LIJDLR

Volume III Issue IV

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

Volume III Issue IV /

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

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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

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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

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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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STOCK MARKET VOLATILITY: FROM CAUSES TO CONSEQUENCES

Volume III Issue IV /

STOCK MARKET VOLATILITY: FROM CAUSES TO CONSEQUENCES Anuj Wankhade, Research Scholar at Vishwakarma University, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.169 Asset return volatility has become a central focus for investors, policymakers, portfolio managers, brokers, academicians, and regulators, as it significantly influences financial decision-making and capital market performance. The stock market plays a crucial role in a country’s economic development, and volatility, widely regarded as a measure of financial vulnerability, creates uncertainty that affects investment expectations and outcomes. Volatility is triggered by the arrival of new information and is shaped by public information, private signals, and historical price trends. Defined as instability or fluctuation, volatility is commonly measured through standard deviation, capturing daily, weekly, and monthly price variations. A wide range of factors contribute to volatility, including macroeconomic indicators, political developments, market sentiment, and technological changes, all of which can alter investor confidence and market stability. While previous studies have examined specific causes and effects of stock market volatility, there remains a need for a comprehensive understanding of the interactions among these determinants and their broader implications. This research seeks to identify the primary drivers of stock market volatility, analyse the mechanisms through which they influence market behaviour, and assess their consequences for diverse stakeholders. By bridging existing gaps in the literature, the study aims to provide deeper insights into the causes and consequences of volatility in financial markets, thereby supporting informed decision-making and effective risk management.

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DETENTION CAMPS IN INDIA: LEGAL CONCERNS AND PATHWAYS TO REFORM

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DETENTION CAMPS IN INDIA: LEGAL CONCERNS AND PATHWAYS TO REFORM Biprajit Chatterjee, B.A.LL.B, 4th Year, 7th Semester Student at West Bengal (India) Taniya Deb, B.A.LL.B, 4th Year, 7th Semester Student at West Bengal (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.168 This study explores the operation of detention camps in India, examining their compliance with legal standards and implications for human rights. Focusing on the regulatory landscape established by the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA), it evaluates the legality and constitutionality of detention practices. By scrutinizing the adequacy of due process and the protection of individual rights within these facilities, the study aims to discern potential violations and gaps in the legal framework governing detention procedures. Furthermore, the study investigates the conditions prevailing within detention camps, including overcrowding, substandard living conditions, and limited access to healthcare, analyzing their conformity with international human rights standards. It also explores allegations of mistreatment and abuse, considering their legal ramifications and the avenues for redress. Moreover, the study examines the impact of detention camps on marginalized communities, identifying patterns of systemic discrimination and disproportionate representation. By elucidating these disparities, it seeks to inform policy discourse and advocate for measures to address underlying inequalities. Ultimately, the study advocates for transparency, accountability, and the protection of human rights within the context of detention practices. It endeavors to contribute to the development of a legal and humanitarian framework that upholds principles of justice, dignity, and equality for all individuals affected by detention policies in India.

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HINDUTVA, POLITICS, AND KHALISTAN: A STUDY ON THE RE-IGNITION OF THE KHALISTAN MOVEMENT IN THE 21ST CENTURY

Volume III Issue IV /

HINDUTVA, POLITICS, AND KHALISTAN: A STUDY ON THE RE-IGNITION OF THE KHALISTAN MOVEMENT IN THE 21ST CENTURY Anuradha Padhy, Associate Faculty at Vijaybhoomi University, Maharashtra (India) Pallavi Chikkala, Associate Faculty at Vijaybhoomi University, Maharashtra (India) Ujjwala Karambhe, Associate Faculty at Vijaybhoomi University, Maharashtra (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.167 This paper examines the parallel histories and ideologies of Hindutva and the Khalistan movement, two divergent currents in Indian politics. Hindutva, articulated by Vinayak D. Savarkar in the early 20th century, envisions India as a “Hindu nation” defined by common culture and ancestry, and has underpinned the rise of Hindu nationalist parties (e.g. RSS/BJP) in India’s politics. In contrast, the Khalistan movement emerged in the 1970s–80s as a Sikh separatist campaign demanding an independent Punjab for Sikhs, galvanized by grievances over community rights and events like Operation Blue Star. We trace the key origins and figures (e.g. Savarkar, Bhindranwale), doctrinal tenets, and major events (e.g. Babri Masjid demolition in 1992, 1984 anti-Sikh riots) that shaped each ideology. The analysis then turns to recent developments as of 2025: in India, Hindutva has been institutionalized through the electoral dominance of the BJP, new laws (e.g. CAA, anti-conversion statutes), and changes in education (Hindu-centric curricula). Simultaneously, the Khalistan cause has seen a resurgence abroad, especially among diasporic Sikh communities in Canada, the UK, and the US. High-profile incidents – notably the 2023 assassination of Canadian Sikh leader Hardeep Nijjar and subsequent Canada–India diplomatic clash – spotlight renewed activism and state tensions. Social media and digital campaigns have become crucial to Khalistan advocacy (e.g. online “referendums,” virtual protests). 

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