LIJDLR

Volume III Issue I

DECRIMINALIZING ENVIRONMENTAL OFFENSES: IMPLICATIONS OF REMOVING PENALTY PROVISIONS IN INDIAN ENVIRONMENTAL LAW

Volume III Issue I /

DECRIMINALIZING ENVIRONMENTAL OFFENSES: IMPLICATIONS OF REMOVING PENALTY PROVISIONS IN INDIAN ENVIRONMENTAL LAW Arunkumar, 1st Year LLM – Cyber Space Law & Justice student at Tamil Nadu, Dr. Ambedkar Law University Dharshini, 1st Year LLM – Cyber Space Law & Justice student at Tamil Nadu, Dr. Ambedkar Law University Download Manuscript doi.org/10.70183/lijdlr.2024.v03.11 The decriminalization of environmental offenses in India has sparked intense debate among policymakers, legal experts, and environmental advocates. This study examines the implications of removing penalty provisions from key environmental laws such as the Environment Protection Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. The study critically examines the rationale behind decriminalization, its potential impact on compliance and deterrence, and whether alternative enforcement mechanisms such as administrative penalties, restorative justice, and economic incentives can effectively replaces criminal sanctions. Drawing on case studies, global practices, and empirical data, this study highlights the challenges and opportunities posed by the policy shift, offering recommendations for a balanced and sustainable regulatory framework. The findings aim to contribute to the ongoing discourse on modernizing environmental governance in India without compromising ecological and public health priorities. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 203-243. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE INTERSECTION OF PSYCHOLOGY AND LAW: ENHANCING LEGAL PRACTICE THROUGH PSYCHOLOGICAL INSIGHTS

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THE INTERSECTION OF PSYCHOLOGY AND LAW: ENHANCING LEGAL PRACTICE THROUGH PSYCHOLOGICAL INSIGHTS Syed Naiyla Hamdani, B.A.LL.B 10th semester student at Vitasta school of law and humanities. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.10 This paper explores the intersection of psychology and law, demonstrating how psychological knowledge can enhance legal practice. It examines how understanding human behavior, emotional abuse, and mental states can help lawyers in various aspects, including client relationships, courtroom representation, and negotiation. The study discusses how psychological principles can aid in building trust with clients, improving argumentation, and enhancing persuasion techniques such as mirroring. Additionally, it highlights the role of psychology in stress management, helping lawyers navigate the emotional challenges of their profession. By integrating psychological insights, legal professionals can improve their advocacy skills, negotiation strategies, and overall effectiveness in the legal field. Psychology and law may appear unrelated, but psychology plays a crucial role in the legal field. A deeper understanding of psychology can enhance legal decision-making, aid in comprehending criminal behaviour, and offer significant advantages to legal professionals. This study explores how psychological insights can benefit a lawyer both personally and professionally. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 190-202. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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ILLEGAL SAND MINING IN INDIA

Volume III Issue I /

ILLEGAL SAND MINING IN INDIA Aishwarya G,KSLU Download Manuscript doi.org/10.70183/lijdlr.2024.v03.9 India is a mega-diverse geographical country. Our environmental contribution to its rich biodiversity is protected by our strong legal framework. Despite its richness, we face multiple threats and challenges to our environmental sustainability. One among them is illegal sand mining, due to which environmental sustainability is affected and leads the invaluable assertions on economic & ecological growth. Here, as a socially ethical member of the society, we are discussing the efforts to curb illegal sand mining and balance ecological preservation for sustainable growth of the environment and examining the repercussions and other socio dynamics as the involvement of sand mafias. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 178-189. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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NAVIGATING THE LEGAL LABYRINTH: ETHICAL AND JURISPRUDENTIAL CHALLENGES OF NON-CONSENSUAL CELEBRITY IMPERSONATION THROUGH DEEPFAKE TECHNOLOGY

Volume III Issue I /

NAVIGATING THE LEGAL LABYRINTH: ETHICAL AND JURISPRUDENTIAL CHALLENGES OF NON-CONSENSUAL CELEBRITY IMPERSONATION THROUGH DEEPFAKE TECHNOLOGY Mofarreha Firdaus, Student at Jamia Millia Islamia, New Delhi Download Manuscript doi.org/10.70183/lijdlr.2024.v03.8 Deepfake technology, fueled by advancements in artificial intelligence, has dramatically transformed the way of highly realistic audiovisual content. While, it was initially celebrated for its applications within entertainment, education, and creative media, this technology has raised significant concerns related to its misuse, particularly in the unauthorized impersonation of the celebrity. The inappropriate utilization of a celebrity’s likeness or voice to produce misleading or harmful content infringes privacy, damages reputations, and erodes public confidence in the authenticity of the media. This research paper seeks to evaluate the possible breaches of privacy, defamation, and right to publicity laws that arise from non-consensual impersonation via deepfake technology. It evaluates whether current legal mechanisms offer sufficient protection for celebrities against such abuses and critically reviews the judicial precedents related to similar matters. By employing a qualitative and analytical approach, the study investigated both national and international legal frameworks, judicial decisions, and ethical standards to gauge their effectiveness in tackling these issues. Additionally, it underscores the immediate requirements for more stringent regulations, clearer definitions regarding privacy, and collaborative global enforcement mechanisms to mitigate the risks posed by deepfakes, while also stressing the importance of ethical responsibility in the time of technological progress. In Douglass v. Hustler Magazine, the U.S. Court of Appeal opined that the publication was violative of an individual’s right to privacy and right to publicity, reinforcing that the person has control over their likeness. Further, in Khushwant Singh v. Maneka Gandhi, the court recognized that publishing unauthorized content about an individual, especially if it affects their reputation, and privacy, can be legally challenged. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 156-177. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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AUDI ALTERAM PARTEM AND BEYOND: NATURAL JUSTICE PRINCIPLES IN THE UNITED KINGDOM AND INDIA

Volume III Issue I /

AUDI ALTERAM PARTEM AND BEYOND: NATURAL JUSTICE PRINCIPLES IN THE UNITED KINGDOM AND INDIA Shubham Rohila, LLM (Business & Corporate Law), GNLU, Gandhinagar. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.7 The principles of natural justice, encapsulated in the maxims Audi Alteram Partem (right to a fair hearing) and Nemo Judex in Causa Sua (rule against bias), serve as foundational pillars of procedural fairness in common law systems. This article undertakes a comparative analysis of these principles in the United Kingdom and India, tracing their evolution from common law origins to their constitutional and jurisprudential significance in contemporary governance. In the UK, landmark cases such as Ridge v Baldwin (1964)[1] and Dimes v Grand Junction Canal (1852)[2] established the necessity of fair hearings and impartial adjudication, reinforcing procedural integrity in administrative actions. India’s judiciary, however, has uniquely constitutionalized natural justice through expansive interpretations of Articles 14 (equality) and 21 (life and liberty) of the Constitution, as exemplified in Maneka Gandhi v Union of India (1978)[3] and A.K. Kraipak v Union of India (1970)[4]. The study identifies divergent challenges: the UK grapples with balancing national security imperatives against fairness, while India confronts systemic judicial delays and accessibility barriers for marginalized communities. Emerging issues such as AI-driven decision-making and globalization’s impact on cross-border justice are critically examined, highlighting risks to transparency and accountability. The article argues that India’s constitutional framework fosters judicial activism, extending natural justice to administrative realms, whereas the UK adopts a restrained approach, particularly in security-sensitive contexts. Recommendations include mandating algorithmic transparency, strengthening tribunal reforms, and harmonizing domestic practices with international human rights norms. By bridging historical jurisprudence with modern governance challenges, this analysis underscores the enduring relevance of natural justice in safeguarding equity, impartiality, and public trust across evolving legal landscapes. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 123-155. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BALANCING PUNISHMENT AND SUPPORT: AN ANALYSIS OF THE JUVENILE JUSTICE SYSTEM

Volume III Issue I /

BALANCING PUNISHMENT AND SUPPORT: AN ANALYSIS OF THE JUVENILE JUSTICE SYSTEM Avantika Sahni, IILM University, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.6 This paper examines the issues and potential solutions surrounding the rehabilitation and punishment of young offenders by examining different legal frameworks in India. Also, it analyses landmark cases that have shaped legal and public perceptions, highlighting the complexity of juvenile crime and its consequences. The rise in juvenile delinquency in India is a significant problem that calls for effective measures. The government has created several laws, acts, and guidelines to help reduce violence among young people, but these efforts have not been that effective. This might be due to the current laws regarding minors, which do not adequately prevent delinquent behavior, and the lack of proper services and rehabilitation programs. In India, the way children and adults are treated for crimes has been different for a long time. This practice started even before British laws were in place. Hindu and Islamic traditions both had specific guidelines for punishing minors, understanding that children are not as accountable as adults. Solving this major legal and social problem will be a joint effort that includes not only government bodies but also the community, parents, the general public, and other involved parties. A coordinated approach from all these groups is vital in order to eliminate this issue from the root and successfully addressing this problem will benefit the nation’s growth and future development. The Juvenile Justice System is a dynamic and extensive framework used globally to support the overall growth of children. This aims to analyze and explore the historical development, current challenges, and future directions of the juvenile justice framework in India, particularly in light of recent legislative changes and social dynamics. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 106-122. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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JUSTICE DELAYED, JUSTICE DENIED: THE INTERSECTION OF PRE-TRIAL DETENTION AND ITS IMPACT ON UNDERTRIALS

Volume III Issue I /

JUSTICE DELAYED, JUSTICE DENIED: THE INTERSECTION OF PRE-TRIAL DETENTION AND ITS IMPACT ON UNDERTRIALS Sneha Amarnath Varma, kes shri. Jayantilal h. Patel law college Download Manuscript doi.org/10.70183/lijdlr.2024.v03.5 For Indian inmates awaiting trial, the notion that justice delayed is justice denied is critical. Despite the fact that the Constitution provides the “presumption of innocence unless proven guilty”, a considerable section of the prisoner population is imprisoned for extended periods of time due to judicial delays, insufficient legal representation, and socioeconomic limits. According to the Prison Statistics India 2022 report by the National Crime Records Bureau (NCRB),[1] 434,302 out of 573,220 prisoners are undertrial, making up a significant proportion of the prison population; of these, 23,772 are women, and of these, 76.33% are undertrial prisoners; additionally, 8.6% of the undertrial women have been imprisoned for more than three years.   This study explores the legal system that governs undertrial detainees, focussing on their rights under the Indian Constitution[2], the Code of Criminal Procedure, 1973[3], the Model Prison Manual, and human rights conventions. It distinguishes between convicted and pretrial inmates and emphasizes the abuses of fundamental rights connected with extended pre-trial incarceration. The paper surveys the Supreme Court’s position on speedy trials, bail reforms, and access to legal aid through an analysis of court cases like Hussainara Khatoon v. State of Bihar[4], Khatri vs State of Bihar[5], and Sunil Batra v. Delhi Administration[6]. It also includes issues like overcrowding, custodial violence, and the socioeconomic impact on families of undertrials. In addition, this paper includes the need for systemic changes to protect the rights of inmates awaiting trial, including a strong legal aid system that guarantees prompt and effective legal representation, simplified bail procedures to avoid needless incarceration, and increased judicial supervision to stop arbitrary pre-trial detention. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 78-105. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS

Volume III Issue I /

DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS Kamalpreet Kaur, BABA FARID LAW COLLEGE, PUNJAB Download Manuscript doi.org/10.70183/lijdlr.2024.v03.4 “Privacy is not an option, and it should not be the price we accept for just getting on the Internet.[1].” These words by technology expert Gary Kovacs highlight the growing concerns relating to privacy in this digital age. Privacy is a fundamental human right that allows an individual to live free from unwarranted public attention and interference. On the other hand, there is ‘Digital Surveillance’, the process of monitoring, analyzing, and collecting data relating to the virtual activities of individuals like online communications, social media usage, patterns, behaviors, etc. In this digital era, the internet and technology are growing rampantly and have become an important aspect of almost all spheres of life. This technology is also being used for surveillance by government agencies for various purposes like prevention of crime, national security, etc., and even private entities collect individuals’ data for running advertisement campaigns, preventing fraud, etc. However, such practices also raise concerns about individuals’ privacy as they violate the Right to Privacy, which, although not explicitly mentioned, has been recognized as an integral part of Article 21 of the Indian Constitution. Now, as the popular saying goes, “Excess of anything is bad.” While unchecked surveillance violates privacy rights, absolute privacy can also be misused. Thus, there is a need for a perfect balance between the surveillance and the privacy laws so that the misuse of any of these laws be checked. This paper examines the relationship between digital surveillance and privacy laws in India, assessing the effectiveness of existing legal provisions and their ability to balance security needs with individual freedoms. It also explores judicial perspectives, policy gaps, and potential reforms inspired by international best practices to strengthen privacy protection in the Indian context.   Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 61-77. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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SPIRITUALITY AND CRIME: TRANSFORMING OFFENDERS THROUGH FAITH AND REHABILITATION

Volume III Issue I /

SPIRITUALITY AND CRIME: TRANSFORMING OFFENDERS THROUGH FAITH AND REHABILITATION Er. Mrityunjay Singh, C.M.P. Degree College – University of Allahabad, Prayagraj Download Manuscript doi.org/10.70183/lijdlr.2024.v03.3 Through moral teachings, fear of divine justice, and strong community support, spirituality discourages criminal tendencies and promotes moral development, emotional resilience, and social accountability. This paper explores how spiritual beliefs and practices are both powerful rehabilitative tools for offenders and deterrents to crime. Spirituality has a significant impact on criminal behavior, rehabilitation, and the larger justice system. In the realm of rehabilitation, spirituality offers inmates a pathway to personal transformation through religious programs, meditation, and restorative justice initiatives. Faith-based prison programs and mindfulness techniques have shown significant success in reducing recidivism rates, fostering self-reflection, and promoting emotional regulation among offenders. Case studies, such as the spiritual reformation of Rahul Jadhav from a gangster to a spiritual guide and the Tihar Jail Transformation Program highlight the profound impact of spirituality on individual rehabilitation. Moreover, spiritual engagement fosters a sense of purpose, helping offenders rebuild fractured identities and develop pro-social behaviors that support reintegration into society. Additionally, spirituality shapes attitudes towards punishment, forgiveness, and reintegration, influencing how society views justice.  Nevertheless, there are several obstacles to its incorporation into the criminal justice system, including as worries about religious coercion, a lack of empirical standardisation, and possible abuse by some organisations. This paper argues that while spirituality is not a singular solution to crime, its incorporation into rehabilitation programs can contribute to more humane, effective criminal justice policies. A balanced approach—respecting diverse spiritual perspectives while maintaining evidence-based interventions—can enhance offender reform and promote a justice system centered on redemption, accountability, and societal well-being. Future research should focus on developing standardized frameworks to assess the efficacy of spirituality in crime prevention and rehabilitation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 45-60. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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FEDERAL UNITY V. STATE CREATION: NATIONAL INTEGRITY & CONSTITUTIONAL AUTHORITY IN INDIA

Volume III Issue I /

FEDERAL UNITY V. STATE CREATION: NATIONAL INTEGRITY & CONSTITUTIONAL AUTHORITY IN INDIA Prateek Sharma, KES’ Shri Jayantilal H. Patel Law College, Mumbai. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.2 In India, the formation of new states is both a constitutional and political process considering socio-political and economic factors. The Parliament can reorganize states under Article 3 of the Indian Constitution, but only on the recommendations of the President and with the concurrence of the legislatures of the affected states, on which the Parliament may lawfully override. The States Reorganization Act of 1956 is regarded as the first significant step towards Indian federalism; linguistic regional aspirations were first considered as a federal principle and at the expense of national unity. There are judicial precedents that have supported Parliament’s plenary power in state reorganization, but only where objective criteria are to be applied, such as administrative efficiency, economic viability, etc. The creation of Telangana in 2014, for instance, highlighted modern challenges such as resource allocation, political representation, and the necessity of political consensus, while underscoring the Centre’s role in mediating disputes, ensuring equitable resource distribution, and fostering inclusive governance. However, the creation of new states also raises issues of concern regarding the efficiency of administration, the viability of the economy, and the danger of regionalism leading to regional tensions. For the effective reorganization of states, the local aspirations for the regional identity have to be reconciled with the idea of national integrity, the processes should be transparent and inclusive, and cooperative relations with the State should prevail. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 34-44. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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