LIJDLR

Volume III Issue I

REGULATION OF BID-RIGGING IN GOVERNMENT TENDERS UNDER THE COMPETITION ACT, 2002

Volume III Issue I /

REGULATION OF BID-RIGGING IN GOVERNMENT TENDERS UNDER THE COMPETITION ACT, 2002 Sophia Satapathy, LL.M. (Corporate Banking & Insurance), Amity Law School, Noida (U.P.) Dr Shefali Raizada, Director & Joint Head, Amity Law School, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.18 This paper examines the regulation of bid-rigging in government tenders under the Competition Act, 2002. Bid-rigging represents a particularly harmful anticompetitive practice that undermines the integrity of public procurement processes in India. The research analyzes the statutory framework established by Section 3(3)(d) of the Competition Act, which creates a rebuttable presumption of appreciable adverse effect on competition for bid-rigging arrangements. The paper explores various forms of bid-rigging including cover bidding, bid suppression, bid rotation, and market allocation. It examines landmark cases establishing jurisprudential standards for detection, proof, and penalties in bid-rigging enforcement. The Competition Commission of India’s evolving role in both enforcement and advocacy is critically assessed, highlighting investigative techniques and remedial approaches. Despite significant regulatory progress, challenges persist including detection difficulties, evidentiary hurdles, and resource constraints. The paper compares India’s approach with international best practices, identifying opportunities for enhancing regulatory effectiveness through criminal sanctions, specialized detection systems, and enhanced prevention mechanisms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 388-417. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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ALGORITHMIC TRADING AND MARKET MANIPULATION: A LEGAL PERSPECTIVE ON INSIDER TRADING REGULATIONS

Volume III Issue I /

ALGORITHMIC TRADING AND MARKET MANIPULATION: A LEGAL PERSPECTIVE ON INSIDER TRADING REGULATIONS Anurag Singh, BA.LLB, (HONS.) 5TH YEAR, MANAV RACHNA UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2024.v03.17 Algorithmic trading has revolutionized financial markets by increasing efficiency, reducing transaction costs, and enhancing liquidity. However, its rapid expansion has introduced significant concerns regarding market manipulation, insider trading, and regulatory oversight. The rise of High-Frequency Trading (HFT), which enables thousands of transactions per second, has made it increasingly difficult for regulators to detect and prevent fraudulent trading practices. In jurisdictions like India, the SEBI (Prohibition of Insider Trading) Regulations, 2015 govern securities transactions and aim to prevent the misuse of Unpublished Price-Sensitive Information (UPSI) by insiders. However, these regulations were primarily designed for traditional trading environments and may not adequately address the complexities of AI-driven trading strategies. Algorithmic trading raises unique legal challenges, such as lack of transparency, difficulty in establishing intent, and regulatory enforcement gaps. This paper critically examines whether India’s existing legal framework is sufficient to regulate algorithmic trading and prevent insider trading in automated transactions. The study further explores global regulatory approaches in jurisdictions such as the United States (SEC), United Kingdom (FCA), and the European Union (MiFID II Regulations), which have implemented sophisticated AI-based market surveillance mechanisms and real-time monitoring to curb manipulation. Comparative analysis highlights regulatory best practices that could be adapted to India’s financial markets. In light of these challenges, this paper proposes legal and policy reforms, including mandatory algorithmic audits, enhanced AI-driven surveillance mechanisms, cross-border regulatory cooperation, and clearer definitions of algorithmic insider trading. Strengthening SEBI’s oversight capacity with RegTech solutions can enhance transparency, prevent market manipulation, and ensure fair trading practices. As algorithmic trading continues to evolve, regulatory frameworks must be dynamic and adaptive to safeguard market integrity while fostering innovation in India’s financial ecosystem. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 367-387. 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 THROUGH GENDER LENS: LEGAL TREATMENT OF GIRL CHILD OFFENDERS IN INDIA

Volume III Issue I /

JUVENILE JUSTICE THROUGH GENDER LENS: LEGAL TREATMENT OF GIRL CHILD OFFENDERS IN INDIA Varda Sharma, LLM/1st Year/2nd Semester, Student at Amity University Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.16 This research paper examines the legal treatment of girl child offenders in India through a gender-sensitive lens. Despite the seemingly gender-neutral framework of juvenile justice legislation, girl offenders experience the system in fundamentally different ways than their male counterparts. The paper analyzes the constitutional and legal framework governing juvenile justice in India, highlighting the gap between formal equality and substantive justice. Through critical examination of statistical patterns, the research reveals distinct pathways through which girls enter the juvenile justice system, often involving prior victimization, status offenses, and survival crimes. The paper scrutinizes gender dynamics in police interactions, judicial attitudes, and institutional rehabilitation programs, uncovering subtle yet pervasive biases affecting outcomes for girl offenders. Drawing from international standards and comparative jurisdictions, the research identifies promising gender-responsive approaches. The analysis reveals significant challenges including inadequate infrastructure, gender-stereotyped rehabilitation programs, and insufficient specialized training for stakeholders. The paper concludes by proposing multidimensional reforms encompassing legislative amendments, enhanced institutional frameworks, and capacity building initiatives to advance a gender-responsive juvenile justice system in India that fulfills constitutional guarantees and international commitments while addressing the unique vulnerabilities of girl child offenders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 345-366. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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ADDRESSING THE GAP- LACK OF LAWS RELATED TO SEXUAL OFFENCES AGAINST MALES IN INDIA

Volume III Issue I /

ADDRESSING THE GAP- LACK OF LAWS RELATED TO SEXUAL OFFENCES AGAINST MALES IN INDIA Simran Kaliha, Student at Campus Law Centre, University of Delhi Download Manuscript doi.org/10.70183/lijdlr.2024.v03.15 Sexual offences are a grave violation of human rights, bodily autonomy, and individual dignity. Yet we see a significant gap in laws related to sexual offences against males and transgender people. In India, the legal system predominantly focuses on female victims of sexual offences, leaving a significant gap in justice for male victims. Sexual offences against males remain overlooked and underreported crimes in India due to deep-rooted patriarchal mindsets and societal biases. The Bhartiya Nyaya Sanhita continues to define rape and sexual offences in gender-specific terms and reinforces the conception that only women can be victims of sexual offences. This research paper critically analyses the absence of legal provisions for male survivors, analyzing historical, legal, and societal perspectives. A comparative analysis with legal frameworks of other countries like the United States of America, United Kingdom, Canada, etc. shows a progressive shift towards gender-neutral sexual offences laws. In contrast, Indian law still criminalizes non-consensual sexual acts primarily based on the victim’s gender. This research paper delves into the historical background, evolution, comparison with laws of other countries, theories, statistical analysis, and future implications of the lack of laws related to sexual offenses against males in India and highlights the urgent need for legislative reforms to ensure gender-neutral sexual offences laws. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 328-344. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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DIGITAL VIGILANTISM IN INDIA: LEGAL FRAMEWORK AND JURISDICTIONAL CHALLENGES FOR LAW ENFORCEMENT

Volume III Issue I /

DIGITAL VIGILANTISM IN INDIA: LEGAL FRAMEWORK AND JURISDICTIONAL CHALLENGES FOR LAW ENFORCEMENT Isha Bansal, LLM (Criminal Law) Student at Amity University Noida, Batch- 2024-2025. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.14 Digital vigilantism has emerged as a complex socio-legal phenomenon in India, characterized by citizens utilizing online platforms to identify, expose, and punish perceived wrongdoers outside formal legal frameworks. This research paper examines the intricate legal and jurisdictional challenges confronting Indian law enforcement agencies when addressing digital vigilantism. The constitutional framework provides theoretical protections through Articles 19, 21, and 14, yet implementation remains problematic. The Information Technology Act and related regulations exhibit significant gaps in addressing coordinated vigilante campaigns. Jurisdictional complexities arise from the borderless nature of digital spaces, with vigilante activities frequently transcending territorial boundaries. Law enforcement faces substantial technical and procedural hurdles, including anonymity tools, encryption challenges, and electronic evidence admissibility requirements. The Indian judiciary has incrementally developed important jurisprudential principles through landmark judgments, though these often arrive too late to prevent irreparable reputational damage. International dimensions further complicate enforcement efforts, with cross-border evidence gathering mechanisms proving inadequate for time-sensitive digital cases. This paper contends that addressing digital vigilantism requires comprehensive reforms spanning legislative frameworks, procedural innovations, specialized law enforcement training, and enhanced international cooperation mechanisms to balance legitimate accountability demands with rule of law principles. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 304-327. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS

Volume III Issue I /

CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS Akanksha Priya,Pursuing LLM in Criminal Law from Amity University, Batch 2024-2025 Download Manuscript doi.org/10.70183/lijdlr.2024.v03.13 Criminal accountability for harms caused by artificial intelligence systems presents profound challenges for traditional legal frameworks. The mens rea and actus reus pillars of Indian criminal jurisprudence face conceptual strains when applied to algorithmic decision-making. AI systems lack human-like mental states and discrete physical acts that form the foundation of criminal culpability. The Bharatiya Nyaya Sanhita, 2023 and other Indian laws inadequately address these accountability gaps. This article examines the conceptual and practical obstacles to AI criminal liability under current Indian legal frameworks. It analyzes relevant provisions of the Bharatiya Nyaya Sanhita and identifies their limitations in AI contexts. The article explores comparative regulatory approaches from the European Union, United States, United Kingdom, Singapore, and other jurisdictions. The article concludes by proposing legal and policy recommendations for India to address AI criminal accountability challenges. These include establishing AI-specific legislation, incorporating risk-based obligations, mandating human oversight for high-risk applications, and developing specialized enforcement capacities. The article emphasizes the urgent need for Indian legal frameworks to evolve beyond anthropocentric paradigms and accommodate the distinctive characteristics of artificial intelligence. Only through such evolution can India establish effective and legitimate mechanisms for attributing criminal responsibility when AI systems cause harm. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 273-303. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX

Volume III Issue I /

THE SURROGACY REVOLUTION: LEGAL FRAMEWORKS IN FLUX Ayush Kumar Yadav, 6th Semester BBA LLB (H) Student at Amity University Uttar Pradesh, Lucknow Campus, Lucknow. Dr. Arvind Kumar Singh, MBA, P.hd, UGC (NET), Officiating Director, Amity University Uttar Pradesh, Lucknow Campus, Lucknow. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.12 This paper explores the changes in the legal surrogacy landscape in India with the passage of the Surrogacy (Regulation) Act, 2021, which instituted a ban on commercial surrogacy, thereby paving the way for an altruistic model. The analysis chronicles regulatory developments on surrogacy in India, unravelled through some landmark judicial pronouncements, especially the Baby Manji Yamada and Jan Balaz cases which highlighted significant regulatory voids. The paper analyzes the constitutional aspects of reproductive rights under Article 21, and how they interact with some of the restrictive clauses of present legislation. A comparative analysis of regulatory efforts—from the permissive ART Bill of 2008 to the prohibitive tenor of the 2016 Bill—shows that there are basic alterations in the policy orientations. The proposed research highlights significant barriers to implementation, including definitional ambiguities, administrative infrastructure needs, and continuing constitutional challenges to eligibility restrictions. It further discusses how surrogacy regulation can fit into the larger ART regulatory system, including aspects of integration and realm conflicts. This in-depth analysis sheds light on the intricacies of balancing the competing goals of preventing exploitation and protecting reproductive autonomy that define India’s game-changing approach to surrogacy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 244-272. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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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

Volume III Issue I /

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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