LIJDLR

Volume III Issue III

SPOUSAL MAINTENANCE JURISPRUDENCE IN INDIA WITH SPECIAL REFERENCE TO THE JUDGEMENT OF MADAN KUMAR SATPATHY V. PRIYADARSHINI PATI: A CRITICAL APPRAISAL

Volume III Issue III /

SPOUSAL MAINTENANCE JURISPRUDENCE IN INDIA WITH SPECIAL REFERENCE TO THE JUDGEMENT OF MADAN KUMAR SATPATHY V. PRIYADARSHINI PATI: A CRITICAL APPRAISAL Jaspreet Kaur, LL.M. Student, School of Law, Lovely Professional University, Punjab (India) Dr. Harmanjit Kaur, Assistant Professor, School of Law, Lovely Professional University, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.117 Spousal maintenance in India is undergoing a perceptible shift: from a framework that presumes long-term dependency of one spouse (traditionally the wife) to one that increasingly expects self-reliance, especially when the spouse is educated or gainfully employable. The Orissa High Court in Madan Kumar Satpathy v. Priyadarshini Pati[1] held that a well-educated wife cannot remain idle merely to claim maintenance, emphasizing that the purpose of Section 125 CrPC is to aid those genuinely unable to support themselves. This signals a changing judicial trend, wherein qualifications, past work experience, and earning capacity are factors that courts consider in scaling down or adjusting maintenance obligations. Previously, maintenance was awarded based largely on need and dependency, often without rigorous scrutiny of the spouse’s ability to work. Under this new trend, legal responsibility is being balanced with expectations of self-sufficiency. This paper critically analyses Madan Kumar Satpathy v. Priyadarshini Pati, explores the statutory regime and judicial practice of spousal maintenance in India, and compares these with the UK and USA approaches. It examines whether maintenance law is evolving toward greater gender equality and economic independence without sacrificing fairness, considers the challenges of enforcement and cultural constraints, and proposes reforms to ensure that maintenance regimes provide dignity and protection while promoting self-reliance.

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PRINCIPLES AND APPLICATIONS OF THE RIGHT TO PRIVACY: EVALUATING INTERNATIONAL PERSPECTIVES AND LAWS

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PRINCIPLES AND APPLICATIONS OF THE RIGHT TO PRIVACY: EVALUATING INTERNATIONAL PERSPECTIVES AND LAWS Sam S. Siryon, BA.LLB Honors, 3rd Semester, Apeejay Stya University-Gurgaon (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.116 The right to privacy has been explicitly defined in several jurisprudences as a fundamental right which aims to protect people’s correspondence, effects, things and avoid unauthorized and unjustifiable interference of the State or other authorities. This right includes the ability to control the collection, use and disclosure of personal data, including health records, financial information and communications. In this paper, we will examine the actual definition, scope and application of our fundamental right to privacy, evaluating this concept from three legal systems including the USA, India and Liberia. The primary objective of this paper is to ascertain whether the right to privacy is applicable to everyone, to what extent can this right be restricted, what are the grounds to establish a person’s legal right not to disclose his effects, correspondence or things. The right to privacy is a fundamental right to be left alone and have control over one’s personal information, activities and choices. This right protects individuals from unwarranted intrusion into their lives, encompassing personal data, family matters and private spaces. This right is not absolute and can be subject to reasonable restrictions if a state action meets certain tests of legality. While considering the application of the right to privacy, we will expand into the technological impact on privacy and opinions of prominent justices across several jurisprudence, so as to give us an in depth understanding of this unique right. This paper examines the right to privacy from an international perspective, taking into consideration the meaning, applications and scope from different international treaties, laws, conventions and national protection of the right to privacy.

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FROM LAW TO LIVELIHOOD: EVALUATING THE ROLE OF THE PAYMENT OF WAGES ACT, 1936 IN SAFEGUARDING WORKERS’ EARNINGS IN INDIA’S INFORMAL ECONOMY

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FROM LAW TO LIVELIHOOD: EVALUATING THE ROLE OF THE PAYMENT OF WAGES ACT, 1936 IN SAFEGUARDING WORKERS’ EARNINGS IN INDIA’S INFORMAL ECONOMY Mousumi Sinha, Assistant Professor (GF), Sarla Birla University, Ranchi, Jharkhand (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.115 The Payment of Wages Act of 1936 was made to make sure that workers get paid properly, on time, as well as without any unfair deductions. For decades, this law has been an important means of maintaining stable wages in the official job market in India. But it doesn’t have a significant effect on the massive informal economy where more than 90% of the people of the country work for. In this sector, it is often seen that the employees are not given any formal contracts, or they do not have a good relationship with the employer, which makes them more prone to be subjected to inconsistent rules, poor surveillance, and they do not have any effective way to file any complaint as well. This study analyses the effectiveness of the application of the Act in protecting these workers by using a variety of documentary sources, consisting of the legislative argumentation, official sources and the interpretation of courts, as well as the contemporary policy assessments. A study shows that the Act has a progressive goal as a law, but it doesn’t do so well in practice because of problems with institutions, not enough power of enforcement, and the secretive character of unregulated employment agreements. The Code on Wages, 2019 has raised questions on whether these amendments to the legislation in recent times can resolve the flaws that have persisted in the legislation, making it difficult to protect wages. At the end of the evaluation, people discuss things that could be done in order to assist, such as making it easier to register complaints and get them fixed, scrambling digital wage transfers, and strengthening local monitoring groups. If these steps are taken correctly, they could help India’s wage safeguards become more flexible and open to all. This would be more beneficial for an evolving employment environment that is less structured and growing less formal.

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INFLUENCE OF GENDER DISPARITIES ON ECONOMY

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INFLUENCE OF GENDER DISPARITIES ON ECONOMY Aisha Khan, Graduate, ITM University Raipur (India) Shreya Ranjan, BB.A. LL.B., Semester 9, ITM University Raipur (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.114 An economy is a subject which is highly influenced by gender disparities, which as a result impacts prosperity, and development of a nation. In many developing nations, including India, the age-old issues like lack of access to education and opportunities in various spheres of society, the underutilization of women workforce, unequal pay, and rejection of the third gender is a hindrance to effective utilization of human resources that has become one of the major causes of their economies’ poor growth. This study explores the complex relationship between gender inequality and economics, focusing on the significant influence that gender-based discrepancies have on economic results. This study examines the complex aspects of gender differences in the field of economics using an interdisciplinary approach that incorporates viewpoints from feminist jurisprudence, sociology, philosophy and economics. We have uncovered the profound effects of these differences on people’s well-being in larger economic systems, in addition, the paper realizes the role of personal relationships, unequal wages, multi-tasking, general stigma against third gender as a root cause of gender biasness in India with reference to other economies. While gender equality is a crucial development objective per se, the economic engagement of women and third gender play a prominent role in stability and growth of an economy. The equal participation of different genders can accelerate the growth of a nation having a progressing economy. The research aims to uncover these problems and emphasizes how crucial it is to address gender inequality as a matter of social justice as well as a vital element of equitable and sustainable economic development.

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CHILD SEXUAL ABUSE LAWS IN INDIA: JUDICIAL IMPACT AND EVOLVING JURISPRUDENCE

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CHILD SEXUAL ABUSE LAWS IN INDIA: JUDICIAL IMPACT AND EVOLVING JURISPRUDENCE Shraddha Tiwari, Ph.D. Research Scholar (LAW), ITM University, Naya Raipur, C.G (India) Dr. Sona B. Kumar, Ph.D. Supervisor, Associate Professor, ITM University, Naya Raipur, C.G (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.113 Child sexual abuse (CSA) remains a grave socio-legal issue in India, demanding urgent and sustained intervention at multiple levels. The enactment of the “Protection of Children from Sexual Offences Act, 2012” (POCSO) marked a significant legislative advancement in establishing a specialized and victim-centric legal regime. However, the real test of the law lies in its judicial interpretation and practical enforcement. This paper critically examines the evolving jurisprudence under POCSO and assesses the role of Indian courts in shaping the statutory framework through purposive interpretation, institutional guidelines, and procedural reforms. By analyzing key judicial pronouncements, including controversial cases like Satish v. State of Maharashtra, the study explores how courts have contributed to both the protection and the unintended criminalization of adolescents. The research further delves into legislative amendments, procedural innovations such as the 2020 POCSO Rules, and policy interventions aimed at strengthening the child protection ecosystem. Drawing upon comparative legal frameworks and international child rights standards, the paper offers a comprehensive review of existing gaps and proposes forward-looking reforms such as the introduction of a close-in-age exemption, investment in child-friendly judicial infrastructure, and preventive education. This study adopts a doctrinal and analytical approach, supported by statutory interpretation, judicial precedents, and global best practices, to highlight the judiciary’s pivotal role in balancing legal protection with the child’s best interests in India’s CSA legal framework.

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PROTECTION OF JOURNALIST RIGHTS IN INDIA : A LEGAL STUDY OF ITS CHALLENGES AND STATUTORY FRAMEWORK

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PROTECTION OF JOURNALIST RIGHTS IN INDIA : A LEGAL STUDY OF ITS CHALLENGES AND STATUTORY FRAMEWORK Juhi Newar, LL.M (Criminal Law) (Postgraduate) Department of Law, Tezpur University, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.112 Freedom of the press constitutes the cornerstone of a democratic society, serving as a safeguard for Accountability , transparency and public participation. Journalists,often confront multifaceted challenges including Death threats, censorship, intimidation, defamation proceedings, digital surveillance and gender-based harassment. In India, while constitutional guarantees under Article 19(1)(a) of right to freedom of speech and expression, practical limitations and misuse of legal provisions frequently undermine this freedom. This research paper examines the vulnerabilities faced by journalists and analysing constitutional provisions, statutory laws, judicial precedents and state-level legislations. It also explores international standards under the ICCPR, UN resolutions and International Humanitarian Law, highlighting India’s obligations to protect media freedom. Through a doctrinal and comparative methodology, the study identifies systemic gaps in legal protections and proposes the need for comprehensive, national-level safeguards for journalists. By situating press freedom within the broader democratic and human rights discourse, the paper underscores the urgency of ensuring a secure environment where journalists can function without fear or undue restriction.

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LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA

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LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA Ms. Aashi Dixit, BBA-LL. B, LL.M, NET (Law) (India) Dr. Namrata Tiwari, Assistant Professor, Career College of Law, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.111 Legal consciousness marks the area between law and society, ensuring empowerment as well as equal justice to every citizen. India has an advanced legal framework in place, yet many remain oblivious of their rights and legal remedies- particularly those from marginalized communities. Social inequalities thrive in this scenario, and the efficacy of laws designed to protect weaker sections becomes weakened. This paper analyzes successful models of legal awareness initiatives, examining how public understanding of the legal system can be enhanced through case studies and comparative analysis. It explores the history of the development of legal education and awareness programs in India, highlights the challenges to legal literacy, and describes the roles of governmental and non-governmental organizations in promoting legal knowledge. The findings suggest that legal education should not remain confined to professionals but must become part of the general social fabric. Expanding legal literacy has the potential to transform citizens’ participation in democracy, strengthen access to justice, and promote empowerment through knowledge of rights and remedies. The study underscores the importance of integrating technology in disseminating legal information, thereby making the justice system more inclusive and accessible. By bridging the gap between law and society, India can move closer to achieving its constitutional goals of justice, equality, and dignity for all citizens.

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RECONCILING INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW: LEGAL TENSIONS AND ENFORCEMENT CHALLENGES IN CONTEMPORARY ARMED CONFLICTS WITH REFERENCE TO NIGERIA AND DEMOCRATIC REPUBLIC OF CONGO

Volume III Issue III /

RECONCILING INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW: LEGAL TENSIONS AND ENFORCEMENT CHALLENGES IN CONTEMPORARY ARMED CONFLICTS WITH REFERENCE TO NIGERIA AND DEMOCRATIC REPUBLIC OF CONGO Prof. Onyeka Williams IGWE, LL. B (Hons), BL, LL.M (Calabar), Ph.D (ABSU), Professor of International Human Rights Law, Department of Jurisprudence and International Law, Faculty of Law, Rivers State University, Nkpolu-Oroworukwo, Port Harcourt, Rivers State Chibuikem Golden OFFOR, LL. B (Hons), BL, Research Assistant, Department of Jurisprudence and International Law, Faculty of Law, Rivers State University, Nkpolu-Oroworukwo, Port Harcourt, Rivers State Okechukwu Divine MICHAEL, LL. B (Hons), BL, Research Assistant, Department of Jurisprudence and International Law, Nnamdi Azikiwe University, Awka, Anambra State Download Manuscript doi.org/10.70183/lijdlr.2025.v03.110 This paper examines the complex interplay between International Humanitarian Law (IHL) and International Human Rights Law (IHRL) within the context of contemporary armed conflicts. While both frameworks aim to protect human dignity and limit abuses during war, their concurrent application in modern conflicts- often characterised by asymmetry, urban warfare, and Militias, creates practical and normative tensions. Highlighting situations from Nigeria, and the Democratic Republic of the Congo, this paper aimed at analyzing the practical challenges of enforcing these legal regimes amid state fragility, fragmented accountability mechanisms, and shifting conflict dynamics. Findings show that while the convergence of International Humanitarian Law and International Human Rights Law offers pathways to strengthen civilian protection and accountability, there are still enforcement deficits, with widespread violations including arbitrary detention, extrajudicial killings, and sexual violence remaining prevalent in conflict zones. And practical implementation often falters due to limited institutional capacity, zero military will, and operational constraints within military practice. This paper therefore proposes a framework for reconciliation of International Humanitarian Law and International Human Rights Law, advocating for a normative integration in operational frameworks, scenario-based training for armed forces, strengthened independent accountability mechanisms, and victim-centred reparative measures to ensure tangible protections. Drawing on the works of scholars such as Melzer, Lubell, and Milanovic, and the operational guidance of the ICRC, it is demonstrated by this paper that harmonising these legal regimes is not a theoretical exercise but a practical necessity to protect human dignity in conflict settings especially in Sub-saharan Africa.

RECONCILING INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW: LEGAL TENSIONS AND ENFORCEMENT CHALLENGES IN CONTEMPORARY ARMED CONFLICTS WITH REFERENCE TO NIGERIA AND DEMOCRATIC REPUBLIC OF CONGO Read More »

THE EFFECT OF GLOBALISATION ON CULTURAL SOVEREIGNTY: EXAMINING THE CHALLENGES OF IDENTITY, AUTONOMY, AND CULTURAL PRESERVATION IN THE 21ST CENTURY

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THE EFFECT OF GLOBALISATION ON CULTURAL SOVEREIGNTY: EXAMINING THE CHALLENGES OF IDENTITY, AUTONOMY, AND CULTURAL PRESERVATION IN THE 21ST CENTURY Jaspreet Kaur, LL.M. Student, School of Law, Lovely Professional University, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.109 Globalisation in the 21st century has become a defining phenomenon, shaping economic, political, and socio-cultural landscapes across the world. While it has promoted interconnectedness, innovation, and cross-cultural exchange, it has simultaneously posed serious challenges to cultural sovereignty, particularly in the context of identity, autonomy, and preservation of heritage. Cultural sovereignty, understood as the right of a community or nation to protect and promote its distinct traditions, values, and identity, has been increasingly tested by the homogenising tendencies of globalisation. The dominance of Western cultural products, global consumerist trends, and the expansion of digital platforms have contributed to the dilution of indigenous traditions, endangered languages, and weakened national cultural autonomy. At the same time, globalisation has not only created pressures but has also enabled new spaces for resistance, adaptation, and hybridisation. Nations and communities have responded through glocalization, revival of indigenous practices, and legal mechanisms aimed at cultural protection. The role of international organisations such as UNESCO and legal frameworks such as UNDRIP highlights the tension between global integration and the preservation of cultural heritage. Furthermore, contemporary challenges such as mass migration, climate change-induced displacement, and the spread of social media raise fresh concerns about sustaining cultural sovereignty in the digital era. This research paper critically examines these dynamics through historical, theoretical, and contemporary perspectives, while also analysing case studies and policy instruments. It aims to propose constructive pathways that balance global participation with the safeguarding of cultural identity and autonomy in the 21st century.

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FROM TRADITIONAL COLONIALISM TO DIGITAL CAPTURE – CHANGING DIMENSIONS OF ‘SOVEREIGNTY’ IN THE ERA OF AI AND GLOBALISATION

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FROM TRADITIONAL COLONIALISM TO DIGITAL CAPTURE – CHANGING DIMENSIONS OF ‘SOVEREIGNTY’ IN THE ERA OF AI AND GLOBALISATION Jaskamal Kaur, LL.M. Student, School of Law, Lovely Professional University, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.108 The increasing use of artificial intelligence and digital technologies has fundamentally altered global power dynamics, thereby introducing a new era of “Digital Colonialism.” It is different from traditional colonialism, which was based on territorial conquest and political domination. However, digital colonialism is exercised through control of data, digital infrastructure, algorithms and platform governance. This paper discusses the shift from historical colonial structures and processes to new forms of digital dependencies where, frequently, multinational technology corporations and platforms powered by artificial intelligence set themselves up as quasi-sovereign actors. It is diluting the regulatory capacity of nation-states. This study examines the competing nations of the United States, China, the European Union, and India. It is a new way of expanding their presence beyond national physical borders. Furthermore, the paper highlights the multidimensional risks that digital dependencies carry, ranging from economic vulnerability to political manipulation and cybersecurity issues. The research shows how dependency on foreign-owned digital platforms can undermine national autonomy and the inequalities of power between the world’s rich and poor. It concludes by providing recommendations which include strengthening domestic digital infrastructure, adoption of robust data governance, as well as promotion of digital public goods. This will contribute to a deeper understanding of the role of digital technologies in redefining sovereignty, power, and governance in the contemporary global order.

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