and Abuse Act, Wire Fraud Statute, state-based laws) are employed. The convergences noted in the study include criminalisation of unauthorised access, identity theft and financial fraud, whereas divergences occur following different constitutional cultures, enforcement ability and regulatory ideologies. The paper ends with a policy recommendation that will synchronize legal remedies, augment cross-border collaboration or coordination, and perpetuate victim-focused remedies.

A STUDY ON THE LIVING ENVIRONMENTAL IMPACTS OF EXCESSIVE USAGE OF MOBILE PHONES IN INDIA AN ANALYSIS

AUTHOR – I. MURALITHARAN, B.SC. M.S.W. M.L., PH.D., IN LAW (PURSUING), ASSISTANT PROFESSOR OF LAW, GOVERNMENT LAW COLLEGE, VILLUPURAM-605 602, TAMIL NADU

BEST CITATION – I. MURALITHARAN,A STUDY ON THE LIVING ENVIRONMENTAL IMPACTS OF EXCESSIVE USAGE OF MOBILE PHONES IN INDIA AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 252-260, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I930

ABSTRACT

            In the digital world of the LPG era, it is an undeniable reality that no one can exist without a mobile phone yet that very mobile phone has come to dominate our lives mothers are raising their children by using mobile phones even resorting to showing them the screen merely to facilitate breastfeeding immediately after birth.  Furthermore, parents’ hand over mobiles to their children so that they can attend their domestic chores freely and without interruption.  We have become so addicted to mobile phones that we suffer from a psychological dependency so severe that we feel we cannot survive without them.  This phenomenon is spreading among the public like a virus and has emerged as a global crisis, giving rise to what is known as mobile phone pollution” to break free from this situation it is imperative that we establish a strict daily limit for mobile phone usage and adhere to it in India 1.2 billons^[1] mobile phones Users and 600 million smartphones users are using mobile phones. Environmental degradation is occurring through excessive mobile phones & smart phone usages are affecting the family system, study, transportation, working places, residential area, and public places environments.  8 of 10 women in the family are using mobile & smart phones due to this woman are getting into inappropriate relationships with others and women through the mobile smart phones and the family structure is being disrupted and many people are losing their lives.

Similarly, Students are using mobiles improperly in school, college campuses and classrooms which is disrupting the study of environment of educational institutions and causing them to mis out on their studies.  Drivers who do not follow the traffic rules and talk on their cell phones which driving two, four wheelers heavy vehicles continue to cause road accidents resulting in injuries and fatalities During long journey on buses and trains the mobile smart phones, accompanied by loud noise, disturbing other passengers preventing them from sleeping peacefully at nights, thus deteriorating the travel environments.  In private and public organisations employees leave their work for non-work-related matters and use mobile smarts phones loudly in the office.  Thus, deteriorating the office environment.  In public places like road, teashop, bus stop, theatres, court, library, hospitals and educational institutions.  They talk on the mobile smart phones loudly for long hours causing noise pollution in the silence zone and disturbing public places.

I am publishing this research article to create awareness among the student’s youth, women and the general public regarding the determination of limits on how long one should use a mobile phone as well as the specific areas where mobile phones usage is strictly prohibited.  This addresses the impact of excessive mobile phone usage on various aspects of human life including family dynamics, workplace environments educational settings, public spaces and travel environments as well as the environment hazard posed by mobile phone towers located in residential areas further it examines the legal remedies available for crimes that may arise from excessive use of mobile phones in public places.

Keywords:  Mobile phones pollutions, cell phone addiction, excessive usage of cell phones, prohibited or restricted areas of usage of cell phones, noise pollution, mobile phone towers, public spaces, travel environment, workplace environment, grave misconduct, clock room, cell phone booths.

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[1] Pib.gov.in/press Released Secretly, Ministry of information, Broad casting shriapurvachandra addresses first world media Congress on 16 November 2022.

THE LEGAL STUDY OF WAR CRIMES AND SELF-DEFENCE IN MODERN CONFLICTS UNDER INTERNATIONAL LAW

AUTHOR – KAMRAN ASHRAF* & ANUJ SETHI**

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

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

BEST CITATION – KAMRAN ASHRAF & ANUJ SETHI, THE LEGAL STUDY OF WAR CRIMES AND SELF-DEFENCE IN MODERN CONFLICTS UNDER INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 246-251, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The self-defence doctrine in Article 51 of the United Nations Charter was initially established when majority of conflicts were physical, state inspired and limited to definite territories. However, with hybrid war (cyber attacks, manipulation of information, proxy militias and coercion with the economy, etc.), the nature of hostilities has completely changed. This paper will claim that hybrid warfare is challenging the traditional means of self-defence in international law.

What passes as an armed attack, the study postulates, is very grey when states take part in non-kinetic or non-intensive operations that fail to apply conventional force but still cause strategic harm. The attribution is also a pain; when a nation is using a non-state actor or an unidentified group of hackers, it is hard to pin down who to attack and this simply makes legal self-defence more difficult. Hybrid tactics electrically blur the perspective of peacetime aggression and actual war and therefore the dilemmas of proportionality and necessity emerge when a state is contemplating defensive actions along the various platforms.

The article indicates that existing legal norms, such as the case law of the ICJ, and the UN Charter, are slowly losing touch with the present-day reality of conflicts. It recommends that in order close these gaps, there should be clear definition of cyber attacks under international norms, that attribution standards should be tightened as well as new mechanisms put in place to hold states accountable in relation to hybrid operations operated by proxies. Simply put, the paper emphasizes that flexible, logically interrelated, interpretation of self-defence is necessary that maintains international law as regulatory, balanced and is able to address the changing face of modern warfare.

CLIMATE-INDUCED DISPLACEMENT AND THE LIMITS OF THE 1951 REFUGEE CONVENTION: NEED FOR A NEW INTERNATIONAL LEGAL CATEGORY

AUTHOR – SHASHWAT* & VATSAL CHAUDHARY**

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

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

BEST CITATION – SHASHWAT & VATSAL CHAUDHARY, CLIMATE-INDUCED DISPLACEMENT AND THE LIMITS OF THE 1951 REFUGEE CONVENTION: NEED FOR A NEW INTERNATIONAL LEGAL CATEGORY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 240-245, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of climate change is causing the migration of many individuals around the globe seriously. The rise of the sea level increases storm, drought, and bad weather, and this causes millions of people to relocate in case they need to be safe. Although it is a large matter, the existing international refugee policies particularly the 1951 Refugee Convention do not particularly consider individuals who are displaced due to the surrounding environment. The Convention primarily targets individuals who have escaped persecution due to race, religion, nationality, politics, or even a social group; hence climate refugees do not enjoy the protection under this Convention. This loophole in the law poses a genuine difficulty in providing climate-displaced individuals with their rights and assistance. In this paper I take a closer look at the inefficiencies of the 1951 Convention and will urge that we require a new category or framework of legal framework that actually acknowledges and safeguards climate migrants under the current international law.

RECONCILING DEVELOPMENT AND INDIGENOUS AUTONOMY: A CRITICAL ANALYSIS OF THE FOREST RIGHTS ACT, 2006

AUTHOR – RITIKA GUPTA* & PROF. UJJWAL KUMAR**

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

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

BEST CITATION – RITIKA GUPTA & PROF. UJJWAL KUMAR, RECONCILING DEVELOPMENT AND INDIGENOUS AUTONOMY: A CRITICAL ANALYSIS OF THE FOREST RIGHTS ACT, 2006, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 234-239, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

One such revolutionary legislation is Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act, 2006), which is intended to right historic injustices against forest-living Scheduled Tribes, and other traditional forest communities, in India. This paper addresses the conflict between the development and the autonomous choice of indigenous people in the context of the Act critically. Although, the law acknowledges the existence of community and individual rights on forest land and resources, its enforcement has indicated a lot of challenges, which include obstacles in the bureaucracy, clashes with the community conservation policies, and the conflicting development agendas like the mining industry and the development of infrastructure. The article assesses the effectiveness of the Act in empowering indigenous communities or is it a form of limitation by its structure and institutions. Through interpretation of judgment cases, policy trends, and realities on the ground, the paper asserts that to balance development and self-sufficiency of indigenous people, a more participatory, rightful approach must be adopted that places greater emphasis on community approval and sustainable methods of governance.

“EVOLVING JURISPRUDENCE UNDER THE PMLA: AN ANALYSIS OF JUDICIAL EXPANSION OF ENFORCEMENT POWERS IN INDIA”

AUTHOR- ANUBHAV KUMAR PRAJAPATI* & AMBAR SRIVASTAVA**

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

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

BEST CITATION – ANUBHAV KUMAR PRAJAPATI & AMBAR SRIVASTAVA,“EVOLVING JURISPRUDENCE UNDER THE PMLA: AN ANALYSIS OF JUDICIAL EXPANSION OF ENFORCEMENT POWERS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 224-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The PMLA, 2002 (PMLA) was basically an anti, money, laundering legislation that after the intervention of the judiciary, by way of interpretation, expanded the scope and powers of the ED drastically and thus, has become one of the most stringent frameworks for enforcement in India. The courts, by way of judicial pronouncements and most importantly by the judgment in the matter of Vijay Madanlal Choudhary v. Union of India, have sustained the broad powers of the ED which included the secrecy of the ECIR, the bail being granted under strict conditions as per Sec 45, the statements recorded under Section 50 being judicially recorded and a vast network for attachment and confiscation being envisaged by the ED. These verdicts are meant to improve India’s adherence to the worldwide AML standards. However, they provoke a significant number of questions about due process, presumption of innocence, proportionality, as well as the risk of misuse of the authority side, to be raised under constitutional law. Opponents maintain that the court’s decisions in favour of the ED have allowed the creation of a system that is heavy on enforcement but has very few procedural safeguards. This article reflects on how the case law has led to the increased powers of the ED, whereby the ED can act without many restrictions. It also points out the constitutional issues that arise with this expansion of ED powers and further evaluates if the current interpretive trajectory is able to strike a balance between national security objectives and fundamental rights satisfactorily. The article ends with a proposal for the PMLA to be reformed so as to ensure a more transparent, accountable, and rights, centric enforcement regime.

“SOCIAL JUSTICE AND SOCIAL SECURITY FOR UNORGANISED WORKERS: A LEGAL STUDY OF THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008 AND THE CODE ON SOCIAL SECURITY, 2020”

AUTHOR – RUDRANSH MONDAL* & DR. KHALEEQ AHMAD**

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

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

BEST CITATION – RUDRANSH MONDAL & DR. KHALEEQ AHMAD A, “SOCIAL JUSTICE AND SOCIAL SECURITY FOR UNORGANISED WORKERS: A LEGAL STUDY OF THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008 AND THE CODE ON SOCIAL SECURITY, 2020”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 214-223, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The​‍​‌‍​‍‌​‍​‌‍​‍‌ unorganised sector makes up almost 90 percent of the Indian workforce but its access to social security is still fragmented, insufficient, and mostly non-enforceable. Social justice for such a huge number of workers requires a strong legal framework that goes beyond welfare schemes and towards rights-based entitlements. This paper closely looks at the Unorganised Workers’ Social Security Act, 2008 (UWSSA), and the Code on Social Security, 2020 (SS Code) to see whether these legal provisions align with the constitutional mandate under Articles 14, 21, 38, 39, 41 and 43.

The 2008 Act was a landmark in recognising unorganised workers but had weak institutional design, ineffective registration mechanisms, and lacked a mandatory employer liability provision, hence it had limited real-world impact. The Social Security Code, 2020 tries to fill these holes by consolidating labour laws, increasing coverage, launching digital registration, and formally recognising gig and platform workers for the first time. Nevertheless, there remain issues such as ambiguous definitions, voluntary nature of most benefits, lack of financing, and enforcement mechanisms.

By doctrinal analysis, case law review, and policy comparison, this article contends that the 2020 Code is a step forward, but still not enough to fully realize the constitutional vision of social justice. The paper suggests reforms that aim at strengthening rights-based entitlements, ensuring portability of benefits, specifying employer responsibilities, and facilitating access of migrant and gig workers to create a socially secure India that is fair and ​‍​‌‍​‍‌​‍​‌‍​‍‌inclusive.

CRYPTOCURRENCY EXCHANGES AS “DIGITAL GATEKEEPERS”: NEED FOR A COMPETITION FRAMEWORK UNDER THE COMPETITION ACT, 2002

AUTHOR – PRATYUSH* & MR. KHALEEQ AHMAD**

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

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

BEST CITATION – PRATYUSH & MR. KHALEEQ AHMAD, CRYPTOCURRENCY EXCHANGES AS “DIGITAL GATEKEEPERS”: NEED FOR A COMPETITION FRAMEWORK UNDER THE COMPETITION ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 204-213, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid emergence of crypto exchanges in India has revolutionized the digital financial environment. These exchanges serve as the primary intermediaries between users and crypto assets. The rapid growth in trading volume and expansion of exchanges beyond simple trading platforms into wallets, payment gateways, and token issuance, are bestowing “digital gatekeeper” characteristics upon these platforms akin to major tech firms. The issues pertaining to competition law and the growing gatekeeper role, within the Competition Act of 2002 are serious in nature relating primarily to market definition, assessment of dominance, and possible exploitative or exclusionary practices of the firms. Practices such as self- preferencing of token listings, discriminatory access to liquidity, predatory pricing, high switching costs and the exploitation of customer data for a competitive advantage, highlight the problematic nature of crypto markets and necessitate a bespoke competition framework for them.

The existing Indian regulatory landscape is still divided between different authorities-the RBI, SEBI, MeitY, and CCI have competing jurisdictions with no definitive classification of crypto assets as goods, securities or digital commodities. Furthermore, the traditional ex-post competition enforcement framework under the Competition Act 2002, has not fully managed to address innovative practices like algorithmic trading, network effects, rapid market concentration of crypto platforms, and therefore there is an increased emphasis on developing proactive ex-ante frameworks, similar to the EU’s Digital Markets Act or the UK’s Digital Markets Unit.

In this article, a separate competition policy regime for Indian crypto exchanges is suggested which would implement measures like transparency obligations, interoperability mandating, data portability, and stricter merger controls to address the misuse of power by gatekeepers, promote consumer welfare, and maintain an innovative and competitive digital finance sector.

Keywords: Cryptocurrency Exchanges, Digital Gatekeepers, Competition Law, Blockchain Regulation, Competition Act, 2002

THE EVOLUTION OF AIR LAW: COMPARATIVE LEGAL FRAMEWORK GOVERNING UAVS IN INDIA, USA, AND TURKEY

AUTHOR – DEVENDER YADAV* & DR. ANIL DIXIT**

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

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

BEST CITATION – DEVENDER YADAV & DR. ANIL DIXIT, THE EVOLUTION OF AIR LAW: COMPARATIVE LEGAL FRAMEWORK GOVERNING UAVS IN INDIA, USA, AND TURKEY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 197-203, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Unmanned Aerial Vehicles (UAVs) or drones have been rapidly developed and have revolutionized the modern aviation industry with new possibilities in commerce, surveillance, agriculture, logistics, disaster management, and defensive purposes. Nevertheless, their growing adoption have presented complicated law enforcement issues associated with aircraft sovereignty, privacy, safety, liability, and national security. The conventional air law systems that were developed through the instrumentation of the Chicago Convention, which was aimed at manned aircrafts, has been forced to change to incorporate the autonomous and remotely piloted systems. This paper will be discussing the comparative legal frameworks of UAVs in India, United States and Turkey. It examines regulatory advances, licensing frameworks, operation controls, privacy protection, and enforcement tools that have been embraced in these jurisdictions. The analysis of the differences and similarities between the focus on innovation and security and safety of the people is identified in the study. It proposes that the key to ensuring sustainable development of the drone technology in the domestic and international aviation law is harmonized and adaptive regulations of UAVs.

BIOMETRIC SOVEREIGNTY AND CONSTITUTIONAL BORDERS: THE RIGHT TO PRIVACY AND THE AADHAAR SCHEME IN INDIA

AUTHOR – GOPESH* & DR. UJJWAL KUMAR SINGH**

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

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

BEST CITATION – GOPESH & DR. UJJWAL KUMAR SINGH,BIOMETRIC SOVEREIGNTY AND CONSTITUTIONAL BORDERS: THE RIGHT TO PRIVACY AND THE AADHAAR SCHEME IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 189-196, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In this chapter, the author discusses the constitutional conflict between the Aadhaar scheme in India, the largest biometric identification programme in the world that has registered more than 1.3 billion residents of the country, and the right to privacy as unanimously enshrined by a nine-judge bench of the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1. The chapter uses a doctrinal-analytical approach to trace the constitutional history of informational privacy since the early controversial decisions of M.P. Sharma v. Satish Chandra, (1954) SCR 1077 and Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295, up to the Puttaswamy trilogy and the later statutory developments. This analysis questions the three-fold test of Puttaswamy proportionality – including legality, legitimate aim, and proportionality – against the structural design of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the struck-down Section 57, the disputed classification of money bill, and the progressive expansion of the scheme beyond its original welfare purpose. The chapter also evaluates the Digital Personal Data Protection Act, 2023 as a legislative effort to address the post-Puttaswamy constitutional imperative in India, with key weaknesses in the sensitive data classification, its broad national security exception and the institutional independence of the proposed Data Protection Board. The EU experience under the General Data Protection Regulation and European Court of Human Rights jurisprudence help highlight the disconnect between the constitutional aspirations of India and its current regulatory situation. The chapter ends by making specific legislative reform and independent institutional design recommendations to make sure that Aadhaar is not working outside the constitutional permissible limits.

Keywords: Right to Privacy; Aadhaar; Biometric Data; Informational Privacy; Puttaswamy; DPDP Act 2023; Proportionality; Surveillance State