LIJDLR

Volume III Issue I

BRIDGING LAW AND FINANCE: THE ROLE OF LEGAL INSTITUTIONS IN FINANCIAL RECOVERY MECHANISMS

Volume III Issue I /

BRIDGING LAW AND FINANCE: THE ROLE OF LEGAL INSTITUTIONS IN FINANCIAL RECOVERY MECHANISMS Shaily Gupta, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Jyotsana Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.28 This paper examines the critical intersection of legal institutions and financial recovery mechanisms in India’s evolving economic landscape. It analyzes how the Insolvency and Bankruptcy Code (IBC) of 2016 transformed creditor-debtor dynamics by creating a unified framework for resolution, while highlighting persistent challenges in implementation including judicial delays and institutional bottlenecks. The research explores the complementary roles of SARFAESI Act, Debt Recovery Tribunals, and regulatory frameworks established by the RBI and SEBI in facilitating debt recovery and financial stability. Through analysis of landmark judicial decisions, the paper reveals how courts have maintained a delicate balance between creditor rights and constitutional protections for debtors. Comparative examination of international insolvency regimes provides insights for potential reforms, particularly regarding cross-border insolvency and sector-specific frameworks. The study concludes that while significant legal advancements have occurred, India must address institutional capacity constraints, adopt the UNCITRAL Model Law on Cross-Border Insolvency, and develop pre-insolvency mechanisms to enhance recovery outcomes and systemic stability. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 682-714. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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NAVIGATING CYBERCRIME IN INDIA: LEGAL COMPLEXITIES, ENFORCEMENT DYNAMICS, AND EMERGING CHALLENGES IN A DIGITALLY CONNECTED SOCIETY

Volume III Issue I /

NAVIGATING CYBERCRIME IN INDIA: LEGAL COMPLEXITIES, ENFORCEMENT DYNAMICS, AND EMERGING CHALLENGES IN A DIGITALLY CONNECTED SOCIETY Jainendra Pratap Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Juhi Saxena, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.27 This research paper examines the multifaceted challenges of cybercrime in India’s rapidly evolving digital landscape. It analyzes the conceptual understanding, legislative framework, and enforcement mechanisms within India’s cybersecurity ecosystem while identifying critical gaps in the current approach. The study provides a comprehensive assessment of various cybercrime categories affecting individuals, organizations, and critical infrastructure, alongside the procedural and investigative hurdles faced by enforcement agencies. Constitutional dimensions, particularly privacy considerations following landmark judicial pronouncements, are evaluated for their impact on cybercrime governance. The research further explores emerging threats including ransomware, deepfakes, IoT vulnerabilities, and AI-enabled attacks that present unprecedented challenges to existing legal paradigms. Through critical analysis of institutional frameworks and international cooperation mechanisms, the paper identifies systemic limitations in India’s cybercrime response capabilities. The study concludes with evidence-based policy recommendations for enhanced cybersecurity, emphasizing the need for legislative reform, institutional capacity building, critical infrastructure protection, and international cooperation. It advocates for a balanced approach that harmonizes security imperatives with constitutional rights protection while addressing the technological complexities of cybercrime in a digitally connected society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 650-681. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES

Volume III Issue I /

EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES Ronak Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Sheeba Khalid, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.26 This research paper examines the evolving dimensions of property distribution under Hindu law through the lens of traditional norms, judicial innovations, and contemporary challenges. The study traces the historical trajectory from ancient dharmasastric principles to modern statutory frameworks, highlighting the transformative impact of the Hindu Succession Act of 1956 and its subsequent amendments. It analyzes landmark judicial pronouncements that have expanded women’s property rights beyond explicit statutory language, particularly focusing on daughters’ coparcenary rights evolution culminating in the watershed judgment of Vineeta Sharma v. Rakesh Sharma. The research provides comparative insights from global jurisdictions, identifying convergent patterns toward gender equality despite distinct cultural contexts. Critical analysis of the existing legal framework reveals persistent gaps between statutory ideals and practical realities, including gendered succession anomalies, inadequate implementation mechanisms, and the absence of matrimonial property rights. The paper concludes by offering recommendations for reform, emphasizing the need for gender-neutral succession patterns, strengthened implementation mechanisms, recognition of matrimonial property rights, and explicit property protection for alternative family structures. This research contributes to the ongoing discourse on balancing tradition with constitutional equality principles in the dynamic field of Hindu property law. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 614-649. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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DIGITAL SOVEREIGNTY AND STATE RESPONSIBILITY: NAVIGATING CYBERSECURITY CHALLENGES IN INDIA’S LEGAL LANDSCAPE

Volume III Issue I /

DIGITAL SOVEREIGNTY AND STATE RESPONSIBILITY: NAVIGATING CYBERSECURITY CHALLENGES IN INDIA’S LEGAL LANDSCAPE Amal Singh Patel, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Axita Shrivastava, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.25 This research paper explores the evolving dynamics of digital sovereignty and state responsibility within India’s cybersecurity landscape. It critically examines India’s legal and regulatory framework, focusing on the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and sector-specific cybersecurity mandates. The study highlights the role of Indian institutions like CERT-In, NCIIPC, and regulatory bodies including TRAI, RBI, and SEBI in shaping compliance mechanisms. Landmark judicial pronouncements, including K.S. Puttaswamy v. Union of India and Shreya Singhal v. Union of India, are analyzed to understand constitutional safeguards in cyberspace governance. The paper delves into India’s assertion of sovereignty through data localization, extraterritorial jurisdiction, and blocking powers under Section 69A of the IT Act. It discusses India’s strategic position in global digital governance, balancing territorial and data-centric sovereignty models. The research also examines India’s stance on international legal norms, including its engagement with UNGGE, OEWG, and resistance to the Budapest Convention. By integrating legal doctrines, regulatory structures, and global frameworks, this paper offers a comprehensive analysis of India’s approach to navigating cybersecurity challenges while asserting digital sovereignty and fulfilling its responsibilities in cyberspace. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 583-613. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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GREEN JUSTICE FOR CLIMATE CHANGE – A STUDY OF INDIA’S CARBON FOOTPRINT REGULATION

Volume III Issue I /

GREEN JUSTICE FOR CLIMATE CHANGE – A STUDY OF INDIA’S CARBON FOOTPRINT REGULATION Vanshika Ashu, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Jyotsna Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.24 This paper examines India’s regulatory framework for carbon footprint management through the lens of environmental justice, analyzing the constitutional foundations, statutory mechanisms, and judicial responses to climate change governance. Despite being the third-largest greenhouse gas emitter globally while contributing only 3% of historical emissions, India faces the dual challenge of sustainable development and environmental protection. The research identifies significant gaps in India’s climate governance, including the absence of comprehensive carbon-specific legislation, fragmented policy implementation, and weak enforcement mechanisms. Through analysis of landmark judicial interventions, international commitments under the Paris Agreement, and domestic policies like the National Action Plan on Climate Change, the paper evaluates the effectiveness of India’s current regulatory approach. The study of emerging climate litigation, particularly Ridhima Pandey’s petition, reveals the evolving judicial recognition of climate rights. The research concludes with recommendations for a dedicated Carbon Regulation Act, strengthened carbon pricing mechanisms, expanded judicial review of climate commitments, and rights-based approaches to climate justice that would align India’s domestic framework with global climate governance standards. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 544-582. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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A CRITICAL ANALYSIS OF LIFE IMPRISONMENT WITHOUT REMISSION AS AN ALTERNATIVE TO THE DEATH PENALTY IN INDIA

Volume III Issue I /

A CRITICAL ANALYSIS OF LIFE IMPRISONMENT WITHOUT REMISSION AS AN ALTERNATIVE TO THE DEATH PENALTY IN INDIA Mohammad Fazal, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Rohit Kumar Shukla, Assistant Professor (Grade- III) at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.23 This research critically examines the constitutionality, judicial evolution, and human rights implications of life imprisonment without remission as an alternative to the death penalty in India. The study explores how Indian courts, particularly through landmark judgments like Swamy Shraddananda v. State of Karnataka and Union of India v. V. Sriharan, have crafted this sentencing option to bridge the stark binary between capital punishment and standard life imprisonment with remission. It analyses how such judicial innovations seek to balance retribution, deterrence, and reformative justice while grappling with constitutional safeguards under Articles 14, 21, 72, and 161. The research highlights the ethical, psychological, and legal challenges posed by irreducible life sentences, particularly in the absence of review mechanisms and a codified sentencing framework. Through a comparative lens, the paper references international human rights standards including the Vinter judgment of the European Court of Human Rights and the UN’s Nelson Mandela Rules to assess the compatibility of India’s practices with global norms. Emphasis is placed on proportionality, dignity, and separation of powers in sentencing jurisprudence. The paper concludes with robust policy suggestions for introducing statutory review procedures, reform-oriented prison policies, and judicial training to harmonize Indian penology with constitutional and human rights principles. It argues that while life without remission offers a humane alternative to the death penalty in principle, its long-term use must be cautiously structured and periodically revisited to avoid becoming a silent and indefinite form of punishment. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 514-543. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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ROUND TRIPPING UNDER THE GRAB OF OVERSEAS DIRECT INVESTMENT (ODI): A LEGAL AND REGULATORY ANALYSIS

Volume III Issue I /

ROUND TRIPPING UNDER THE GRAB OF OVERSEAS DIRECT INVESTMENT (ODI): A LEGAL AND REGULATORY ANALYSIS Vidushi Dubey, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Rajeev Kumar Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.22 This research paper examines the phenomenon of round tripping under the guise of Overseas Direct Investment (ODI) from India, analyzing its legal and regulatory implications. Round tripping involves the circular movement of domestic funds that exit India and return disguised as foreign investment to exploit regulatory arbitrage opportunities and preferential treatment accorded to foreign capital. The paper scrutinizes the evolving regulatory framework under the Foreign Exchange Management Act, 1999, and related notifications that govern ODI. It evaluates landmark enforcement actions by the Enforcement Directorate and dissects high-profile case studies involving corporate entities. Through comparative analysis of international regulatory approaches from jurisdictions including the United States, European Union, and China, the paper identifies best practices for addressing round tripping concerns. Despite significant regulatory enhancements, persistent challenges include beneficial ownership transparency, valuation manipulation, and emerging digital pathways for round tripping. The research proposes comprehensive reforms including a unified regulatory framework, enhanced beneficial ownership disclosure requirements, blockchain-based transaction monitoring, and strengthened international cooperation mechanisms. The paper concludes that effective regulation requires balancing legitimate business expansion needs with robust safeguards against regulatory circumvention through a substance-over-form approach to cross-border investment structures. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 482-513. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CARBON CREDIT TRADING IN INDIA: LEGAL FRAMEWORK AND ENVIRONMENTAL JUSTICE

Volume III Issue I /

CARBON CREDIT TRADING IN INDIA: LEGAL FRAMEWORK AND ENVIRONMENTAL JUSTICE J.Shri Vathsan, CHRIST (Deemed to be University) Delhi-NCR campus Download Manuscript doi.org/10.70183/lijdlr.2024.v03.21 Governments and businesses throughout the world are investigating market-based systems as potential ways to lower greenhouse gas emissions while maintaining economic growth in response to the growing threat of climate change. Carbon credit trading has become a vital tool in India, where energy-intensive industries including transportation, steel, cement, and power generation account for a significant portion of the country’s emissions. The Indian Carbon Market (ICM) framework, created by the Energy Conservation (Amendment) Act of 2022, studies the empirical data and management consequences related to carbon credit trading. It examines the effectiveness of market mechanisms like the Perform, Achieve, and Trade (PAT) plan, which shows significant reductions in emissions and energy consumption, and compares them to global models like the European Union Emissions Trading System (EU ETS). This study aims to provide insights into how strong legislative frameworks and aggressive business practices can propel India’s low-carbon transition by assessing the financial and environmental advantages of carbon trading as well as its practical difficulties. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 463-481. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY

Volume III Issue I /

DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY Kavya Singh, 10th Semester, B.A.LL.B Student at Amity Law School Lucknow, Amity University Uttar Pradesh Dr. Rajeev Kumar Singh, Assistant Professor at Amity Law School Lucknow, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.20 The notion of absolute liability replaced the English concept of strict responsibility following the landmark decision in M.C. Mehta v. Union of India in 1987, which is a distinctive development of Indian law. Even in cases where reasonable precaution is taken, this theory holds hazardous companies liable without any exclusions or defences. This dissertation’s main goals are to examine the doctrine’s conceptual development, evaluate its legal underpinnings, and examine its real-world applications to Indian companies, especially with regard to industrial and environmental catastrophe management. The paper uses a doctrinal and analytical approach, critically evaluating the effects of absolute liability on public safety and industrial growth by consulting secondary sources, legislative requirements, and court rulings. It explores the conflict between environmental preservation and economic advancement, paying special attention to incidents like the Oleum Gas Leak and the Bhopal Gas Tragedy, which were pivotal in the development of industrial responsibility in India. The dissertation also looks at how this philosophy affects the operation of Pollution Control Boards and regulatory tools like the Environment Protection Act of 1986. The United States and the United Kingdom, two countries with quite distinct liability systems, are used in a comparison study. The study comes to the conclusion that although the concept of absolute accountability is crucial for safeguarding citizens from industrial dangers in developing nations like India, its implementation frequently suffers from uneven enforcement and postponed justice. In order to improve regulatory compliance and encourage a balance between industrial expansion and sustainable development, the research makes proposals for legal reforms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 445-462. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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EVALUATING THE RELEVANCE OF CAPITAL PUNISHMENT: A CRITICAL ANALYSIS OF JUDICIAL PRONOUNCEMENTS IN INDIA

Volume III Issue I /

EVALUATING THE RELEVANCE OF CAPITAL PUNISHMENT: A CRITICAL ANALYSIS OF JUDICIAL PRONOUNCEMENTS IN INDIA Kaifi Khan, 10th Semester, B.A.LL.B Student at Amity Law School Lucknow, Amity University Uttar Pradesh Abhishek Mishra, Assistant Professor at Amity Law School Lucknow, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.19 This research paper critically evaluates the relevance of capital punishment in India by examining constitutional provisions, statutory frameworks, judicial precedents, and international perspectives. It analyses the evolution of the “rarest of rare” doctrine and explores the judicial inconsistencies in death sentencing. The paper highlights how procedural safeguards under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita aim to restrict arbitrary imposition of the death penalty. It examines arguments both supporting and opposing capital punishment, drawing attention to the disproportionate impact on the poor and marginalised, the psychological trauma of prolonged death row incarceration, and the global trend towards abolition. The study underscores the shift in judicial thinking from retributive to reformative justice, favouring life imprisonment without remission as a constitutionally sustainable alternative. Drawing from comparative jurisprudence and human rights standards, the research concludes that capital punishment, while legally permitted, is increasingly seen as morally and pragmatically redundant. It proposes reforms aimed at structured sentencing, better legal aid, and a reconsideration of the death penalty’s place within a democratic and rights-based legal framework committed to dignity and justice. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 418-444. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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