LIJDLR

Volume III Issue IV

DOWRY IN INDIA BEYOND THE BNS, LEGAL PROHIBITIONS, SOCIAL ACCEPTANCE, AND THE ROLE OF MEDIA IN SUSTAINING A HISTORICAL EVIL

Volume III Issue IV /

DOWRY IN INDIA BEYOND THE BNS, LEGAL PROHIBITIONS, SOCIAL ACCEPTANCE, AND THE ROLE OF MEDIA IN SUSTAINING A HISTORICAL EVIL Abha Mishra, Student, 3rd semester pursuing BALLB hons. at IILM University (India). Adv. Paras Yadav, Advocate at Civil Court RDC Ghaziabad (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.206 Despite all the legal reforms, criminalization, and reforms in social and economic conditions, dowry remains a deeply rooted and complex social issue in India. While the BNS has restructured criminal laws, the problem extends far beyond the legal framework. This paper investigates the history of dowry, the stress between social acceptance and legal prohibitions, and how dowry practices happen despite attempts to eliminate them. It discusses how patriarchal norms, weak enforcement, and underreporting of incidents limit the effectiveness of the Dowry Prohibition Act, BNS, and court decisions in preventing dowry-related violence. The paper talks about how traditional and digital media can change how people think, keep cultural norms, and sometimes make dowries look good through films, TV shows, music, and social media. While investigative journalism and campaigns to raise awareness about dowry crimes bring attention to these crimes, mainstream entertainment often promotes subtle acceptance of dowry. The study contends that the persistent issue of dowries pertains more to cultural and communicative factors than merely legal considerations. To combat real change, a multifaceted strategy is required that combines legislation, social reform, media accountability, and gender-sensitive education.

DOWRY IN INDIA BEYOND THE BNS, LEGAL PROHIBITIONS, SOCIAL ACCEPTANCE, AND THE ROLE OF MEDIA IN SUSTAINING A HISTORICAL EVIL Read More »

CONSTITUTIONAL FEDERALISM IN PERIL: CRITICAL REAPPRAISAL OF ARTICLE 356 AND S.R. BOMMAI IN CONTEMPORARY INDIA

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CONSTITUTIONAL FEDERALISM IN PERIL: CRITICAL REAPPRAISAL OF ARTICLE 356 AND S.R. BOMMAI IN CONTEMPORARY INDIA Aadya Singh, 3rd year, B.A.LL. B (Hons.), Integrated Law Courses, Faculty of Law, University of Delhi (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.205 The constitutional provision of President’s Rule under Article 356 empowers the president to assume control of a State in situations of constitutional breakdown. Historically this power has been one of the most misused instruments od the Indian Constitution, often deployed to dismiss state governments on political rather than constitutional grounds. The landmark judgment of S. R. Bommai v. Union of India sought to curb this misuse by making such proclamations subject to judicial review and thus limiting president’s discretion. This paper revisits the judgment of Bommai in light of the increasing centralization of political powers and examines whether the safeguards remain effective today. By analyzing the recent cases the paper evaluates whether federalism continues to function as a ‘basic feature’ of our constitution or has been eroded through central dominance. This study examines the constitutional scheme of emergency powers, historical misuse patterns, and the evolving role of judiciary in protecting federalism. It is also argued that while Bommai established a strong precedent, the subsequent political developments and the decline of coalition politics have diluted its practical efficacy. It concludes by recommending reforms, such as codifying clear standards for constitutional breakdown, ensuring Governor’s accountability, and mandating pre-decisional judicial oversight before invoking Article 356.

CONSTITUTIONAL FEDERALISM IN PERIL: CRITICAL REAPPRAISAL OF ARTICLE 356 AND S.R. BOMMAI IN CONTEMPORARY INDIA Read More »

A COMPARATIVE STUDY OF THE WAQF ACT, 1995 AND THE UMEED ACT, 1995 (WAQF AMENDMENT ACT, 2025)

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A COMPARATIVE STUDY OF THE WAQF ACT, 1995 AND THE UMEED ACT, 1995 (WAQF AMENDMENT ACT, 2025) Diffia J P, Assistant Professor, Mugil College of Law, Kanniyakumari, Tamil Nadu (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.204 Waqf institutions in India have historically served as socio-religious pillars that support education, health care, and welfare services within the Muslim community. However, persistent governance failures under the Waqf Act, 1995 including inaccurate property documentation, encroachment, political interference, and weak accountability mechanisms have significantly undermined the developmental potential of waqf properties. To address these deficiencies, the Government of India enacted the Waqf (Amendment) Act, 2025, subsequently renamed the UMEED Act, 1995, presenting one of the most comprehensive governance transformations in the waqf sector. The amendment introduces structural reforms such as full-scale digitisation, enhanced enforcement measures, and inclusion of non-Muslim professionals in administrative bodies, while abolishing the legally contentious concept of “waqf by user.” This research article presents a comparative study between the Waqf Act, 1995 and the UMEED Act, 1995 by critically analysing legislative intent, administrative impact, constitutional implications, and community responses. Through a doctrinal and secondary data-based approach, the study reveals that while the amendment strengthens legal clarity and financial transparency, it also raises significant concerns related to religious autonomy, minority rights, and trust in State institutions evidenced by widespread protests and ongoing litigations challenging its constitutional validity. The article concludes that the UMEED Act has the potential to modernise and secure waqf assets for community welfare, but its success will ultimately depend on inclusive governance practices, effective stakeholder engagement, and judicial clarity from the Supreme Court. This comparative evaluation thus underscores the delicate balance required between State regulation and minority institutional autonomy, recommending that future reforms prioritise collaboration, transparency, and socio-religious sensitivity to achieve sustainable outcomes.

A COMPARATIVE STUDY OF THE WAQF ACT, 1995 AND THE UMEED ACT, 1995 (WAQF AMENDMENT ACT, 2025) Read More »

RIGHT TO PRIVACY, A FUNDAMENTAL RIGHT: A CASE STUDY ON JUSTICE K. S. PUTTASWAMY (RETD.) & ANR. V. UNION OF INDIA & ORS., 2017

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RIGHT TO PRIVACY, A FUNDAMENTAL RIGHT: A CASE STUDY ON JUSTICE K. S. PUTTASWAMY (RETD.) & ANR. V. UNION OF INDIA & ORS., 2017 Fannana Mazumder, Student, LLM, 1st semester, IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.203 Right to privacy is a complicated concept that has evolved over time and was affected by various factors. It is a multifaceted aspect which differs from person to person that seems to be easy but difficult to define. Right to privacy, in layman’s words, can be defined as the impalpable as well as physical right of any person to live freely from others’ interference or intrusion. The idea of privacy is a vague one having an intricate value. Right to privacy can also be defined as one’s freedom of choice.  The Right to Privacy is a fundamental aspect of human liberty and dignity. In India, right to privacy was recognized as a fundamental right under Article 21 of the Indian Constitution by the Supreme Court in the case of Justice K. S. Puttaswamy (Retd.) & anr. v. Union of India & ors., 2017. This case was a historic judgement that unanimously recognized Right to Privacy as a fundamental right. The historic judgement was delivered by a nine-judge bench of the Supreme Court of India in the year 2017. The case originally arose when Justice K. S. Puttaswamy, a retired judge of the Karnataka High Court via writ petition moved to Supreme Court challenging the constitutionality of the Aadhar Scheme on the grounds that it violated the citizens’ right to privacy. The primary issue in this case was that whether the right to privacy was an intrinsic part of right to life and personal liberty guaranteed under Article 21 of the Indian Constitution and a part of the freedoms guaranteed under Part III of the Constitution.  The Supreme Court of India in its nine-judge bench unanimously delivered judgement, recognized right to privacy as a fundamental right and an intrinsic part of right to life and personal liberty guaranteed under Article 21 of the Constitution of India. It was also held that right to privacy is also a part of the freedoms guaranteed under Part III of the Constitution. The Court overruled the earlier judgments in the cases of M. P. Sharma v. Satish Chandra, 1954 and Kharak Singh v. State of Uttar Pradesh, 1964, where it was held, that right to privacy was not a fundamental right. This case emphasized that any infringement on the right to privacy must satisfy the conditions of legality, necessity and proportionality. The judgement also emphasized that privacy extends to all spheres of life including individual freedoms, data protection and sexual orientation. This historic judgement laid the groundwork in the case of Navtej Singh Johar v. Union of India, 2018 for decriminalization of homosexuality. This case was a game changer in the context of individual freedom in India marking the beginning of a historic legal battle. 

RIGHT TO PRIVACY, A FUNDAMENTAL RIGHT: A CASE STUDY ON JUSTICE K. S. PUTTASWAMY (RETD.) & ANR. V. UNION OF INDIA & ORS., 2017 Read More »

CLIMATE CHANGE AND NON-HUMAN VICTIMS – THE LEGAL VOID IN PROTECTING ANIMALS DURING ENVIRONMENTAL DISASTERS

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CLIMATE CHANGE AND NON-HUMAN VICTIMS – THE LEGAL VOID IN PROTECTING ANIMALS DURING ENVIRONMENTAL DISASTERS Vikrant Madhurjya, Bachelor of Commerce and Bachelor of Laws (B.Com LLB) Student at Department of Law, NEF Law College, Guwahati, Assam (India) Smriti Parashar, Bachelor of Commerce and Bachelor of Laws (B.Com LLB) Student at Department of Law, NEF Law College, Guwahati, Assam (India) Mizba Ahmed, Bachelor of Commerce and Bachelor of Laws (B.Com LLB) Student at Department of Law, NEF Law College, Guwahati, Assam (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.202 In the theatre of climate change, the loudest cries often belong to humans, while faint echoes of non-human suffering fade unheard into the background. Climate change, though universal in nature, often remains selectively compassionate in its remedies. Each environmental catastrophe, from flood to drought, or wildfire to cyclone, leaves behind the traces of non-human invisible victims: animals are left behind to starve, die, migrate, or perish without a single legal remedy or recognition provided to them. The law remains deaf to all animals that flee from flames, drown in floods, and slowly yet gradually vanish from our ecosystem. Despite their sentience, feelings, and emotions, they remain non-living entities from the damage caused by disasters or climate change. Yet, when disaster strikes, the law counts bodies, not lives. The law tries to rebuild cities, not ecosystems. The current jurisprudence often fails to see and treat them as anything beyond just a resource, property, or mere ecological component. They often forget the fact that even animals share the same planet as ours and treat them as victims of rights or beings that are capable of suffering like us humans. This research paper seeks to explore the legal void in protecting animals during environmental catastrophes – a void born not just of mere ignorance but of moral negligence. Through this multifaceted lens combining law, morals, ethics, animal rights, and jurisprudence, this paper aims to interrogate: Can a law that excludes the voiceless ever claim to be just? What happens when the climate justice movement fails to see beyond the human species? And how can legal frameworks evolve to include non-human victims as well in the fight against climate change?

CLIMATE CHANGE AND NON-HUMAN VICTIMS – THE LEGAL VOID IN PROTECTING ANIMALS DURING ENVIRONMENTAL DISASTERS Read More »

DIGITAL DEMOCRACY OR DIGITAL CENSORSHIP? AN ANALYSIS OF KARNATAKA’S DRAFT FAKE NEWS LAW

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DIGITAL DEMOCRACY OR DIGITAL CENSORSHIP? AN ANALYSIS OF KARNATAKA’S DRAFT FAKE NEWS LAW Anushka Anand, B.A.LL. B (Hons), 9th Semester, Amity University Madhya Pradesh, India Yash Vardhan Singh, B.A.LL. B (Hons), 9th Semester, Amity University Madhya Pradesh, India Download Manuscript doi.org/10.70183/lijdlr.2025.v03.201 “Freedom of speech is the bulwark of democracy; it is the first condition of liberty.” — Justice Pralhad Balacharya Gajendragadkar, Former Chief Justice of India. The emergence of digital platforms has changed our relationship to communication, there is little to no distinction among the spaces of political propaganda, citizen expression, and journalism. The Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025 is being proposed as a mechanism to combat the growing problem of false information on the internet as this transformation continues to develop. However, the Bill’s sweeping definitions, expansive powers, and absence of independent oversight raise considerable constitutional and ethical concerns. This paper evaluates the Bill from the perspective of Indian media law where, under Article 19(2), appropriate limits on speech and writing coexist with the rights to freedom of the press and freedom of expression under Article 19(1)(a). According to the paper, this Bill decreases constitutional legitimacy in favor of censorship over regulation, pointing to important rulings, like Romesh Thappar v. State of Madras, Shreya Singhal v. Union of India, and Anuradha Bhasin v. Union of India. It appears that the Bill’s definition of “fake news” essentially gives the State the authority to determine what is “fake,” jeopardizing journalism’s Fourth Estate role and independence. More broadly, there are parallels with overseas media laws in Singapore (i.e., POFMA) and Germany (i.e., NetzDG) that demonstrate the precarious balance between restricting false information and denying opposing voices. Ultimately, the article advocates for a rights-based, open, and media-literate approach to disinformation as a problem of democratic accountability online.

DIGITAL DEMOCRACY OR DIGITAL CENSORSHIP? AN ANALYSIS OF KARNATAKA’S DRAFT FAKE NEWS LAW Read More »

CYBER LAW IN INDIA: LOOPHOLES, LEGISLATIVE BACKWARDNESS AND THE NEED FOR COMPREHENSIVE REFORM

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CYBER LAW IN INDIA: LOOPHOLES, LEGISLATIVE BACKWARDNESS AND THE NEED FOR COMPREHENSIVE REFORM Subhash Kumar, LLB 2nd Year, Dayanand College of Law, Kanpur, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.200 India’s rapid digitalization, driven by initiatives like Digital India, Aadhaar-linked services, fintech expansion, and pervasive social media use, has led to an exponential increase in cyber-dependent and cyber-enabled crimes. The National Crime Records Bureau reported 428,278 cybercrime cases in 2022, marking a 24.4% increase from 2021. However, the core legal framework governing cyberspace continues to be the information Technology Act, 2000 a statute primarily designed to facilitate e-commerce and electronic records rather than tackle complex contemporary cyber threats. This research paper argues that Indian cyber law is structurally backward, fragmented, and riddled with substantive and institutional loopholes that undermine effective prevention, investigation, and adjudication of cyber offences. Through doctrinal and analytical study of statutory provisions, landmark case law including Shreya Singhal v. Union of India and Justice K.S. Putt swamy v. Union of India, official NCRB reports, and empirical data from the Indian Cyber Crime Coordination Centre, this paper identifies key gaps: narrow and outdated offence definitions excluding deepfakes, AI-driven fraud, and cryptocurrency crimes; inadequate penalties averaging only three years imprisonment for serious offences; overlapping and conflicting provisions with the Indian Penal Code; weak intermediary liability standards under Section 79; and absence of a comprehensive cybersecurity statute. It further highlights enforcement deficits, including conviction rates below 10% nationally, limited cyber forensics capacity with only 23 operational laboratories nationwide, and uneven specialization among law enforcement and judiciary. The paper examines emerging challenges posed by artificial intelligence-driven fraud schemes worth over Rs. 1,200 crores annually, deepfakes targeting thousands of victims, cryptocurrency-enabled scams exceeding Rs. 6,000 crore per year, and cross-border cyber operations that remain largely unaddressed. The conclusion proposes comprehensive legislative, institutional, and policy reforms, including a dedicated Cybersecurity and Digital Rights Act, clearer offence definitions with proportionate penalties, specialized cybercrime infrastructure with dedicated cyber courts, and stronger victim-centric mechanisms including compensation funds and expedited redressal systems, to align India’s legal regime with the realities of the digital age.

CYBER LAW IN INDIA: LOOPHOLES, LEGISLATIVE BACKWARDNESS AND THE NEED FOR COMPREHENSIVE REFORM Read More »

THE LEGAL FRAMEWORK GOVERNING INTEGRATED CIRCUIT LAYOUT DESIGNS IN INDIA

Volume III Issue IV /

THE LEGAL FRAMEWORK GOVERNING INTEGRATED CIRCUIT LAYOUT DESIGNS IN INDIA Sulekha, National Law University Delhi (LL.M IPR) (India) Arya Verma, National Law University Delhi (LL.M IPR) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.199 The​‍​‌‍​‍‌​‍​‌‍​‍‌ SICLD Act 2000 has been a model of a specialized legal framework that India has established to meet its TRIPS obligations for the protection of the intellectual effort involved in the creation of chip topography. The Indian layout-design scheme is different from the US model which directs the protection towards products of marketed chips. The Indian scheme regards the layout-design as a separate entity. The grant of protection is very much dependent on registration only thus giving the registered owner the exclusive economic rights for a period of ten years. A design to be eligible for registration must be new have some inherent features of distinction and should not have been commercially exploited for more than two years. The Act provides for some exceptions to these private rights in the form of statutory provisions allowing reverse engineering, scientific research, and non-commercial government use. The India Semiconductor Mission (ISM) is anticipated to invigorate local filings and enforcement activities as India’s semiconductor consumption is approaching $110 billion by 2030 although the situation has been somewhat stagnant with only two registrations having been recorded by ​‍​‌‍​‍‌​‍​‌‍​‍‌2016.

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REIMAGING JUSTICE BEYOND THE COURTROOM: STRENGTHENING THE LANDSCAPE OF RURAL MEDIATION THROUGH TRANSFORMATIVE MODEL OF JSS

Volume III Issue IV /

REIMAGING JUSTICE BEYOND THE COURTROOM: STRENGTHENING THE LANDSCAPE OF RURAL MEDIATION THROUGH TRANSFORMATIVE MODEL OF JSS Jaiverdhan Singh, 2nd Year, LLB(H), Student at Amity University, Noida (India) Astha Anupy, 2nd Year, LLB(H), Student at Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.198 ADR which is relatively a new concept to our country’s legal diaspora, has always been existing in cultural nuances of India. The current Indian justice delivery system is in dire need of restitution, because India failed in providing easy access to courts and ensure speedy justice. The problems in its obvious manifestation have impacted the marginalized community the most. This article, after highlighting the existing problems, proposes a solution in form of mediation organization replicating the working principles of Jan Shikshan Sansthan. The expected outcome of the proposed solution is based on the analysis of initiatives functioning around the globe.

REIMAGING JUSTICE BEYOND THE COURTROOM: STRENGTHENING THE LANDSCAPE OF RURAL MEDIATION THROUGH TRANSFORMATIVE MODEL OF JSS Read More »

JUVENILE JUSTICE IN THE DIGITAL AGE: EXAMINING CONSENT, CAPACITY, AND CRIMINAL RESPONSIBILITY UNDER BNS‑2023 AND OTHER LAWS

Volume III Issue IV /

JUVENILE JUSTICE IN THE DIGITAL AGE: EXAMINING CONSENT, CAPACITY, AND CRIMINAL RESPONSIBILITY UNDER BNS‑2023 AND OTHER LAWS Rudra Pratap Singh, student, 3rd semester pursuing BALLB hons. at IILM university, Greater Noida (India) Adv. Paras Yadav, Advocate at Civil Court RDC Ghaziabad, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.197 The digital age has changed how young people interact, communicate, and get involved in possibly illegal activities. With the rise of social media, online gaming, and digital platforms, issues of consent, capacity, and criminal responsibility have become more complex. This paper examines juvenile justice in India, focusing on the Bharatiya Nyaya Sanhita (BNS‑2023) framework, relevant parts of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), the Indian Penal Code, and other relevant laws. By looking at legal provisions, court interpretations, and new challenges in cyberspace, this research points out gaps, suggests policy changes, and considers how the legal system can protect children while ensuring accountability in the digital world.

JUVENILE JUSTICE IN THE DIGITAL AGE: EXAMINING CONSENT, CAPACITY, AND CRIMINAL RESPONSIBILITY UNDER BNS‑2023 AND OTHER LAWS Read More »