LIJDLR

Volume III Issue I

EXPANDING ROLE OF MEDIA ON INDIAN DEMOCRACY IN 21ST CENTURY: A CRITICAL STUDY

Volume III Issue I /

EXPANDING ROLE OF MEDIA ON INDIAN DEMOCRACY IN 21ST CENTURY: A CRITICAL STUDY Yuvraj Singh, 10th semester Student of BA.LLB(H) at Amity Law School, Amity University, Lucknow, India. Dr. Reshma Umair, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.38 Media shapes Indian democracy through relentless engagement with politics, people, and governance. Its role evolved beyond information to mobilisation, accountability, transparency, and citizen empowerment. “Article 19(1)(a) of the Indian Constitution ensures freedom of speech and expression for the press”. Courts have repeatedly reaffirmed media’s centrality to democratic dialogue and constitutional accountability. In “Romesh Thappar v. State of Madras, Supreme Court” held press freedom is essential. The transition from print and radio to television and digital platforms altered democratic discourse. Social media platforms became instrumental in influencing public opinion, elections, and policymaking. They act both as tools for participation and sources of disinformation and manipulation. The 2014 and 2019 Lok Sabha elections showcased social media’s unprecedented political outreach. Yet, excessive media trials have distorted justice as seen in “Manu Sharma v. State (NCT of Delhi)”. While media uncovers corruption, it also succumbs to paid news, TRP wars, and political allegiance. Regulatory frameworks like the “Press Council Act, 1978, and Cable TV Networks Act, 1995,” lack sharp enforcement. The IT Rules, 2021 raised concerns over chilling effects on free speech and editorial freedom. India needs urgent legislative clarity and judicial review of digital regulation under constitutional scrutiny. Democratic ideals demand that media remain free, factual, ethical, and representative of public conscience. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 933-959. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS

Volume III Issue I /

AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS Rama Dutt, Assistant professor, Harlal School of Law, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.37 This research paper examines the evolving intersection of artificial intelligence (AI) and the right to privacy, focusing on how legal systems can reconcile rapid technological innovation with constitutional protections. The paper analyzes key legal frameworks, landmark judgments, and emerging regulatory approaches to AI globally. It also highlights the ethical implications of surveillance technologies, facial recognition, and predictive algorithms. The study concludes by proposing legal reforms and policy strategies to ensure responsible AI deployment that respects fundamental rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 920-932. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BORDERS AND BOUNDARIES: THE DYNAMICS OF MIGRATION AND REFUGEE PROTECTION IN INTERNATIONAL LAW

Volume III Issue I /

BORDERS AND BOUNDARIES: THE DYNAMICS OF MIGRATION AND REFUGEE PROTECTION IN INTERNATIONAL LAW Trisha Gautam, 10th Semester Student at Amity Law School, Lucknow Dr. Sheeba Khalid, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.36 Migration and refugee movements have emerged as defining challenges in international law. The growing tension between state sovereignty and the duty to protect displaced persons calls for nuanced legal frameworks. This research explores the evolution of international refugee law from early conventions to modern human rights protections. It analyzes the role of key international instruments such as “The 1951 Refugee Convention”, “The 1967 Protocol”, and regional agreements like “The OAU Convention and Cartagena Declaration”. Special emphasis is placed on the principle of non-refoulement, a cornerstone norm that faces erosion due to rising nationalism. The paper critically assesses how border security laws, maritime interception practices, and externalization policies violate core human rights norms. Case law from the European Court of Human Rights such as Hirsi Jamaa and Others v. Italy, App No 27765/09 (ECtHR, 2012) demonstrates the tension between border control and refugee rights. India’s legal stance, shaped without a formal refugee law, is scrutinized through landmark judgments like NHRC v. State of Arunachal Pradesh, AIR 1996 SC 1234. The comparative study covers frameworks of the US, EU, and Australia, highlighting protection gaps and emerging trends like climate-induced migration. By examining sovereignty doctrines, extraterritorial jurisdiction, and human rights obligations, the research addresses gaps in protection regimes. It proposes a reimagined balance between national security and human dignity. The urgent need for comprehensive legal reforms, better international cooperation, and reinforcement of humanitarian values are advanced as the way forward. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 893-919. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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JUVENILE JUSTICE SYSTEM: A LEGAL AND SOCIO-ECONOMIC ANALYSIS OF JUVENILE DELINQUENCY

Volume III Issue I /

JUVENILE JUSTICE SYSTEM: A LEGAL AND SOCIO-ECONOMIC ANALYSIS OF JUVENILE DELINQUENCY Ratna Priya, Student of LLM (CRIMINAL LAW), Amity Law School, Amity University, Lucknow, India.. Dr. Shova Devi, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.35 ‘Juveniles’ understanding and maturity are not on par with ‘adults’, so they require a separate legal system. As some of the most vulnerable members of society, children need special care and attention. The juvenile justice system not only offers juveniles a second chance but also provides opportunities for rehabilitation and reform. This paper discusses the history of the juvenile justice system, its various amendments and landmark cases, the socio-economic factors and other causes affecting juveniles, the processes of reformation and rehabilitation, how the juvenile system operates, and the challenges it faces, relevant data on juveniles and the justice system, and issues with the functioning of the JJ Board and police investigations. Since the future of the country depends on the physical and mental health of its children, it is the duty of the state to provide children with proper care and protection. It is essential to address fundamental problems, including sociological, psychological, and economic difficulties, to effectively rehabilitate and reform young people. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 869-892. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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EVOLVING PARADIGMS OF CRIMINAL LAW IN CONTEMPORARY INDIA: CHALLENGES, REFORMS, AND THE QUEST FOR JUSTICE IN A DIGITAL AGE

Volume III Issue I /

EVOLVING PARADIGMS OF CRIMINAL LAW IN CONTEMPORARY INDIA: CHALLENGES, REFORMS, AND THE QUEST FOR JUSTICE IN A DIGITAL AGE Aryaman Jaiswal, 10th semester, BBA.LLB(H) Student at Amity University Lucknow Campus. Shaiwalini Singh, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.34 This research paper examines the evolving paradigms of criminal law in contemporary India, focusing on legislative reforms, judicial interpretations, and the impact of technology. It critically analyses the transition from colonial frameworks under the Indian Penal Code, 1860, to the recent enactments of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), 2023. The paper explores how these reforms address emerging crimes such as cyber offenses and terrorism, while integrating victim-centric approaches and digital evidence standards. It evaluates judicial responses to technological advancements, human rights considerations, and global comparative trends, including restorative justice and sentencing guidelines. The research underscores persistent challenges in enforcement, judicial delays, and forensic capacity, offering policy recommendations grounded in international best practices. The analysis reveals a complex interplay between tradition and modernity in India’s criminal justice system, advocating for holistic reforms to ensure fairness, efficiency, and alignment with constitutional mandates in the digital age. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 839-868. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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PRESSING NEED FOR REFORMING ARCHAIC LEGAL PROVISIONS OF CRIMINAL LAW AND SPEEDY JUSTICE IN INDIA

Volume III Issue I /

PRESSING NEED FOR REFORMING ARCHAIC LEGAL PROVISIONS OF CRIMINAL LAW AND SPEEDY JUSTICE IN INDIA Abhay Gupta, 10th semester, BBA.LLB(H) Student at Amity University Lucknow Campus. Shaiwalini Singh, Assistant Professor at Amity University Lucknow campus. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.33 The criminal justice system of India operates within the confines of colonial-era statutes that no longer align with contemporary constitutional values. Despite the country’s progress, critical criminal laws like the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act continue to embody outdated principles focused on control rather than rights protection. This paper critically examines the persistence of archaic legal provisions and their contribution to the delay in justice delivery. It evaluates the new legislative attempts through the Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, highlighting the gaps and opportunities these reforms present. Drawing comparative insights from jurisdictions like the United States, United Kingdom, Canada, Singapore, and Germany, the study identifies best practices that could guide India’s reform journey. It argues for systemic changes including statutory timeframes, judicial capacity building, technology integration, forensic upgrades, and stronger victim protection mechanisms. The study concludes that decolonizing criminal law must go beyond symbolic renaming and must aim at achieving substantive fairness, efficiency, and human dignity. Only through comprehensive, sustained, and inclusive reforms can the promise of speedy justice under the Indian Constitution become a reality. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 807-838. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE ROLE OF COMMITTEE OF CREDITORS (COC) IN SHAPING RESOLUTIONS

Volume III Issue I /

THE ROLE OF COMMITTEE OF CREDITORS (COC) IN SHAPING RESOLUTIONS Nikhil Rawat, LL.M. (Corporate Banking & Insurance), Amity Law School, Noida (U.P.) Dr Amit Dhall, Assistant Professor, Amity Law School, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.32 The advent of the Insolvency and Bankruptcy Code, 2016 (IBC) in India marked a seminal shift in how financial distress is addressed. At the heart of this reform lies the Committee of Creditors (CoC), a body tasked with steering the Corporate Insolvency Resolution Process (CIRP). This paper critically examines the role of the CoC in shaping corporate resolutions, balancing creditor rights with debtor protections, and influencing the efficiency and outcomes of the insolvency process. Through an analysis of statutory frameworks, landmark judicial decisions, and practical implications, the paper reveals the evolving jurisprudence and real-world dynamics surrounding the CoC’s decision-making authority. It argues for a more nuanced understanding of commercial wisdom, transparency, and accountability, especially in light of the increasing scrutiny by courts and stakeholders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 787-806. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CRITICAL ANALYSIS OF PROBLEMS OF WITNESSES IN CRIMINAL JUSTICE SYSTEM IN INDIA

Volume III Issue I /

CRITICAL ANALYSIS OF PROBLEMS OF WITNESSES IN CRIMINAL JUSTICE SYSTEM IN INDIA Tanu Rajput, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Anupriya Yadav, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.31 The integrity and safety of witnesses are crucial to the legitimacy and efficacy of any criminal justice system. Threats, intimidation, harassment, postponed trials, and a lack of institutional protection are just a few of the many difficulties that witnesses in India frequently encounter; these issues jeopardise the administration of proper justice. This research assesses the efficacy of recent law reforms while critically analysing the systemic issues witnesses encounter inside the Indian criminal justice system. The Indian legal system has entered a transformative phase with the replacement of colonial-era laws by the Bharatiya Sakshya Adhiniyam (BSA), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically the Indian Evidence Act, Indian Penal Code, and Code of Criminal Procedure. This paper looks at how these recent laws handle long-standing concerns about credibility, examination, and witness protection. The study investigates the shortcomings of the existing safeguards, the influence of hostile witnesses, and procedural bottlenecks. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 772-786. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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HEATING UP: THE EVOLVING ROLE OF INTERNATIONAL LAW IN THE CLIMATE CRISIS

Volume III Issue I /

HEATING UP: THE EVOLVING ROLE OF INTERNATIONAL LAW IN THE CLIMATE CRISIS Harsh Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Aradhana Yadav, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.30 The accelerating climate crisis poses unprecedented legal and governance challenges that transcend national boundaries. This paper critically examines the evolving role of international law in addressing climate change, focusing on the transition from early voluntary commitments to structured frameworks like the Kyoto Protocol and the Paris Agreement. It explores how these legal instruments balance sovereignty with the pressing need for global cooperation. Particular attention is given to enforcement mechanisms, including transparency frameworks, compliance committees, and the emerging role of climate litigation in domestic and international courts. The study also delves into the intersections of climate change law with other legal regimes such as human rights, trade, biodiversity, and investment law, assessing the synergies and conflicts that arise in global climate governance. The role of soft law instruments and customary international law in supplementing formal treaty obligations is analyzed, highlighting the dynamic and multifaceted nature of climate governance. This research emphasizes the need for cohesive legal frameworks that integrate environmental, social, and economic considerations while fostering accountability and justice. It concludes by identifying gaps in current legal mechanisms and suggesting pathways for enhancing international law’s role in combating the climate crisis. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 742-771. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION

Volume III Issue I /

BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION Rajarshi Tripathi, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Parishkar Shreshth, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.29 This research paper examines the evolving legal landscape governing outer space activities in an era of unprecedented commercial and military expansion beyond Earth’s atmosphere. It analyzes the foundational principles established during the Cold War through the Outer Space Treaty and subsequent conventions, while highlighting their limitations in addressing contemporary challenges. The paper explores critical jurisdictional questions regarding territorial claims, flag state authority, and criminal jurisdiction in the absence of traditional sovereignty. It investigates the legal complexities surrounding commercial exploitation of celestial resources, space traffic management, debris mitigation, and private actor participation. The militarization of space receives particular attention, analyzing the ambiguities in international law regarding weapons placement and military activities. The study identifies significant gaps in dispute resolution mechanisms and proposes adaptive governance frameworks to address emerging issues. By examining these interconnected regulatory challenges, the paper contributes to developing a coherent legal approach that balances commercial development, security concerns, environmental sustainability, and equitable access as humanity expands into the final frontier. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 715-741. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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