LIJDLR

Volume III Issue III

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

Volume III Issue III /

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.

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

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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BIOTECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: LEGAL FRAMEWORK, CHALLENGES AND EMERGING JURISPRUDENCE

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BIOTECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: LEGAL FRAMEWORK, CHALLENGES AND EMERGING JURISPRUDENCE Anandhi A, LLM(IPR), Government law college, Trichy (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.107 This article examines the evolving relationship between biotechnology and intellectual property rights (IPRs) in India, highlighting legal, ethical, and global perspectives. It traces the development of Indian patent law from the exclusion of living organisms to the recognition of biotechnological inventions, shaped significantly by cases like Dimminaco AG v. Controller of Patents and amendments aligning with the TRIPS Agreement. The study explores patent eligibility criteria under the Patents Act, 1970, with emphasis on exclusions under Section 3, and the challenges of proving novelty, inventive step, and industrial applicability in biotechnology. It compares approaches in the United States, European Union, and India, analyzing judicial interpretations and ethical frameworks concerning patents on microorganisms, plants, animals, and human genetic material. While U.S. and European systems adopt broader protection, India maintains stricter exclusions influenced by cultural and moral values. The article also discusses emerging issues such as gene editing, AI-driven biotechnology, green biomanufacturing, and personalized medicine, underlining their legal and ethical implications. It concludes that while biotechnology patents are essential for innovation and societal benefit, they must coexist with ethical safeguards and balanced regulation to ensure progress without compromising human dignity, environmental sustainability, or traditional values.

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JUSTICE BEHIND BARS: A CRITICAL STUDY ON CUSTODIAL DEATHS AND THE CRISIS OF TRANSPARENCY IN INDIAN LAW ENFORCEMENT

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JUSTICE BEHIND BARS: A CRITICAL STUDY ON CUSTODIAL DEATHS AND THE CRISIS OF TRANSPARENCY IN INDIAN LAW ENFORCEMENT Sonal Singh, 3rd Year, BA.LLB, Student at Asian Law College, Noida (India) Devishi Madaan, 3rd Year, BA.LLB, Student at Asian Law College, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.106 “Custodial deaths” are one the most serious human rights problems in India, showing a very thin line between state power and constitutional respect. Despite having many legal safeguards, judicial pronouncements, and international obligations, the happening of deaths in police and judicial custody shows that there is a failure in our system. This research paper will investigate the crisis of transparency that surrounds custodial deaths, exploring how institutional secrecy, poor enforcement, and cultures of impunity undermines the constitutional guarantee of Article 21. Through the judicial interpretation from Nilabati Behera to D.K. Basu and many other cases, the analysis underscores the evolving jurisprudence that transformed compensation, and procedural safeguards into enforceable rights. The paper further demonstrates India’s reluctance to adopt the UN Convention Against Torture within the larger contradiction of constitutional guarantee without legislative commitment. The analysis emphasizes the structural flaws like overcrowded prisons, poor medical treatment, skewed investigations, and disproportionate targeting of marginalized groups which exacerbate the problem even more. While there are several protocols and reliefs has prescribed by the National Human Rights Commission but its limited mandate and reliance on state authorities often undermine its accountability to monetary compensation than deterrence. In respond to these enduring gaps, the article calls for an integrated reform agenda, passing a specific anti-torture law, enhancing independent oversight, responsibly utilizing technology, guaranteeing medical transparency, and prioritizing victims’ rights. Justice behind bars, thus, is not just about averting fatalities but about upholding the State’s constitutional duty to maintain dignity, transparency, and faith in the rule of law.

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RIGHT TO WORK OF PERSONS WITH LOCOMOTOR DISABILITIES IN INDIA: A LEGAL ANALYSIS

Volume III Issue III /

RIGHT TO WORK OF PERSONS WITH LOCOMOTOR DISABILITIES IN INDIA: A LEGAL ANALYSIS Akanksha Singh, LL.M (Criminology and Criminal Law) (Postgraduate), Department of Law, Tezpur University, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.105 In the world more than one billion people are disabled. One of the main goals is that the disability rights movement is to give this group of people equal access to jobs and education. The development of human rights can be traced back from the 441 BC Sophocles play “Antigone” until the 1948 AD to Universal Declaration of Human Rights. On December 9, 1975, the United Nations General Assembly adopted the Declaration on the Rights of Disabled Persons which marked the beginning of the campaign to safeguard the rights of disabled people. Due to the lack of jurisprudence on this topic, the obstacles to accomplishing this are worsening in underdeveloped countries. The most prominent of these obstacles is the definition of disability that is used in different jurisdictions which frequently emphasizes the medical model of disability above the social model. In India, one significant piece of legislation that attempts to advance and defend the rights of people with disabilities. The Act aims to give people with disabilities a thorough framework for mainstreaming and inclusion in society, guaranteeing their equal access to opportunities and participation, right to reasonable accommodation. There are different types of disabilities which are present in today’s context this paper focuses on conceptualizing the concept of locomotor disabilities. The main cause of locomotor disabilities is stress. Moreover, the paper includes both International and Indian framework for recognition of these disabilities. Lastly, it concludes by offering suggestions for strengthening the legal framework and promoting inclusive employment practices which can contribute to the ongoing discourse on disability rights and inclusive employment in India.

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DIVINE INTERVENTIONS OR DENIED CARE: EXAMINING THE LEGAL AND HEALTH IMPLICATIONS OF PSYCHOTIC DISORDERS TREATED THROUGH SUPERNATURAL MEANS IN INDIA

Volume III Issue III /

DIVINE INTERVENTIONS OR DENIED CARE: EXAMINING THE LEGAL AND HEALTH IMPLICATIONS OF PSYCHOTIC DISORDERS TREATED THROUGH SUPERNATURAL MEANS IN INDIA Vaishali Gupta, PhD Research Scholar, Amity Law School, Amity University Uttar Pradesh (India) Dr. Bhavna Batra, Associate Professor, Amity Law School, Amity University Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.104 “The right to life and personal liberty under Article 21 of the Constitution includes the right to live with human dignity and the right to health. Denial of medical care, whether through neglecor misguided interventions, is a violation of this sacred right.” — Justice P. N. Bhagwati, Indian Supreme Court. Psychotic disorders, including schizophrenia and schizoaffective disorders, require timely and evidence-based psychiatric intervention to prevent deterioration of mental health and protect patients’ well-being. In India, however, families frequently forgo medical treatment in favor of faith-based or supernatural interventions, such as divine healing practices or rituals performed by godmen. This research investigates the consequences of such practices, emphasizing the intersection of mental health, legal rights, and socio-cultural beliefs. Individuals who are subjected to these interventions frequently experience secondary trauma, delayed recovery, and worsening symptoms, which effectively render them victims of systemic neglect. The study underscores that the right to health, dignity, and timely treatment are all fundamental rights guaranteed by Article 21 of the Indian Constitution, and that the substitution of medical care with supernatural remedies is a violation of these rights. The paper employs a doctrinal methodology, examining primary sources such as constitutional provisions, mental health statutes, and judicial precedents, as well as secondary literature, including scholarly articles, reports, and case studies on cultural practices and mental health. The research examines the extent to which traditional beliefs and family-led supernatural “treatments” conflict with medical ethics and legal protections, and evaluates the effectiveness of current laws in protecting patients’ rights. Comparative insights from international jurisdictions illustrate the most effective methods for balancing clinical care, legal accountability, and cultural sensitivity. The results emphasize the pressing necessity for legal reforms, policy interventions, and community awareness programs that guarantee that psychiatric care is culturally informed, accessible, and respectful of human rights. The study advocates for an integrated approach that integrates legal safeguards, mental health services, and ethical family intervention strategies by representing patients as victims of both mental illness and societal misconceptions. The objective of this framework is to safeguard the health and rights of patients while simultaneously addressing cultural practices that inadvertently perpetuate harm. 

DIVINE INTERVENTIONS OR DENIED CARE: EXAMINING THE LEGAL AND HEALTH IMPLICATIONS OF PSYCHOTIC DISORDERS TREATED THROUGH SUPERNATURAL MEANS IN INDIA Read More »