LIJDLR

Volume III Issue IV

THE VANISHING NATIONS AND THE LEGAL RIGHTS OF CLIMATE REFUGEES FROM SINKING ISLAND STATES

Volume III Issue IV /

THE VANISHING NATIONS AND THE LEGAL RIGHTS OF CLIMATE REFUGEES FROM SINKING ISLAND STATES Anbunila P, 4TH (BBA LLB HONS), BHARATH INSTITUTE OF LAW – BIHER, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.166 Whole nations are slowly going underwater not due to war or poverty, but rather rising sea levels. As islands such as Tuvalu and Kiribati watch their territorial borders slip away along with their land mass, one very ominous legal question now arises: what happens to a nation whose land disappears, and what happens to the people of that nation when there is no state for them to identify themselves as citizens of? This article addresses a significantly under-explored area of climate-induced statelessness and the legal invisibility of climate refugees in international law. Using a doctrinal and comparative approach, this paper evaluates and critiques the deficiencies of existing legal regimes-the 1951 Refugee Convention and the 1961 Statelessness Convention-in tackling such legal question. The paper also looks at how existing frameworks, such as the UNFCCC and the Paris Agreement, do not grant displaced persons due binding protection from environmental collapse, and how the absence of enforceable obligations continues to marginalize affected communities. It considers the emerging responses, including the proposals for digital sovereignty where nations such as Tuvalu attempt to preserve their identity, governance, and culture through technological continuity. It argues that ultimately, climate displacement is a constitutional and moral crisis, not just a humanitarian concern, which redefines concepts of nationhood, citizenship, and human rights; it calls for wide-reaching legal reform, ethical responsibility, and collective international cooperation to ensure that when land disappears, the law, identity, and justice will endure beyond the tides.

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PRISON OVERCROWDING IN INDIA: A COMPREHENSIVE STUDY OF CAUSES, EFFECTS, AND REFORM MEASURES

Volume III Issue IV /

PRISON OVERCROWDING IN INDIA: A COMPREHENSIVE STUDY OF CAUSES, EFFECTS, AND REFORM MEASURES Chaitali Das, LLM, Department of Law, Murshidabad University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.165 Overcrowding in Indian prisons has become one of the leading issues in the criminal justice system. Ample of evidence suggests that a large proportion of the prison population includes undertrial prisoners who are incarcerated for long periods of time, which is often attributed to delays in the judicial process of adjudicating cases, limited legal aid services, and socio-economic conditions. Overcrowding in prisons results in situations that are inhumane and unsanitary, decreases accessibility to adequate health care, increases instances of violence in prisons, and provides minimal or no rehabilitative prospects. This paper will examine the historical background of prisons in India, the structural and systemic bases for why overcrowded prisons exist, and the far-reaching effects on prisoners, staff, and society. It will also include recent statistical data to demonstrate the current state of prisons in India, and suggest broad reforms, including speedy trials, examining alternatives to imprisonment, improving humane treatment of prisoners, enhancing conditions of prisons, better access to legal aid services, and improving rehabilitation opportunities. Addressing overcrowded prisons is crucial to safeguard constitutional rights, humane treatment of prisoners, and a functioning justice system focused on rehabilitation.

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RECOGNISING THE UNRECOGNISED: THE PURSUIT OF IDENTITY AND DIGNITY BY TRANSGENDER PERSONS IN INDIA

Volume III Issue IV /

RECOGNISING THE UNRECOGNISED: THE PURSUIT OF IDENTITY AND DIGNITY BY TRANSGENDER PERSONS IN INDIA K.Abitha, Pursuing LLM at Government Law college at Coimbatore, Tamil Nadu (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.164 Transgender persons in India have historically endured social exclusion, marginalisation, and systemic denial of their rights. Despite constitutional safeguards and landmark judicial interventions, including NALSA v. Union of India (2014), and the enactment of the Transgender Persons (Protection of Rights) Act, 2019, they continue to face significant challenges in asserting their identity and securing dignity. This study seeks to explore the legal frameworks, socio-cultural barriers, and policy measures that shape the lived experiences of transgender persons in contemporary India. By analysing judicial pronouncements, legislative provisions, and social realities, the research highlights the gap between legal recognition and social acceptance. It critically evaluates the effectiveness of existing laws in empowering transgender persons and examines the role of public policy, societal attitudes, and educational initiatives in promoting inclusion. The study also draws comparative insights from international human rights practices to suggest pathways for reform. In doing so, it emphasises that legal recognition alone is insufficient; sustained social, cultural, and institutional support is essential to realise the fundamental rights of transgender persons. As Justice Rohinton Fali Nariman once remarked, “The Constitution does not merely protect the majority; it safeguards the rights of those who are marginalised and vulnerable.” This research ultimately advocates for a holistic approach that not only recognises transgender persons legally but also affirms their identity, dignity, and rightful place in Indian society.

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(“RETRACTED ARTICLE”) HARNESSING INTELLECTUAL PROPERTY FOR CLIMATE ACTION: PROMOTING GREEN INNOVATION THROUGH LEGAL REFORM

Volume III Issue IV /

RETRACTED ARTICLE HARNESSING INTELLECTUAL PROPERTY FOR CLIMATE ACTION: PROMOTING GREEN INNOVATION THROUGH LEGAL REFORM This article has been retracted and should not be cited as a research article. The DOI is retained solely for record purposes. Arya Verma, LL.M IPR, National Law University Delhi (India) doi.org/10.70183/lijdlr.2025.v03.163 RETRACTION NOTICE Title: Harnessing Intellectual Property for Climate Action: Promoting Green Innovation through Legal ReformAuthor: Arya VermaJournal: LawFoyer International Journal of Doctrinal Legal Research (LIJDLR)Volume/Issue: Volume 3 Issue 4 (2025)DOI: 10.70183/lijdlr.2025.v03.163 The Editorial Board of the LawFoyer International Journal of Doctrinal Legal Research hereby informs readers that the above-mentioned article has been retracted. The author communicated a request for withdrawal after the completion of copyright formalities and while the manuscript was already in the publication stage. At the time the communication was received, the manuscript had already proceeded through the publication workflow and was consequently published. Subsequently, the author informed the Editorial Board that the same manuscript had already been published in another journal, which is contrary to the journal’s submission and publication policies. Upon examination of the matter and in order to uphold academic integrity and publication ethics, the Editorial Board has decided to formally retract the article from the journal’s active scholarly record. The full text of the article has been withdrawn from public access. This retraction does not affect the publication status, pagination, or DOI assignment of other articles published in the same issue. Date of Retraction: 14th December 2025.

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REGULATORY EQUILIBRIUM IN EMERGING MARKETS: SAFEGUARDING CONSUMERS WHILE PRESERVING FINTECH INNOVATION UNDER NATIONAL LEGAL FRAMEWORKS IN SOUTH ASIA

Volume III Issue IV /

REGULATORY EQUILIBRIUM IN EMERGING MARKETS: SAFEGUARDING CONSUMERS WHILE PRESERVING FINTECH INNOVATION UNDER NATIONAL LEGAL FRAMEWORKS IN SOUTH ASIA Anmol Singhal, 4th Year B.A. LL.B Student at Bharati Vidyapeeth (Deemed to be University) New Law College, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.162 The rapid proliferation of financial technology across South Asian economies has created unprecedented opportunities for financial inclusion and digital transformation, yet simultaneously exposed regulatory gaps that threaten consumer interests and systemic stability. This paper examines the critical nexus between innovation facilitation and consumer protection mechanisms within existing national regulatory frameworks across the region. Drawing on comparative analysis of regulatory approaches in India, Bangladesh, Sri Lanka, and other South Asian jurisdictions, the study investigates how policymakers navigate the inherent tensions between fostering a competitive fintech ecosystem and implementing robust safeguards against predatory practices, data breaches, and systemic risks. The paper argues that effective regulation requires not merely restrictive compliance but rather a calibrated, innovation-aware legal architecture that accommodates emerging business models, including digital lending platforms, payment service providers, and alternative investment mechanisms, whilst maintaining stringent consumer protection standards. Through examination of licensing frameworks, prudential norms, and grievance redressal mechanisms, this work demonstrates that the regulatory challenge in South Asia transcends traditional binary approaches. Instead, it necessitates dynamic legal instruments capable of evolving alongside technological advancement, supported by institutional capacity-building among regulators and meaningful stakeholder participation. The research concludes that sustainable fintech governance depends on establishing enforceable consumer protection standards, transparent algorithmic accountability and cross-border regulatory coordination, without imposing prohibitive compliance burdens that stifle legitimate innovation. Ultimately, this paper contributes to ongoing policy discourse by proposing a contextualised regulatory framework suited to South Asia’s development imperatives and technological trajectory.

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CONSUMER JUSTICE, MEDICAL NEGLIGENCE AND JUDICIAL RESTRAINT: A COMMENT ON DEEP NURSING HOME V. MANMEET SINGH MATTEWAL (2025 INSC 1094)

Volume III Issue IV /

CONSUMER JUSTICE, MEDICAL NEGLIGENCE AND JUDICIAL RESTRAINT: A COMMENT ON DEEP NURSING HOME V. MANMEET SINGH MATTEWAL (2025 INSC 1094) Appoorvaa S, 2nd Year LL.M (Criminal Law and Criminal Justice Administration), School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.161 The Supreme Court of India, in Deep Nursing Home and Another v. Manmeet Singh Mattewal and Others, reaffirmed one of the cornerstones of adjudicatory discipline — that no tribunal or consumer forum may travel beyond the pleadings of the parties or reconstruct a case never advanced before it. This judgment, by Justice Sanjay Kumar and Justice Satish Chandra Sharma, marks an important point in consumer jurisprudence, particularly within the domain of medical negligence. The Court set aside concurrent findings of the State and National Consumer Disputes Redressal Commissions (SCDRC and NCDRC), which had imposed liability upon medical professionals despite the absence of corresponding allegations in the original pleadings. The Importance of this decision goes well beyond its factual matrix: it reinstates judicial restraint within consumer for a, strengthens the sanctity of pleadings, and reiterates the requirement of expert medical opinion for the determination of professional negligence. The reasoning of the Court is based on seminal judgments like Trojan & Co. v. Nagappa Chettiar and Ram Sarup Gupta v. Bishun Narain Inter College that have long stated that adjudication must be limited to the issues thrown up by the parties. While contextualizing this case, the Supreme Court has strengthened the principle that, for consumer protection, it is essential to work within the borders of procedural fairness and substantive justice. This judgment, therefore, reaffirms the necessity of adhering to established legal frameworks and the importance of avoiding judicial overreach in complex matters of medical negligence. The decision emphasizes that the legal process must maintain its integrity, ensuring that all parties are treated fairly within the scope of the law.

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GUARDIANS OF HERITAGE, ENGINES OF TRADE: GEOGRAPHICAL INDICATIONS AND INDIANS GLOBAL FOOTPRINT

Volume III Issue IV /

GUARDIANS OF HERITAGE, ENGINES OF TRADE: GEOGRAPHICAL INDICATIONS AND INDIANS GLOBAL FOOTPRINT Komal Muskan Pandita, 1st semester LLM Student at Amity Law School, Amity University, Punjab (India). Arshpreet Kour, 1st semester LLM Student at Amity Law School, Amity University, Punjab (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.160 Geographical Indications (GIs) represent one of the most vibrant crossroads of trade, intellectual property, and cultural background in international law. They basically are that form of intellectual property that protects the reputation, qualities, and distinctive character of a product linked to a specific geographical origin. For India, which boasts a wealth of agricultural products and diverse craft traditions, Geographical Indications (GIs) serve as legal tools that connect intangible cultural heritage to markets, income opportunities, and international branding efforts. This paper explores the Indian GI framework, its relationship with the TRIPS agreements, and the worldwide recognition and enforcement of Indian GIs. Through a variety of Indian case studies, including Darjeeling Tea, Basmati Rice, Banarasi Saree, Alphonso Mango, Kanchipuram Silk, Mysore Sandalwood Oil, Feni, Pochampally Ikat, Blue Pottery of Jaipur, and others, the paper assesses legal protection strategies, commercial results, enforcement difficulties, and the policy measures necessary to enhance both domestic impacts and international acknowledgment. This research integrates statutory interpretation, contextual analysis of treaties, registry data, and current case law, along with trade developments, to provide actionable suggestions for legal and policy adjustments aimed at enhancing the global competitiveness and cultural protection of Indian GIs.

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UNMASKING SHELL COMPANIES: AN INDIAN CORPORATE LAW ASSESSMENT

Volume III Issue IV /

UNMASKING SHELL COMPANIES: AN INDIAN CORPORATE LAW ASSESSMENT Snehal Bajpeyee, National Law University and Judicial Academy, Assam (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.159 This paper examines the complex role of shell companies within India’s corporate and financial ecosystem, emphasising their dual character as both legitimate business tools and high-risk vehicles for illicit activities. While shell companies can facilitate investment structuring, asset holding, and cross-border transactions, their opacity makes them vulnerable to misuse for money laundering, tax evasion, benami ownership, and concealment of undisclosed foreign assets. Through an analysis of major global scandals such as the Panama Papers and the 1MDB fraud, the study illustrates how shell structures can be weaponised to obscure financial trails and enable corruption. In the Indian context, the paper evaluates the legal and regulatory framework governing shell entities across multiple statutes, including the Companies Act, 2013, the Prevention of Money-Laundering Act, 2002, the Benami Transactions (Prohibition) Amendment Act, 2016, and the Black Money Act, 2015. It assesses the government’s increasing reliance on strike-offs, physical verification, beneficial ownership requirements, and stringent reporting obligations to curb corporate opacity. The study also investigates the role of corporate service providers and their potential involvement in facilitating illicit transactions through the creation and management of shell companies. It highlights the effectiveness of India’s recent regulatory measures, such as the push for enhanced disclosure requirements and increased scrutiny of foreign direct investment, but also identifies gaps and challenges in enforcement. While legislative reforms have made progress, there remains a need for stronger inter-agency coordination and a more robust global framework to address cross-border misuse. Furthermore, the paper suggests that technological advancements, such as blockchain and AI-driven data analysis, could significantly enhance the government’s ability to trace and monitor shell companies more effectively.

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DEEPFAKE AI AND CRIMINAL LAW: A NEW AGE THREAT TO WOMEN’S SAFETY

Volume III Issue IV /

DEEPFAKE AI AND CRIMINAL LAW: A NEW AGE THREAT TO WOMEN’S SAFETY Srishti Sehgal, B.A. LL.B (Hons.), K.R. Mangalam University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.158 Technological innovation in Artificial Intelligence (AI) has given rise to “deepfakes” — hyper-realistic synthetic images, videos, and audio generated through deep learning algorithms that can convincingly depict individuals in fabricated scenarios. While this technology has creative potential, its misuse has evolved into a disturbing digital threat, particularly against women. Non-consensual sexual deepfakes, cyberstalking, identity theft, defamation, and extortion have become modern forms of gender-based violence, undermining women’s dignity, privacy, and mental health. This research critically examines the intersection of deepfake technology and criminal law, assessing whether existing legal provisions under the Indian Penal Code (IPC) and the Information Technology Act, 2000 are sufficient to address AI-driven sexual exploitation and image-based abuse. It adopts a doctrinal, comparative, and socio-legal methodology, integrating psychological studies and international legal developments, including the U.S. Take It Down Act (2025), the U.K. Online Safety Act (2023), and the EU AI Act. Through analysis of case law, policy gaps, and emerging judicial responses—such as the Bombay High Court’s 2025 deepfake-takedown order—this paper argues that India’s existing legal mechanisms remain fragmented and inadequate. It advocates for a dedicated deepfake legislation, mandatory takedown timelines, platform accountability, and institutional support systems for victims. The study concludes that safeguarding women in the age of artificial intelligence requires a proactive, rights-based legal framework that harmonizes technological innovation with human dignity.

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THE STANDARD OF PROOF IN CRIMINAL CASES: BALANCING JUSTICE AND FAIRNESS IN THE JUDICIAL PROCESS

Volume III Issue IV /

THE STANDARD OF PROOF IN CRIMINAL CASES: BALANCING JUSTICE AND FAIRNESS IN THE JUDICIAL PROCESS Mayank Kumar, 1st Semester LLM, IILM University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.157 The standard of proof is a crucial defence in criminal law that keeps people from being wrongfully convicted. The prosecution must establish the accused’s guilt to the point where there is no room for logical doubt in order to meet the highest of these standards, “beyond a reasonable doubt.” The study looks at the difficulties that come with these explanations and how judges explain this idea to juries. In criminal law, the standard of proof is a vital defence that prevents wrongful convictions. To meet the highest of these standards, the prosecution must prove the accused’s guilt “beyond a reasonable doubt,” meaning that there must be no room for logical doubt. Examining the standard’s background, definition, and relevance, this essay emphasizes how important it is to uphold constitutional rights and ensure fair trials. One of the main topics of discussion is the subjective nature of “reasonable doubt,” which frequently leads to varying interpretations among Judges and uneven applications in courtrooms. The study examines how judges present this concept to juries as well as the challenges associated with these explanations. In the 2020 U.S. Supreme Court ruling in Ramos v. Louisiana, which declared that jury verdicts in criminal trials must be unanimous to satisfy the Sixth Amendment. This decision overturned long-standing practices in Louisiana and Oregon, reinforcing the connection between jury unanimity and the integrity of the reasonable doubt standard. The paper also compares how the standard of proof is treated in common law versus civil law systems, highlighting different judicial philosophies. Furthermore, it analyses how advances in forensic science and digital evidence have reshaped the evaluation of proof in modern trials—bringing both benefits and new concerns, particularly about juror interpretation and possible overdependence on complex technical evidence. In conclusion, maintaining a strong and clearly understood standard of proof is vital to justice. The reaffirmation of jury unanimity in Ramos strengthens protections for defendants and reflects an ongoing commitment to fair and reliable outcomes in criminal law.

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