LIJDLR

Volume III Issue IV

A COMPREHENSIVE STUDY OF THE SEBI ACT, 1992: REGULATORY FRAMEWORK, CHALLENGES, AND EMERGING REFORMS

Volume III Issue IV /

A COMPREHENSIVE STUDY OF THE SEBI ACT, 1992: REGULATORY FRAMEWORK, CHALLENGES, AND EMERGING REFORMS Radhika Kapoor, LLM Student at Amity Law School, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.179 The Securities and Exchange Board of India Act, 1992 represents a pivotal moment in the evolution of India’s capital market regulation. Enacted in response to organized market failures, insider trading scandals, and investor exploitation, the Act established SEBI as a statutory regulatory authority assigned with legislative, executive, and quasi-judicial force. Over the past three decades, SEBI has transformed the securities market by introducing reforms focused on transparency, investor protection, efficient market operations, and corporate governance. This research critically examines the legislative framework of the SEBI Act, its evolution through amendments, and SEBI’s expanding regulatory jurisdiction. The paper evaluates key mechanisms including the prohibition of fraudulent trade practices, disclosure norms, listing regulations, the takeover code, enforcement processes, and the position of adjudicating officers and Securities Appellate Tribunal. Through doctrinal analysis supported by case laws, the study assesses whether SEBI’s power adequately deals with contemporary challenges, including algorithmic trading, digital market manipulation, the rise of fintech platforms, ESG accountability, and global securities transactions. The research identifies existing gaps, such as regulatory overlapping with other authorities, limitations in authority and enforcement capabilities, and constraints posed by emerging technologies. Comparative insights from global regulatory bodies such as the SEC (United States) and FCA (United Kingdom) are used to evaluate the robustness of India’s regulatory system. Finally, the paper proposes reforms to strengthen the SEBI Act, enhance SEBI’s autonomy, modernize surveillance tools, and streamline investor grievance redressal. The study concludes that while the SEBI Act has significantly matured India’s securities regulation, dynamics and forward-looking reforms are essential to sustain market integrity in a rapidly evolving financial environment. 

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DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE

Volume III Issue IV /

DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE Sairee Ghosh, 5 YR B.A. LL.B. (Calcutta University), LL.M. (Pursuing) (Vidyasagar University) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.178 Waves of technical innovation in recent decades have greatly enhanced people’s quality of life. In the meantime, complaints about technological inequities have grown, including unequal economic distribution and racial discrimination. Experts have warned that emerging technology, such as Artificial Intelligence, might have disastrous consequences, predicting that it could spark World War III. Utilization of the internet has skyrocketed due to technological advancements, particularly after the COVID-19 pandemic, which compelled people to stay indoors. The epidemic has expedited the digital revolution. Due to restrictions on physical mobility worldwide during the pandemic, all major businesses, including education, migrated to the internet, paving the path for complete digitization. Recognizing the importance of the internet and advocating for universal access to it constitutes an urgent necessity. The courts have also highlighted the importance of the internet during the pandemic, and they have begun hearings via video conference, paving the path for the establishment of a new category of fundamental rights in the form of the right to access the internet. The legislature must recognize the importance of the internet and fulfill its obligations as a democratic government to reduce the digital gap and ensure that internet access is not restricted arbitrarily, since it is a fundamental human right. This article proposes an idea regarding a new basic Right to Technology that should be included in the Indian Constitution. Considering the vital relevance of technology to human dignity and equality, a new Constitutional Right seeks to encourage equitable sharing of technical advantages while also preventing harmful technological uses. The article begins with a discussion of the Fundamental Rights outlined in the Constitution. It then addresses the Impact of Technology on Fundamental Rights. This article discusses challenges that individuals deal with in India. It also investigates solutions for protecting the Right to Technology.

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FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS

Volume III Issue IV /

FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS Nitesh Kumar, Prof. at Vijaybhoomi University (School of Law), (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.177 Net-zero pledges have become the most important part of modern climate policy. This is because countries and businesses have agreed to cut or balance their greenhouse gas emissions by the middle of the century to meet the Paris Agreement’s temperature objectives. But the lack of instruments that can be used to enforce the rules has created a big gap in accountability between goals and actions. In response, climate litigation has developed worldwide as an effective means of transforming political climate promises into binding legal obligations. This report examines the evolution of climate litigation in enforcing net-zero commitments via local courts, regional tribunals, and international human rights institutions. It looks at important cases like “Urgenda Foundation v. State of the Netherlands,” “Milieudefensie v. Royal Dutch Shell,” “Juliana v. United States,” and “Neubauer v. Germany” to show how ideas like human rights, fairness between generations, and tort-based responsibility are now the basis for judicial efforts to force stronger action on climate change. The research further examines the matters of standing, causation, scientific ambiguity, and compliance, alongside emerging trends such as corporate fiduciary lawsuits, global enforcement, and the increasing importance of climate attribution science. In the end, it says that climate lawsuits are both a way to fix problems and a way to get things done in global climate governance. They move net-zero promises from wishful thinking into legal, scientific, and moral obligations.

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OPACITY, EQUALITY, AND POLITICAL FINANCE: EVALUATING THE SUPREME COURT’S 2024 VERDICT ON ELECTORAL BONDS

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OPACITY, EQUALITY, AND POLITICAL FINANCE: EVALUATING THE SUPREME COURT’S 2024 VERDICT ON ELECTORAL BONDS Advocate Arundhati Thakur, LL.M (Corporate Law), IILM University, Greater Noida (India) Dr. Bhavana Dhoundiyal, Assistant Professor, IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.176 This research critically explores the Supreme Court of India’s landmark 2024 judgment that struck down the Electoral Bonds Scheme (EBS) along with the related amendments to the Representation of the People Act, the Companies Act, and the Income Tax Act. Adopting both doctrinal and comparative perspectives, the study engages with questions of transparency in political funding, constitutional rights, and the wider implications for safeguarding free and fair elections in India. The Court unanimously concluded that by allowing unlimited and anonymous corporate donations, the EBS violated the voters’ right to information under Article 19(1)(a) and political equality under Article 14—thereby eroding the democratic foundation of “one person, one vote.” The paper also assesses how the 2017 Finance Act systematically diluted earlier safeguards, such as the ₹20,000 disclosure threshold under Section 29C of the Representation of the People Act, the 7.5% ceiling on corporate donations under Section 182 of the Companies Act, and the mandatory record-keeping obligations under Section 13A of the Income Tax Act. By weakening or removing these provisions, the EBS entrenched opacity, widened economic inequality in political influence, and opened the door to quid pro quo arrangements. In its reasoning, the Court reaffirmed the integrated approach to fundamental rights by invoking the doctrine of “manifest arbitrariness” and applying the proportionality test. At the same time, this paper argues that the Court could have gone beyond reinstating the earlier legal framework. While striking down the EBS, it could have issued guidelines that both acknowledged the government’s rationale for introducing the scheme and set transparency safeguards for future reforms. Such principles would have provided Parliament with a constitutional roadmap for designing a more balanced and accountable framework of political funding. Accordingly, this study proposes illustrative guidelines that the Court might have introduced while delivering its decision.

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CAPITAL PUNISHMENT AND REHABILITATION METHODS IN GANDHIAN VIEWS ON THE PRISON SYSTEM

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CAPITAL PUNISHMENT AND REHABILITATION METHODS IN GANDHIAN VIEWS ON THE PRISON SYSTEM Dilsha.S, Research Scholar Department of Gandhian Thought and Peace Science, Gandhigram Rural Institute (DU), Gandhigram, Tamil Nadu, (India) Dr.R.Mani, Professor and HoD Department of Gandhian Thought and Peace Science, Gandhigram Rural Institute (DU), Gandhigram, Tamil Nadu, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.175 The relationship between the death penalty and rehabilitation in the Indian criminal justice system is examined in this study, with a particular emphasis on Gandhian ideas. Despite ongoing discussions on its morality and legality, India has maintained the death sentence for the “rarest of rare” cases over time. According to Amnesty International (2021), there is insufficient proof to conclude that the death penalty deters significant crimes, despite its intended deterrent effect. Meanwhile, rehabilitation has become a more constructive and humane option. Programs including skill training, education, and counselling have been implemented in several Indian jails to reform offenders and lower the number of repeat offences (NCRB, 2022). The emotional and social effects of the death sentence on prisoners and their families are also highlighted by this study; these effects frequently result in social shame and chronic trauma. However, when done correctly, rehabilitation allows successful reintegration into society, better mental health, and personal transformation (UNODC, 2020). Additionally, the paper discusses the growing popularity of restorative justice techniques, which emphasize reconciliation and accountability above punishment. Mahatma Gandhi was adamantly against the death sentence, and his opinions form the basis of a significant portion of this study. He held that the goal of the legal system should be to heal, not to damage, and that no one is beyond reform. Gandhi’s focus on self-improvement, non-violence, and moral growth makes a strong case for meaningful rehabilitation in place of the death penalty (Gandhi, 1931). His theories urge society to view prisons as venues for change rather than as sites of retaliation. In light of contemporary criminal policy, this study revisits Gandhian ideas to make the case for a more humane and reform-focused approach to justice in India.

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TRAUMA-INFORMED POLICING IN CHILD SEXUAL ABUSE CASES: IMPLEMENTATION CHALLENGES IN THE INDIAN CONTEXT

Volume III Issue IV /

TRAUMA-INFORMED POLICING IN CHILD SEXUAL ABUSE CASES: IMPLEMENTATION CHALLENGES IN THE INDIAN CONTEXT Aditya Gupta, Research Scholar, Department of Law, Research Center – Govt. State Level Law PG College, Bhopal (India) Prof. Dr. Roma Mukherjee, Professor, Department of Law, Research Center – Govt. State Level Law PG College, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.174 Child sexual abuse remains one of the most heinous crimes against vulnerable populations, with far-reaching psychological, social, and legal implications. In India, despite progressive legislative frameworks such as the Protection of Children from Sexual Offences (POCSO) Act, 2012, the investigation and prosecution of child sexual abuse cases face significant challenges rooted in traditional policing methods that often re-traumatize victims. Trauma-informed policing represents a paradigm shift that prioritizes the psychological well-being of child victims while maintaining investigative integrity. This paper examines the conceptual foundations of trauma-informed policing, analyzes its implementation challenges within the Indian socio-legal context, and proposes evidence-based recommendations for systemic reform. Drawing upon international best practices, empirical research, and case law analysis, this study argues that effective implementation of trauma-informed approaches requires comprehensive training reforms, institutional restructuring, multi-agency collaboration, and sustained commitment to child-centric justice delivery. This paradigm shift in policing not only improves the quality of investigations but also plays a crucial role in the recovery and well-being of child victims. By prioritizing the psychological needs of children and ensuring their dignity throughout the legal process, trauma-informed policing can create a more supportive environment, ultimately leading to more reliable testimonies and better long-term outcomes for survivors. This study highlights the necessity of a holistic, victim-centered approach to criminal justice, aiming for systemic reform that upholds both justice and healing for vulnerable populations.

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IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT ON LAW-ENFORCEMENT INVESTIGATIONS

Volume III Issue IV /

IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT ON LAW-ENFORCEMENT INVESTIGATIONS Jyoti, LL. M. Student at School of Law, Bennett University, Greater Noida, U.P., (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.173 India’s data privacy paradigm has been revitalised through the Digital Personal Data Protection Act, 2023 (DPDP Act), which demands vigorous protection of personal data and, at the same time, extends some important exemptions to the law enforcement agencies. One of the major reasons for this Act getting into place was the expected increase in cybercrimes in 2025, their types including ransomware attacks, encrypted terror communications, etcIndia’s data privacy paradigm has been revitalised through the Digital Personal Data Protection Act, 2023 (DPDP Act), which demands vigorous protection of personal data and, at the same time, extends some important exemptions to the law enforcement agencies. One of the major reasons for this Act getting into place was the expected increase in cybercrimes in 2025, their types including ransomware attacks, encrypted terror communications, etc. This Act, through its Section 17(1)(c), gives the power to data processing for offence prevention, detection, investigation, or prosecution without seeking the consent of the individual, or of confirming the accuracy of the information to such agencies as the CBI and state police. Such practices provide law enforcement officials quick access to the digital evidence of private fiduciaries, making it easier for them to overcome the encryption problems in cases of financial fraud and terror financing, as has been indicated in the recent investigations by the Delhi Police. The Draft Rules of 2025 support this by demanding timely breach notifications and specifying fiduciary responsibilities. On the other hand, there are still challenges present: the centralised Data Protection Board (DPB) has been criticised for being potentially influenced by the executive, hence losing accountability and public trust in government, leading to probes. The potential for misuse posed by enforcement gaps has been highlighted, particularly concerning the rise of AI-driven crimes, which are taking centre stage in the media. In the end, the DPDP Act favours the cause of investigations in this digital era, but it also calls for the DPB to remain independent and to support itself with technology to reach the optimal balance between privacy and security.  

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TOWARDS A BALANCED MALPRACTICE SYSTEM: ASSESSING THE ROLE OF KEY NEGLIGENCE DOCTRINES IN MODERN MEDICAL LITIGATION

Volume III Issue IV /

TOWARDS A BALANCED MALPRACTICE SYSTEM: ASSESSING THE ROLE OF KEY NEGLIGENCE DOCTRINES IN MODERN MEDICAL LITIGATION Nirmala K, The Tamil Nadu Dr Ambedkar Law University, School of Excellence in Law, Chennai (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.172 Medical malpractice litigation has undergone a significant transformation over the past few decades, influenced by technological advancements, increased patient awareness, and evolving legal standards concerning the medical duty of care. Central to this evolution are three crucial negligence doctrines-Res Ipsa Loquitur, Novus Actus Interveniens, and Contributory Negligence of which play a vital role in determining fault, apportioning liability, and clarifying the relationship between medical causation and legal responsibility. Despite their importance, the contemporary application of these doctrines in India remains inconsistent and often unclear, especially in cases involving complex clinical procedures, multi-causal injuries, and ambiguous patient involvement in treatment outcomes. The study examines these doctrines through doctrinal, analytical, and comparative methodologies, drawing from Indian, UK, and US jurisprudence to evaluate adequacy, limitations, and the necessity of reform. The findings suggest that while these doctrines aid courts in assessing medical liability, their fragmented application has led to doctrinal ambiguity and occasional injustice. The paper concludes by proposing a reform framework aimed at achieving a balanced malpractice system that protects patient rights while ensuring a fair, predictable, and medically realistic burden on healthcare providers.

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PROPERTY MANAGEMENT VS. RELIGIOUS PRACTICE: ANALYSE CONTEMPORARY CHALLENGES OF WAQF REGULATIONS

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PROPERTY MANAGEMENT VS. RELIGIOUS PRACTICE: ANALYSE CONTEMPORARY CHALLENGES OF WAQF REGULATIONS Soumya Patnaik, 3rd Year- BBA LLB (Hons) Student at Birla Global University, Odisha (India) Tithi Naskar, 3rd Year- BBA LLB (Hons) Student at Birla Global University, Odisha (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.170 The comprehensive analysis concludes that the Waqf (Amendment) Act, 2025, which renames the principal legislation to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, successfully addresses critical historical administrative and financial failings concerning Mutawalli (Waqf manager) accountability. This success is achieved through several structural mechanisms: the acceleration of removal procedures under the amended Section 64, the enforcement of stringent compliance standards, and the introduction of robust judicial review via the appellate provisions of Section 83(9). The Waqf (Amendment) Act, 2025, has introduced one of the most contentious legislative changes in the history of Islamic endowment law in India by prospectively abolishing the concept of Waqf by User (Section 4(ix)(b)). Historically recognized as a dedication based on long-standing communal use rather than formal documentation, this doctrine provided a mechanism for recognizing properties dedicated through custom. This paper conducts a constitutional analysis of this abolition, weighing the claims of infringement on religious freedom (Articles 25 and 26) against the State’s justification based on administrative necessity, curbing systemic property encroachment, and promoting transparency. Judicial observations at the interim stage indicate a prima facie acceptance of the State’s argument that the measure is a necessary and non-arbitrary exercise of legislative power aimed at correcting historical mismanagement and property fraud. One example cited is the disproportionate burden related to evidentiary requirements. Islamic law historically recognized the validity of oral contracts and testimonies in establishing a Waqf. However, the 2025 Act imposes stringent documentation and registration requirements, implicitly excluding traditional oral Waqfs. Critics point out that no such centralized or disproportionate burdens exist under the Hindu Religious and Charitable Endowments (HRCE) Acts, which govern similar charitable properties. This differential treatment, where one religious endowment is singled out for intrusive regulation and stringent documentation requirements not paralleled in other religious trusts, is alleged to breach the constitutional guarantee of equality. Petitioners contend that the 1995 Act, and its subsequent amendments, operate like “external Muslim invaders looting properties of other communities,” breaching Articles 25, 26, 29, and 300A, and manifesting hostile discrimination under Articles 14 and 15. Legally, a valid waqf requires a founder who donates the ownership of the property in the name of Allah, and that property is used for poor students, mosques, and hospitals. The 3 core principles of this organization are permanence, immutability, and non-transferability.  Historically, waqf has played an important role in Muslim society. Waqf represents a unique Islamic model that combines spiritual merit with long-term social capital formation. The concept of Waqf occupies a significant place in Islamic jurisprudence as a unique form of charitable endowment.

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