LIJDLR

Volume IV Issue I

RECALIBRATING THE TRANSFER OF PROPERTY ACT, 1882: A CRITICAL ANALYSIS OF DEFINITIONAL AMBIGUITIES, DOCTRINAL RIGIDITIES, AND CONTEMPORARY CHALLENGES

Volume IV Issue I /

RECALIBRATING THE TRANSFER OF PROPERTY ACT, 1882: A CRITICAL ANALYSIS OF DEFINITIONAL AMBIGUITIES, DOCTRINAL RIGIDITIES, AND CONTEMPORARY CHALLENGES Palak Jha, BALLB (H), 4th Semester, Student at IILM University, Greater Noida (India) Deepansh Bhargava, BALLB (H) 4th Semester, Student at IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.148 The Transfer of Property Act, 1882 remains the primary statute governing transfers of immovable property in India. However, its colonial origins create definitional ambiguities and rigid doctrines that are increasingly incompatible with modern economic and technological developments. Designed for an agrarian context, it inadequately addresses contemporary forms of property such as intangible assets, complex proprietary interests, and digital transactions. This research adopts a doctrinal approach, analysing statutory provisions, judicial precedents, and scholarly writings to identify structural gaps. It focuses on three key issues: the absence of a clear statutory definition of “property,” the rigidity of future interests under section 13, and limitations in provisions on alienability and ostensible ownership. Judicial decisions such as Shantabai v State of Bombay, Duncans Industries Ltd v State of UP, and Girjesh Dutt v Data Din, illustrate how courts rely on interpretative tools like the degree and object of annexation test to address legislative gaps. The study finds that such judicial reliance leads to inconsistency and reduced transactional certainty. It also highlights inadequate protection for dependent claimants under section 39, particularly regarding maintenance rights under the Hindu Adoptions and Maintenance Act, 1956, where transfers may defeat legitimate claims. Further, section 54’s requirement of registered instruments limits recognition of digital and blockchain-based transactions. The paper concludes that the Act requires reform through clearer definitions, flexibility in section 13, recognition of digital transfers, and stronger safeguards like section 39 to ensure relevance in contemporary legal and economic contexts.

RECALIBRATING THE TRANSFER OF PROPERTY ACT, 1882: A CRITICAL ANALYSIS OF DEFINITIONAL AMBIGUITIES, DOCTRINAL RIGIDITIES, AND CONTEMPORARY CHALLENGES Read More »

REVISITING GENDER NEUTRALITY IN THE POCSO ACT: AN EXPLORATORY ANALYSIS OF JUDICIAL INTERPRETATIONS AND SOCIETAL IMPLICATIONS

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REVISITING GENDER NEUTRALITY IN THE POCSO ACT: AN EXPLORATORY ANALYSIS OF JUDICIAL INTERPRETATIONS AND SOCIETAL IMPLICATIONS Gantav Gupta, Assistant Professor of Law (India) Manshi, Assistant Professor of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.147 There’s a most famous question that “Why the POCSO is considered as a gender-neutral”? The answer to this question is “According to General Clauses Act, 1897, the masculine words include females unless otherwise specified. The use of the word ‘he’ automatically denotes “she”. The POCSO Act, 2012 has been enacted by ministry of women and child development to tackle the heinous offences of sexual abuse, also to protect children from harassment and child exploitation. There’s one topic that has always been a highlight and also a hot topic for the media and has always been a topic of debate which is gender neutrality. Gender neutrality is a act which is a gender-neutral which aims to protect children irrespective of their gender. And this has the most disputed characteristics, which makes no distinction between “child” and “perpetrator” which is based on gender. Though this technique occurs egalitarian and progressive, as it raises significant socio-legal concerns in such a culture where sexual assaults are more frequently committed against girls, making it historically gendered. This paper explores gender neutrality under POCSO, legal interpretations, challenges in enforcement, and the implications for transgender children, boys, and girls. This also examines two contentious issues in POCSO enforcement: female perpetration and consensual relationships. Gender-neutrality has been covered in POCSO which involves penetrative and non-penetrative assault, also sexual harassment and pornography too. The POCSO has clearly defined ” penetrative sexual assault ” in section 3, by using gender neutral terms and does not clearly limit to male offenders. This study uses case laws, legislative comments, and social realities that argue for a balanced model of gender responsiveness rather than a strictly neutral framework, which is supported by procedural sensitivity, child rights which are based on policing, and reforms in structure.  

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EFFECTIVENESS OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016: A STUDY OF CREDITOR – DEBTOR BALANCE

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EFFECTIVENESS OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016: A STUDY OF CREDITOR – DEBTOR BALANCE Qifah, BBA.LLB (H.), 6th Semester, Student at Model Institute of Engineering and Technology, Jammu (India) Anmol, BBA.LLB (H.), 6th Semester, Student at Model Institute of Engineering and Technology, Jammu (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.146 The Insolvency and Bankruptcy Code, 2016 is considered one of the important changes in business law after independence. It was created to resolve issues in the previous insolvency systems. To solve the problems IBC aimed to combine all the scattered laws into one system and created time bound process. It focused on maximising the value of company, protecting the interests of creditors and motivated people to start businesses. By giving the power to creditors IBC made the process flexible, faster, effective and introduced stringent timelines. Although the time taken to resolve the cases have been reduced from 4.3 years to 394 days in most cases and improved recovery rates as compared to earlier systems such as DRT, SARFAESI Act, and SICA challenges still continue to exist. Some of them are delays in resolving cases, increased number of cases ending in liquidation as compared to resolution, difference in treatment of creditors, low recovery, liquidation waterfall etc. The paper analyses whether IBC is able to achieve the balance between creditors and debtors. With the help of doctrinal and empirical approach the paper examines the judicial decisions (Essar steel, Swiss Ribbons, K. Sashidhar), structure of IBC, practical data and evidence. Further, legal- economic theories are also used (creditor bargain and stakeholder) to determine whether the more advantage is given to financial creditors, the impact on corporate governance and how people start their business. It also looks into how benefits and losses are distributed between operational creditors and society. The study highlights that while IBC has strengthened the rights of creditors and made businesses more responsible in taking loans or any risks, it also has created a difference between operational and financial creditors and has made people more cautious about starting or expanding a business. The paper highlights certain changes like giving protection to operational creditors, increasing the capacity of NCLT, making provisions for MSMEs.

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GEOGRAPHICAL INDICATIONS AND THE PROTECTION OF TRADITIONAL HANDICRAFTS: A CASE STUDY OF KOLHAPURI SANDALS

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GEOGRAPHICAL INDICATIONS AND THE PROTECTION OF TRADITIONAL HANDICRAFTS: A CASE STUDY OF KOLHAPURI SANDALS Anushka Akanksha, B.A. LL.B. (Hons.), 2nd Year, Student at Amity Law School, Amity University Jharkhand, Ranchi (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.145 The present research paper reports on the suitable use of Geographical Indications (GIs) in safeguarding Indian traditional handicrafts through a case study of Kolhapuri sandals. This protective 12th century handmade sandal was qualified as GI in 2019. Their cultural and legislative, as well as economunderlinestance underline the paper, particularly in the wake of a scandal that came with luxury fashion house Prada. In June 2025, when Prada presented its leather sandals collection in its Milan show that looked significantly similar to Indian Kolhapuri chappals, the Italian brand, failed to credit it with the country of origin, but charged a higher price of a lakh rupee and more. Legal and cultural response the controversy that followed the incident turned into legal and cultural actions of the artisans and state agencies culminating into legal notices, claim of 500 crore and PIL in the Bombay High Court. This article provides a critical review on the legal standing of the activities of an organization like Prada that is whether its activities are legally considered as GI infringement under GI Act, 1999 and the efficacy of the various laws on protection of the traditional knowledge based on design. It also addresses the ethical issues of cultural appropriation, and the commercialization of indigenous craft around the world. Lastly, it proposes legal changes, and business partnerships that can be protective yet international. The episode between Kolhapuri and Prada is a test case vital to the analysis of the changing place of GIs in the globalized economy.

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AI AUTONOMY VS HUMAN CONTROL: BALANCING INNOVATION, ACCOUNTABILITY AND GOVERNANCE

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AI AUTONOMY VS HUMAN CONTROL: BALANCING INNOVATION, ACCOUNTABILITY AND GOVERNANCE Aaryan Naresh Parekh, BBA LLB, 10th Semester, Student at MIT World Peace University (India) Janhavi Vinod Shrungare, BBA LLB, 8th Semester, Student at MIT World Peace University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.144 Artificial intelligence has become a disruptive force that is changing governance, decision-making, and how people engage with technology. Significant concerns about accountability, human oversight, privacy, justice, and the suitability of current legal and regulatory frameworks emerge as AI systems get more autonomous. This study highlights the need to strike a balance between responsible governance and technological innovation by examining the growing conflict between AI autonomy and human control. The paper looks at how artificial intelligence has evolved conceptually, how autonomous decision-making is becoming more and more important, and how crucial it is to maintain meaningful human control in high-impact and rights-sensitive fields. In addition to recognising the benefits of AI in improving efficiency, lowering human error, encouraging innovation, and expanding access across industries like healthcare, education, finance, and governance, the study examines significant legal issues brought on by AI autonomy, such as accountability gaps, data protection issues, algorithmic discrimination, and ethical quandaries. In order to assess new models of AI regulation, it also looks at comparative regulatory approaches and jurisprudential viewpoints, especially in the US, UK, EU, and India. In order to determine whether current legal frameworks sufficiently handle the challenges presented by autonomous AI systems, the study uses doctrinal and analytical research methods and is based on legislation, case law, policy instruments, and academic literature. The study contends that a human-centric and risk-based governance system based on responsibility, transparency, and effective supervision is necessary, as neither unbridled AI autonomy nor stringent human control will provide a workable answer. The study comes to the conclusion that responsible autonomy where innovation advances within moral and legal bounds that uphold rights while facilitating technological advancement is the key to the future of AI governance.

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INHERITANCE RIGHTS OF IVF-BORN CHILDREN UNDER THE HINDU SUCCESSION ACT, 1956

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INHERITANCE RIGHTS OF IVF-BORN CHILDREN UNDER THE HINDU SUCCESSION ACT, 1956 Shreya Bairagi, Assistant Professor, School of Legal Studies, Swami Vivekananda University, Barrackpore, West Bengal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.143 The advent and rapid advancement of Assisted Reproductive Technologies (ART) particularly In Vitro Fertilization (IVF) have profoundly transformed the concepts of parenthood and family structures in contemporary society. Today, parenthood is no longer solely dependent on natural biological processes; rather, it may involve medical interventions, planned conception, and, in some instances, the involvement of third parties. This conceptual shift has challenged conventional legal notions regarding legitimacy, lineage, and familial relationships concepts that have historically served as the bedrock of laws governing inheritance and property devolution. Notwithstanding these social and technological shifts, the ‘Hindu Succession Act, 1956’—which governs inheritance and property rights among Hindus was enacted at a time when such reproductive technologies did not exist. Consequently, the Act is premised upon conventional assumptions regarding natural conception, blood ties, and legitimate birth; as a result, there is still uncertainty regarding the inheritance rights and legal standing of children born via. Although the ‘Assisted Reproductive Technology (Regulation) Act, 2021’ recognizes children born via ART as legitimate offspring, it does not explicitly address matters of inheritance or property devolution, thereby giving rise to legal uncertainty and potential disparities in property rights. This discomfort between modern reproductive methods and antiquated legal provisions creates a conflict between scientific progress and traditional inheritance laws. The question arises as to whether children born through IVF are entitled to equal inheritance rights—particularly in the context of ancestral property, coparcenary status, and other familial claims under Hindu law. The primary objective of this study is to examine the legal and social challenges faced by children born through IVF regarding inheritance under Hindu law; to analyse the limitations of existing statutes; and to explore potential interpretations or avenues for reform aimed at harmonizing traditional inheritance frameworks with the realities of modern reproductive technologies.  By highlighting this intersection of law and science, this research aims to contribute to fostering a more inclusive understanding of parenthood and inheritance within contemporary Hindu society.

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FROM LEGISLATIVE PROMISE TO GROUND REALITY: A CRITICAL SOCIO-LEGAL STUDY OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

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FROM LEGISLATIVE PROMISE TO GROUND REALITY: A CRITICAL SOCIO-LEGAL STUDY OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Shivani Kumari, B.A.LL. B (H), 10th Semester, Student at Amity Law School, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.142 The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is an important piece of legislation designed to combat the problem of domestic violence prevalent in India owing to its patriarchal social structure. The aim of this paper is to conduct a socio-legal analysis of the PWDVA focusing on its legislative background, constitutional basis, and judicial interpretations over time. It examines how this legislation differs from other existing legislations on the same subject as it does not adopt a criminal but a civil and rights-based approach, and thus, grants immediate remedies like protection order, residence order, and financial compensation. Additionally, this research paper will examine the broad definition of domestic violence as defined under the PWDVA along with judicial decisions made regarding the scope of the legislation like its applicability to shared household, live-in relationships, and inclusion of respondents in certain cases. But the paper emphasizes that although the act has a liberal and supportive legal framework, there exists a gap between what the legislative framework promises and what is happening in reality. Issues like unawareness among women, stigma associated with the issue, institutional inefficiency, judicial delays, and poor enforcement mechanisms have made it difficult for the act to fulfil its goals effectively. In conclusion, it should be noted that although the Protection of Women from Domestic Violence Act (PWDVA) represents a paradigm shift in the recognition and response to domestic violence as a social and legal problem, its impact will depend on narrowing the gap between the law and practice.

FROM LEGISLATIVE PROMISE TO GROUND REALITY: A CRITICAL SOCIO-LEGAL STUDY OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Read More »

THE CORPORATE VEIL AND ENVIRONMENTAL HOMICIDE: PIERCING THE SHIELD OF CORPORATE IMPUNITY IN ENVIRONMENTAL DISASTERS

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THE CORPORATE VEIL AND ENVIRONMENTAL HOMICIDE: PIERCING THE SHIELD OF CORPORATE IMPUNITY IN ENVIRONMENTAL DISASTERS Prachi Milind Satpute, Assistant professor at School of law, G. H. Raisoni University, Amravati (India) Dr. Komal Namdevrao Khajone, Assistant professor at School of Law, G.H. Raisoni University Amravati (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.141 The doctrine of corporate personality, firmly established by the House of Lords in Salomon v A. Salomon & Co. Ltd. (1897), grants companies an independent legal existence distinct from their shareholders and directors. This corporate veil serves as a fundamental pillar of modern corporate law, encouraging entrepreneurship and investment by limiting personal liability. However, when the shield of separate legal personality is exploited to evade accountability for environmental destruction causing mass casualties, the doctrine confronts an existential moral and legal crisis. This research paper critically examines the intersection of the corporate veil doctrine and environmental homicide, defined as corporate conduct resulting in large-scale environmental disasters that cause death, grave injury, and ecological devastation. Drawing upon landmark Indian and international jurisprudence including the Bhopal Gas Tragedy, the Shriram Oleum Gas Leak, the Vizag LG Polymers disaster, and the Sterlite Copper plant controversy, this paper interrogates the adequacy of existing statutory and judicial frameworks in piercing the corporate veil to hold parent companies, directors, and key managerial personnel criminally and civilly liable. The paper concludes with actionable recommendations for legislative reform, including the codification of environmental homicide as a distinct corporate offence, mandatory environmental liability insurance, and the strengthening of parent-subsidiary accountability mechanisms.

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SEEDS OF JUSTICE: MAPPING THE LEGAL ARCHITECTURE OF AGRICULTURAL GOVERNANCE IN INDIA

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SEEDS OF JUSTICE: MAPPING THE LEGAL ARCHITECTURE OF AGRICULTURAL GOVERNANCE IN INDIA Satakshi Raj, B.A.LL. B (H), 10th Semester, Student at Amity Law School, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.140 This particular research paper takes a very long, detailed look at the whole legal setup and the general architecture that basically governs the entire agricultural sector across the country of India, while also trying to analyze it from several different angles like the constitutional side, the statutory side, and the side that deals with reform-oriented dimensions. It really tries to highlight and point out how the legislative powers are actually distributed and split up between the central Union and the various States, while also looking at the specific role of certain key provisions, for example, things like Articles 246, 21, and 300A, which all play a big part in shaping how agrarian governance actually works on the ground in a practical sense. Moving on from there, the study goes even further into things by evaluating the various regulatory frameworks that are currently in place, including stuff like the Essential Commodities Act and the whole APMC system, along with the 2020 farm laws which were originally intended and aimed at bringing about more market liberalization in the sector. By looking closely at the protests that happened afterward and the eventual repeal of those same laws, the paper really tries to underscore and show the big tensions that exist between the idea of state control on one hand and market reforms on the other hand. It ends by emphasizing that there is a big need for a framework that is balanced, inclusive, and mostly farmer-centric, so that the legal system can actually ensure sustainability.

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DELIMITATION IN INDIA: A CONSTITUTIONAL DILEMMA BETWEEN ELECTORAL REPRESENTATION AND FEDERAL BALANCE

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DELIMITATION IN INDIA: A CONSTITUTIONAL DILEMMA BETWEEN ELECTORAL REPRESENTATION AND FEDERAL BALANCE Harsh Raj, B.A LL. B, 8th Semester, Student at Gitarattan International Business School Affliated to Guru Gobind Indraprastha University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.139 Through scientific analytics and compositional intelligibility, besides the discourse on delimitation in India, this paper broadly lays focus on balancing the choice of equitable electoral representation with the basic tenets of federalism. The delimitation process, while acting as a mechanism for population-based representation, may inadvertently penalise states for the population control measures they have effectively implemented, thereby disrupting federal equity. The study discusses the constitutional and legal frameworks that go along with delimitation, such as, Articles 82 and 170 from the Constitution as well as 42nd and 84th Constitutional Amendments. The research deployed a doctrinal methodology based on judicial pronouncements, constituent assembly debates, and various Delimitation Commissions’ reports; for the sake of the undertaken analysis to be comprehensive, unattributed topics were included as well such as legal or political determinants relevant to freeze of periodic based on population indexing. The paper’s unique outcome was to introduce a “Weighted Delimitation Index” that is not only a concept but also a model which comprises population, development indicators, and demographic responsibility for fairness in representation. The paper argues that the existing delimitation practice carries a danger of representational asymmetry that to a greater extent could be through the political influence of states with more population growth. It requires delimitation to be done in a balanced, phased, and equity-way giving attention to if the popular will and the federal integrity are neither challenged nor compromised. This research is innovative by the interaction between constitutional interpretation and data-driven equity models, thus, suggesting new possible development in the Indian context.

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