LIJDLR

Volume IV Issue I

BEYOND THE BINARY: ANALYZING INTERSECTIONAL BARRIERS TO JUSTICE AND THE IMPLEMENTATION CRISIS OF ANTI-HARASSMENT LAWS FOR MARGINALIZED IDENTITIES IN INDIA

Volume IV Issue I /

BEYOND THE BINARY: ANALYZING INTERSECTIONAL BARRIERS TO JUSTICE AND THE IMPLEMENTATION CRISIS OF ANTI-HARASSMENT LAWS FOR MARGINALIZED IDENTITIES IN INDIA Astha Pandey, BALLB/5th year/10 semester Student at Amity Law School Lucknow (India) Dr. Kunvar Dushyant Singh, Assistant Professor at Amity Law School Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.39 This paper examines how India’s anti-harassment legal regime, while formally grounded in equality and dignity, often fails to deliver effective remedies for persons whose lived identities do not align with dominant, binary and majoritarian assumptions embedded in institutional practice. Using an intersectional lens, it argues that harassment is not merely an individual wrong but a structural harm produced through overlapping hierarchies of gender, caste, class, disability, sexuality, religion, migration status, and workplace precarity. The study maps how these intersecting locations shape exposure to harassment, the capacity to report, and the credibility afforded to complainants during internal and external processes. It highlights the “implementation crisis” as a composite failure: procedural formalism without survivor-centric safeguards, weak internal committee independence, confidentiality lapses and retaliatory practices, under-reporting driven by stigma and livelihood insecurity, and uneven access to legal literacy and representation. Particular attention is paid to the erasures faced by transgender, gender non-conforming, queer, and other marginalized identities within complaint pathways that were designed around a narrow archetype of the complainant and the workplace. The paper further critiques how institutions translate statutory compliance into checkbox governance, prioritizing risk management over substantive justice, thereby reproducing exclusion even when mechanisms exist on paper. Finally, it proposes a shift from minimalist compliance to an inclusive, intersectional framework that strengthens accountability, ensures accessibility and reasonable accommodation, improves evidentiary sensitivity to power asymmetries, and aligns anti-harassment governance with constitutional commitments to equality and non-discrimination.

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R V R [1992] 1 AC 599 HOUSE OF LORDS, UNITED KINGDOM: LANDMARK CASE ANALYSIS

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R V R [1992] 1 AC 599 HOUSE OF LORDS, UNITED KINGDOM: LANDMARK CASE ANALYSIS Diya Deb, 2nd year (BA.LLB Hons) Student at TECHNO INDIA UNIVERSITY, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.38 The decision of the House of Lords in R v R [1992] 1 AC 599 stands as a transformative moment in English criminal law. For over two centuries, the common law had accepted the proposition, attributed to Sir Matthew Hale in 1736, that a husband could not be guilty of raping his wife, on the fiction that marriage entailed irrevocable consent to sexual intercourse. This case analysis examines how that doctrine was ultimately dismantled by the House of Lords in 1991. The paper traces the factual background of the case and its progression through the Crown Court and the Court of Appeal before reaching the House of Lords. It identifies the principal legal issues: whether the marital rape immunity formed part of English law, whether it could be abolished through judicial development of the common law, and whether such abolition would amount to impermissible retrospective criminalisation. The competing arguments of the prosecution and the defence are analysed, particularly the constitutional objection that reform of this magnitude was a matter for Parliament rather than the judiciary. The analysis further examines the reasoning adopted by the House of Lords in declaring the immunity obsolete, distinguishing the ratio decidendi from obiter dicta. Finally, the paper evaluates the decision’s doctrinal and constitutional significance, including its subsequent affirmation by the European Court of Human Rights and its role in reinforcing the principles of consent, bodily autonomy, and equality before the criminal law.

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STATUTORY FRAMEWORK AND JUDICIAL INTERPRETATION OF THE TAMIL NADU LAND REFORMS (FIXATION OF CEILING ON LAND) ACT, 1961: AN ANALYTICAL STUDY

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STATUTORY FRAMEWORK AND JUDICIAL INTERPRETATION OF THE TAMIL NADU LAND REFORMS (FIXATION OF CEILING ON LAND) ACT, 1961: AN ANALYTICAL STUDY Pavithra S, II Year, LLM, Department of Property Law, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, (India) Dr. P. Brinda, Associate Professor, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.37 The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 represents a significant legislative attempt to implement agrarian reform by limiting the concentration of agricultural land and facilitating equitable distribution. Despite the clarity of its social-welfare objective, the Act has generated extensive litigation, particularly concerning the interpretation and application of its statutory provisions. This paper adopts a doctrinal legal research methodology, relying on primary sources including the Act, its amendments, and judicial decisions of the Supreme Court of India and the Madras High Court, along with relevant secondary literature. The study is guided by key research questions relating to the judicial interpretation of “family” in ceiling computation, the validity of transfers under Section 22, procedural safeguards in surplus land acquisition, and the extent to which judicial trends align with legislative intent. By synthesising statutory provisions with leading judicial decisions, the paper demonstrates how judicial interpretation has shaped the practical operation of the Act over time. The study concludes that while the judiciary has largely upheld the legislative objective of land redistribution, variations in interpretative approaches have occasionally resulted in procedural delays and inconsistent outcomes. The paper emphasises the need for clearer statutory guidance and uniform application to ensure effective implementation of land ceiling laws in Tamil Nadu.

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FISCAL FEDERALISM AND URBAN LOCAL GOVERNANCE IN INDIA: A CONSTITUTIONAL ANALYSIS OF THE CENTRAL AND STATE FINANCE COMMISSIONS UNDER THE TWELFTH SCHEDULE

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FISCAL FEDERALISM AND URBAN LOCAL GOVERNANCE IN INDIA: A CONSTITUTIONAL ANALYSIS OF THE CENTRAL AND STATE FINANCE COMMISSIONS UNDER THE TWELFTH SCHEDULE Nishtha Singh, LL.M, 1st Year Student at Amity University Lucknow Campus, (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.36 India’s constitutional framework of fiscal federalism seeks to balance national unity with decentralised governance by distributing financial powers among the Union, States, and local self-government institutions. The enactment of the Seventy-Third and Seventy-Fourth Constitutional Amendments marked a decisive shift by constitutionally recognising Panchayats and Municipalities as institutions of self-government and by introducing the Eleventh and Twelfth Schedules. Within this framework, the Central Finance Commission and the State Finance Commissions assume a pivotal role in translating constitutional functions into fiscal capacity. This paper critically examines the constitutional design, evolution, and operational interface of the Central Finance Commission and State Finance Commissions in relation to municipal functions enumerated under the Twelfth Schedule. It analyses whether existing devolution mechanisms have effectively addressed vertical and horizontal fiscal imbalances and enabled meaningful urban self-governance. The study highlights persistent structural challenges, including weak own-source revenues, delayed constitution of State Finance Commissions, selective implementation of recommendations, and increasing reliance on conditional transfers. Drawing upon constitutional provisions, judicial interpretation, and institutional practice, the paper argues that decentralisation without assured finance undermines the constitutional promise of local self-government. It concludes that strengthening State Finance Commissions, ensuring predictable and rule-based transfers, and aligning fiscal flows with functional responsibilities are essential to realise the constitutional vision of cooperative and finance-backed urban governance.

FISCAL FEDERALISM AND URBAN LOCAL GOVERNANCE IN INDIA: A CONSTITUTIONAL ANALYSIS OF THE CENTRAL AND STATE FINANCE COMMISSIONS UNDER THE TWELFTH SCHEDULE Read More »

INTERNATIONAL PERSPECTIVE ON REHABILITATIVE JUSTICE: ASSESSING THE NEED FOR REFORM OF CRIMINAL PUNISHMENT AND PROTECTION OF HUMAN RIGHTS

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INTERNATIONAL PERSPECTIVE ON REHABILITATIVE JUSTICE: ASSESSING THE NEED FOR REFORM OF CRIMINAL PUNISHMENT AND PROTECTION OF HUMAN RIGHTS Sam S. Siryon, BA. LL. B Honors, Apeejay Stya University School of Legal Studies, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.35 In contemporary legal settings, rehabilitative criminal punishment has been criticized for its high cost in integrating rehabilitated criminals into society, ineffectiveness, infringement on human rights, and the risk of creating a wide net of penal control. It has also been critiqued for the potential for sentencing disparities based on perceived needs for rehabilitation rather than the severity of the crime, and the lack of traditional due process safeguards within rehabilitative programs. The long-term argument has been that the system is too forgiving, thereby undermining the goal of retribution and failing to express society’s moral disapproval of criminal acts. Rehabilitative justice focuses on reforming offenders and reducing recidivism by addressing the root causes of criminal behavior through programs like education, vocational training, counseling, and substance treatment. This research investigates the effectiveness of rehabilitative justice through a comparative legal analysis of correctional and reintegration frameworks in India, Liberia, and the United States, examining vocational training and mental health programs in Indian prisons alongside Liberia’s Disarmament, Demobilization and Reintegration (DDR) strategies and rehabilitation models within the U.S. criminal justice system. The study seeks to identify key gaps in reducing recidivism, promoting inmate social reintegration, and improving post-release support systems. With consistent criticisms and revealed facts affecting the rehabilitative system, it is important to employ strategic measures that would mitigate the challenges faced with this system; the fear of it becoming a failed system would be the outcome. These measures include adopting a holistic human rights-based approach focused on education, vocational training, psychological support, and social reintegration to reduce reoffending and promote public safety. Key reform efforts should be guided by United Nations standards and supported through internationally recognized human rights frameworks. National systems must align their laws, policies, and correctional practices with core principles such as individualized assessment, non-custodial measures, and structured post-release support. A coordinated, multi-sectoral approach involving both governmental institutions and civil society actors is essential to ensure sustainable reintegration outcomes.

INTERNATIONAL PERSPECTIVE ON REHABILITATIVE JUSTICE: ASSESSING THE NEED FOR REFORM OF CRIMINAL PUNISHMENT AND PROTECTION OF HUMAN RIGHTS Read More »

WHY CLEAN WATER IS A BASIC HUMAN RIGHT IN INDIA

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WHY CLEAN WATER IS A BASIC HUMAN RIGHT IN INDIA T. Jeba Vasanth, BA.LLB (Hons) 3rdyear, Bharath institute of law, Chennai, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.34 Access to clean water is an indispensable component of human dignity and survival so fundamental, in fact, that it has been recognized by the United Nations as a basic human right under Resolution 64/292 (2010), which calls on states to ensure affordable, safe, and physically accessible water for all. The judiciary in India has gradually construed the right to life under Article 21 of the Constitution to include access to clean water as a fundamental component of living with dignity and in a healthy environment, despite the fact that the right to water is not specifically stated in the statute. Access to clean water is an indispensable component of human dignity and survival and has been recognized by the United Nations as a basic human right under Resolution 64/292 (2010), which calls upon States to ensure safe, affordable, and accessible drinking water for all. Although the Constitution of India does not expressly guarantee a right to water, the judiciary has interpreted Article 21 to encompass access to safe drinking water as intrinsic to the right to life and a healthy environment. The Government of India’s Jal Jeevan Mission (Har Ghar Jal), launched in 2019, seeks to provide 55 litres per capita per day (LPCD) of potable water to every rural household, reflecting a significant policy commitment toward universal access. However, implementation gaps persist. Reports, including Greenpeace India’s Thirsty Cities: A Survey of Access to Water in Urban India, highlight acute shortages in informal settlements, where households often incur disproportionate financial burdens to secure basic water supply. Judicial developments have also reflected evolving environmental consciousness; notably, the Uttarakhand High Court in Mohd. Salim v. State of Uttarakhand (2017) declared the Ganga and Yamuna rivers as legal persons. However, this decision was subsequently stayed by the Supreme Court of India, rendering the declaration non-operative. Therefore, while India’s constitutional jurisprudence and policy initiatives demonstrate progressive intent, the realization of clean water as a fully enforceable human right requires strengthened legal recognition, institutional accountability, and sustained implementation. Still, tangible implementation lags behind hopeful rhetoric. Hence, while India’s legal and policy framework is moving in the right direction, realizing clean water as a basic human right requires sustained enforcement, equitable infrastructure, and systemic socio-economic reform.

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BEYOND TRADITIONAL ATTRIBUTION: RETHINKING STATE RESPONSIBILITY UNDER ARSIWA IN LIGHT OF THE SOLARWINDS CYBERATTACK

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BEYOND TRADITIONAL ATTRIBUTION: RETHINKING STATE RESPONSIBILITY UNDER ARSIWA IN LIGHT OF THE SOLARWINDS CYBERATTACK Aakriti Khattry, 3rd year (VI semester) Student at Manipal Law School, Manipal Academy of Higher Education, Bengaluru, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.33 This paper brings to light the evidentiary and normative gaps in cyberspace for the attribution of State responsibility under the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), while also questioning whether the ARSIWA attribution framework is adequately suited to modern cyber operations. This paper also studies how political attribution of cyber operations very often outpaces the stricter and finer legal standards which are required under Arsiwa, through the 2020 SolarWinds cyberattack case. Simultaneously, it argues that while States are fast when it comes to political attribution, they lag in the legal attribution due to the strict evidentiary and structural limitations.

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FROM PRISONERS TO SUSPECTS: RECONFIGURING STATE POWER UNDER THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022

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FROM PRISONERS TO SUSPECTS: RECONFIGURING STATE POWER UNDER THE CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022 Abdus Sami Osman Chaus, Ph.D. Research Scholar, Yashwantrao Chavan Law College & Ph.D. Research Centre, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.32 The Criminal Procedure (Identification) Act, 2022 represents a significant transformation in India’s framework of criminal identification by expanding the categories of individuals from whom biometric and biological data may be compulsorily collected. Unlike the Identification of Prisoners Act, 1920, which primarily targeted convicted persons and limited custodial categories, the 2022 legislation extends biometric extraction to individuals arrested, detained, or subjected to preventive proceedings. This structural shift marks a movement from a conviction-centric to a suspicion-based identification regime. This paper examines the constitutional implications of this transformation. It argues that the expansion of biometric authority reconfigures the relationship between suspicion, presumption of innocence, and State power. By integrating undertrials and preventive detainees into long-term biometric databases, the Act risks blurring the normative distinction between accusation and adjudicated guilt. The study evaluates the legislation through the lenses of Articles 14 and 21 of the Constitution of India, particularly the doctrines of proportionality, non-arbitrariness, and informational privacy. Using a doctrinal research methodology supported by statutory analysis and judicial precedents, the paper contends that while technological modernisation of investigation may serve legitimate objectives, the breadth and duration of biometric inclusion demand heightened constitutional scrutiny. The paper concludes that a calibrated framework incorporating differentiated safeguards and temporal limitations is necessary to preserve the constitutional balance between investigative efficiency and individual liberty.

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NEURO-RIGHTS: LEGAL FRAMEWORKS AND CHALLENGES IN PROTECTING BRAIN DATA IN THE NEUROTECHNOLOGY ERA

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NEURO-RIGHTS: LEGAL FRAMEWORKS AND CHALLENGES IN PROTECTING BRAIN DATA IN THE NEUROTECHNOLOGY ERA Apurva Verma, BBA LLB/2nd year/4th Semester Student at Symbiosis law school, NOIDA, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.31 The rapid advancement of neurotechnology, from medical implants to consumer brain-computer interfaces (BCIs), presents unprecedented challenges to fundamental human rights. These technologies access, monitor, and even influence neural activity, generating “neurodata”, highly sensitive information revealing an individual’s thoughts, emotions, and mental states. This proliferation creates urgent threats to mental privacy, cognitive liberty, and mental integrity, rendering traditional data protection frameworks inadequate. This paper examines the emerging legal and ethical paradigm of “neurorights” designed to protect the human mind. It provides a conceptual foundation for cognitive liberty, mental privacy, and mental integrity. The research critically analyses and compares nascent global legal frameworks, contrasting Chile’s pioneering constitutional amendments and the EU’s robust, technology-neutral GDPR with the fragmented, state-level approach in the United States. Against this global backdrop, the paper evaluates India’s preparedness. It identifies a significant “judicial-legislative gap”: while India’s Constitution, as interpreted in landmark cases like K.S. Puttaswamy v. Union of India, offers a strong implicit foundation for mental privacy, its statutory framework, mainly the Digital Personal Data Protection Act (DPDPA), 2023, critically fails to classify neurodata as sensitive. This omission, coupled with regulatory loopholes for consumer neuro-devices, leaves individuals vulnerable. The paper concludes by recommending a multi-pronged reform strategy for India, centred on amending the DPDPA, enacting a comprehensive standalone Neurotechnology Regulation Act, and establishing a specialised national oversight authority to safeguard cognitive freedom in the neurotechnology era.

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BEYOND DOUBT, BUT NOT BEYOND REASON: REASSESSING THE PREPONDERANCE STANDARD

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BEYOND DOUBT, BUT NOT BEYOND REASON: REASSESSING THE PREPONDERANCE STANDARD Aashi Bindal, SY. BALL.B, Vivekanand Education Society’s College of Law Download Manuscript doi.org/10.70183/lijdlr.2026.v04.30 The concept of Preponderance of Probability is a foundational standard of proof in Civil Jurisprudence. Unlike the stringent threshold of “beyond reasonable doubt” in Criminal trials, this standard emphasizes the greater likelihood of one version of events over the other. This article explores the historical emergence, doctrinal basis, statutory anchoring, and judicial interpretations of the preponderance standard in both Indian and comparative legal contexts. It discusses key elements such as the weighing of evidence, judicial discretion, and logical coherence, along with its diverse applications from Civil and Matrimonial Disputes to Departmental Enquiries, POSH cases, and exceptions within Criminal law. Through an analysis of leading case laws and statutory provisions, the article critically evaluates the strengths, criticisms, and future pathways for the doctrine. It concludes by recommending greater clarity, training, and technological integration to strengthen its utility in modern Civil litigation.

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