LIJDLR

Volume IV Issue I

CASE ANALYSIS: VIKAS KISHANRAO GAWALI V. STATE OF MAHARASHTRA (2021) 6 SCC 73

Volume IV Issue I /

CASE ANALYSIS: VIKAS KISHANRAO GAWALI V. STATE OF MAHARASHTRA (2021) 6 SCC 73 S. Akash, B.B.A.LLB/3rd year/6th semester Student at VIT School of Law, VIT Chennai (India) Mukeshwaran, B.B.A.LLB/3rd year/6th semester Student at VIT School of Law, VIT Chennai (India) Dr. Saji Sivan S, Assistant professor, VIT School of Law, VIT Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.65 The decision in Vikas Kishanrao Gawali v. State of Maharashtra represents a significant development in the constitutional jurisprudence relating to political reservations in local self-government institutions in India. The litigation arose from a challenge to the constitutional validity of the reservation framework for Other Backward Classes (OBCs) in local bodies in Maharashtra, particularly the operation of Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, which enabled reservation for backward classes in such institutions. The petitioner contended that the State had implemented OBC reservation without conducting a contemporary empirical inquiry demonstrating political backwardness and that the resulting reservation exceeded the constitutionally permissible limit. The Supreme Court examined the scope of political reservations under Articles 243D and 243T of the Constitution of India in light of the equality guarantee under Article 14. Relying on the precedent in K. Krishna Murthy v. Union of India, the Court reaffirmed the “triple test,” which requires the constitution of a dedicated commission to undertake an empirical study of backwardness, determination of the extent of reservation on the basis of such data, and adherence to the overall 50 percent ceiling on reservations. The Court held that the State of Maharashtra had failed to satisfy these constitutional requirements and consequently declared the OBC reservations in local bodies invalid until the triple test conditions were fulfilled. The judgment highlights the need to balance the objective of social justice with constitutional limitations, and it remains a significant precedent in shaping the relationship between equality, representation, and decentralised democracy in India.

CASE ANALYSIS: VIKAS KISHANRAO GAWALI V. STATE OF MAHARASHTRA (2021) 6 SCC 73 Read More »

CRIMINALIZATION OF MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE

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CRIMINALIZATION OF MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE Shashwat Gupta, B.A. LL. B (Hons), Guru Govind Singh Indraprastha University (India) Saurav Sanjay, B.B.A LL. B (Hons), Guru Govind Singh Indraprastha University (India) Megha Prabhakar, B.B.A LL. B (Hons), Guru Govind Singh Indraprastha University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.64 Still stuck from British times, India lets married men escape rape charges if their wife is above eighteen. Section 63, Exception 2 in the new Bharatiya Nyaya Sanhita 2023 keeps this rule alive. Marriage doesn’t mean surrendering control over one’s body. That idea clashes with what the Constitution promises – fair treatment under Article 14 and personal freedom under Article 21. Privacy matters. So does self-respect. Bodily rights stand firm even after wedding vows. Back in 2017, the Supreme Court made it clear through the Puttaswamy verdict – consent isn’t erased just because two people are married. When the 2012 Nirbhaya case shocked people, the Justice Verma Committee said in 2013 that marital rape should be clearly made illegal. Yet lawmakers ignored it, worried about clashing with what some call family traditions. So, today’s laws still skip punishing husbands who force sex on wives. This also undermines India’s commitments under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which India ratified in 1993. CEDAW General Recommendation No. 35 on Gender-Based Violence against Women (2017), updating General Recommendation No. 19, recognises such abuse as a form of gender-based violence requiring state action without exception. Look elsewhere: Britain abolished the marital rape immunity in R v R [1992] 1 AC 599 (HL), affirming that marriage does not negate the requirement of consent. In Canada, their Criminal Code treats consent the same for everyone, respecting culture but rejecting pressure. Start here: laws, past rulings, and international promises are weighed to argue one clear point – scrapping the current rule now. A fresh version should treat everyone equally, hinge on real consent, allow courts to strike it down when freedoms clash. Training officers helps, so do quicker trials, public talks that shift views slowly. What grows between people works best when picked freely, never forced. When the law bans coercion, fairness follows; silence breaks inside houses just like outside them.

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THE CLEAN SLATE IN A CONTAMINATED ESTATE: RESOLVING THE STRUCTURAL CONFLICT BETWEEN SECTION 32A OF THE INSOLVENCY AND BANKRUPTCY CODE AND THE ENFORCEMENT DIRECTORATE’S ATTACHMENT POWERS UNDER THE PREVENTION OF MONEY LAUNDERING ACT

Volume IV Issue I /

THE CLEAN SLATE IN A CONTAMINATED ESTATE: RESOLVING THE STRUCTURAL CONFLICT BETWEEN SECTION 32A OF THE INSOLVENCY AND BANKRUPTCY CODE AND THE ENFORCEMENT DIRECTORATE’S ATTACHMENT POWERS UNDER THE PREVENTION OF MONEY LAUNDERING ACT Tahura Wasif, Student, 8th semester, B.A.LL.B (H) at Amity University Jharkhand (India) Kriti Kumari, Student, 8th semester, B.A.LL.B (H) at Amity University Jharkhand (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.63 The insertion of Section 32A into the Insolvency and Bankruptcy Code (IBC) established the “Clean Slate” doctrine, aiming to immunize successfully resolved corporate debtors from prior criminal liabilities. However, this commercial imperative frequently collides with the Enforcement Directorate’s (ED) independent mandate to attach “proceeds of crime” under the Prevention of Money Laundering Act (PMLA). Despite the doctrine’s constitutional validation in Manish Kumar v. Union of India, recent flashpoints most notably the Kalyani Transco saga and Supreme Court observations in early 2026 demonstrate that judicial policy prioritizing resolution speed cannot permanently override a competing executive statutory framework. Furthermore, while the IBC (Amendment) Bill, 2025 rationalizes the waterfall priority of standard statutory dues, it leaves the PMLA threshold attachment problem completely unaddressed, resulting in continued bid suppression and structural value destruction. Drawing on comparative jurisprudence from U.S. Chapter 11 bankruptcy and the UK Insolvency Act, this paper proposes a targeted legislative intervention: the enactment of Section 32A(3). This proposed mechanism mandates pre-approval consultation and escrow safeguards, structurally harmonizing the state’s anti-money laundering enforcement with the IBC’s core objective of value maximization.

THE CLEAN SLATE IN A CONTAMINATED ESTATE: RESOLVING THE STRUCTURAL CONFLICT BETWEEN SECTION 32A OF THE INSOLVENCY AND BANKRUPTCY CODE AND THE ENFORCEMENT DIRECTORATE’S ATTACHMENT POWERS UNDER THE PREVENTION OF MONEY LAUNDERING ACT Read More »

STRENGTHENING COMPLIANCE AND ENFORCEMENT: APPLYING CHINA’S 2025 ANTI-MONEY LAUNDERING REFORMS TO PAKISTAN’S FINTECH REGULATION

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STRENGTHENING COMPLIANCE AND ENFORCEMENT: APPLYING CHINA’S 2025 ANTI-MONEY LAUNDERING REFORMS TO PAKISTAN’S FINTECH REGULATION Wafee Salam Ahmad, LL.M. Candidate in International Commercial Law, Southwest University of Political Science and Law (SWUPL) Chongqing, China, Advocate, Punjab Bar Council, Pakistan Nasser Abdrabou Peter, LL.M. Candidate in International Commercial Law, Southwest University of Political Science and Law (SWUPL), Chongqing, China Download Manuscript doi.org/10.70183/lijdlr.2026.v04.62 Money laundering remains a significant threat to global financial systems, national security, and economic stability. With the rapid development of financial technology (fintech), existing anti-money laundering (AML) frameworks face growing limitations. China’s 2025 Anti-Money Laundering Law introduces substantial regulatory innovations by formally integrating fintech platforms and virtual asset service providers (VASPs) into the AML compliance regime, strengthening supervisory powers, and enhancing transparency through mechanisms such as beneficial ownership identification and technology-driven monitoring. This paper examines how these reforms enhance oversight and enforcement within China’s fintech ecosystem and evaluates their relevance for Pakistan’s evolving digital financial sector. Using a doctrinal legal method and analysis of FATF standards and comparative regulatory practices, the study finds that China’s approach particularly the inclusion of fintech entities within AML obligations, strengthened inter-agency coordination, and the adoption of RegTech tools significantly improves compliance monitoring and regulatory effectiveness. The paper argues that elements of these reforms, especially clearer legal recognition of fintech actors, improved institutional coordination, and technology-assisted supervision, offer practical policy guidance for Pakistan. However, successful implementation requires context-specific adaptation and strengthened institutional capacity within Pakistan’s regulatory framework.

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MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS

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MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS Ananya Yadav, LLM Student (Intellectual Property) Student at Christ Deemed to be University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.61 Intellectual Property Rights serve as the backbone of the media and entertainment sector, protecting creative works and rewarding innovation. In the digital age characterized by rapid technological change, globalization, and an explosion of online content the effective enforcement and evolution of IPR have become increasingly complex yet essential. This article examines the role of intellectual property law in safeguarding creative works such as films, music, literature, digital media, television programs, animation, and broadcast material from unauthorized use. It further analyzes emerging legal challenges including copyright piracy, digital streaming infringements, deepfake technology, artificial intelligence-generated content, and user-generated media within contemporary regulatory frameworks. It also discusses legal uncertainty, jurisdictional boundaries, and enforcement problems in various markets. It also addresses the relative efficacy of existing regulatory schemes and complexities fueled by the borderless nature of the internet, which renders national law inadequate in dealing with cross-judicial infringements and require reform, highlighting the need for harmonized global policy, digital rights management and evolving legal interpretations to strike a balance between the interests of creators, consumers and intermediaries. And particularly the evolution of user-generated content and remix-culture pose new challenges to originality, authorship and fair use. The paper concludes by proposing strategic reforms, including strengthened cross-border cooperation, simplified copyright licensing mechanisms, enhanced digital rights education, and the modernization of outdated laws to address evolving technological realities. There should be a balanced, adaptable, and vision-oriented IPR regime to support creativity, safeguard rights, and promote balanced growth in the world media and entertainment sector.

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COMMUNITY SERVICE AS A PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A STEP TOWARD REFORMATIVE SENTENCING IN INDIA

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COMMUNITY SERVICE AS A PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A STEP TOWARD REFORMATIVE SENTENCING IN INDIA Muskan Singh, Sem 6th Student (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.60 The Bharatiya Nyaya Sanhita, 2023 introduces community service as a formal sentencing option in Indian criminal law, marking a cautious but meaningful transition from a predominantly incarceration-oriented system toward a more reformative and restorative framework. Traditionally, the Indian penal structure has relied heavily on imprisonment and monetary penalties, particularly in cases involving minor offences. This overdependence has contributed to persistent prison overcrowding, stigmatization of low-risk offenders, and limited opportunities for constructive behavioural reform. The statutory incorporation of community service seeks to address these structural concerns by providing courts with a proportionate, flexible, and socially productive alternative. This paper adopts a doctrinal and analytical methodology to examine the conceptual basis, statutory positioning, objectives, advantages, and practical challenges associated with the use of community service under the Bharatiya Nyaya Sanhita. It situates the reform within established penological theories and evaluates its consistency with global trends in non-custodial sentencing. The study argues that community service reflects the principles of proportionality, rehabilitation, and restorative justice, thereby aligning Indian criminal policy with contemporary developments in sentencing philosophy. At the same time, the paper identifies significant implementation concerns, including the absence of detailed operational guidelines, uneven probation infrastructure across states, potential sentencing inconsistencies, and issues relating to public perception and enforcement. The paper concludes that while the legislative recognition of community service is both timely and progressive, its long-term effectiveness will depend substantially on institutional preparedness, judicial sensitivity, technological monitoring mechanisms, and coordinated involvement of local authorities and community bodies. If implemented with clarity and seriousness, the provision has the potential to reduce unnecessary incarceration, humanize sentencing practices, and facilitate constructive offender reintegration. However, without sustained administrative support, comprehensive rule-making, and clear procedural frameworks, the reform risks remaining underutilized. The study therefore argues that the true success of community service in India will depend less on its statutory recognition and more on the seriousness of its institutional implementation.

COMMUNITY SERVICE AS A PUNISHMENT UNDER THE BHARATIYA NYAYA SANHITA, 2023: A STEP TOWARD REFORMATIVE SENTENCING IN INDIA Read More »

THE E-RUPEE: A ROADMAP FOR INDIA’S DIGITAL CURRENCY

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THE E-RUPEE: A ROADMAP FOR INDIA’S DIGITAL CURRENCY Asif Pasha A B, Student, LL.M., School of Law, CHRIST (Deemed to be University) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.59 The introduction of the e-Rupee, India’s proposed Central Bank Digital Currency (CBDC) issued by the Reserve Bank of India (RBI), represents a significant milestone in the evolution of sovereign digital money. As economies across the world increasingly move toward digital financial systems, CBDCs have emerged as a state-backed alternative to private cryptocurrencies and existing electronic payment mechanisms. This paper examines the legal, constitutional, and regulatory implications surrounding the implementation of the e-Rupee within India’s existing financial and legal framework. The study adopts a doctrinal and comparative research methodology. It analyses statutory provisions governing currency issuance, payment systems, and data protection in India while also evaluating international CBDC experiences, particularly those of the Bahamas (Sand Dollar), Nigeria (eNaira), and China (e-CNY). Through this analysis, the paper identifies key legal challenges associated with the e-Rupee, including the absence of explicit statutory recognition under the Reserve Bank of India Act, 1934, questions relating to legal tender status, privacy concerns arising from transaction traceability, and potential regulatory gaps in payment system governance. The research further evaluates India’s digital infrastructure readiness, considering the role of the Unified Payments Interface (UPI), the Jan Dhan–Aadhaar–Mobile (JAM) ecosystem, and the challenges of cybersecurity and digital inclusion. Lessons drawn from global CBDC implementations highlight the importance of strong privacy safeguards, offline payment functionality, public adoption strategies, and regulatory clarity. The paper ultimately argues that the successful implementation of the e-Rupee requires targeted legislative reforms, robust data protection safeguards, and a carefully designed regulatory framework that balances technological innovation with constitutional protections. By addressing these legal and infrastructural considerations, India can develop a CBDC system that promotes financial inclusion, strengthens monetary sovereignty, and maintains public trust in the evolving digital economy.

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THE JUVENILE JUSTICE SYSTEM IN INDIA

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THE JUVENILE JUSTICE SYSTEM IN INDIA Pragati Kumari, LL.B./3rd Year/6th Semester Student at Amity Law School, Lucknow Campus (India) Astha Srivastava, Assistant Professor at Amity Law School, Lucknow Campus (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.58 The juvenile justice system in India now rests on a unified child rights framework that treats all persons below eighteen as children and distinguishes carefully between children in conflict with law and children in need of care and protection. The Juvenile Justice (Care and Protection of Children) Act, 2015, aligned with UNCRC standards, embeds principles of best interests, rehabilitation, diversion and institutionalisation as a measure of last resort, while the new criminal codes on substantive offences, procedure and evidence operate around this special regime. The study examines the evolution of this framework, the key substantive and procedural provisions on classification of children, age determination, bail and preliminary assessment, and the functioning of core institutions such as Juvenile Justice Boards, Child Welfare Committees, District Child Protection Units and Child Care Institutions. It analyses leading Supreme Court and High Court decisions that develop a rights-based, child-centric jurisprudence and interrogates continuing implementation deficits, including uneven institutional capacity, weak diversion mechanisms and gaps in aftercare. On this basis the research offers doctrinal and policy suggestions aimed at strengthening rehabilitation oriented responses, improving coordination across stakeholders and ensuring closer conformity with constitutional mandates and international child rights obligations.

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BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION

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BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION Ria Singh, 10th Semester Student at Amity Law School, Lucknow Campus (India) Dr. Arvind Kumar Singh, Associate Professor at Amity Law School, Lucknow Campus (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.57 This research examines how the existing international space law regime responds to the rapid expansion of commercial, strategic and dual use activities in outer space. It analyses the constitutional role of the United Nations space treaties, especially the Outer Space Treaty, and shows how soft law, UN practice and domestic legislation now carry much of the regulatory burden in areas like resource utilisation, space security and sustainability. The paper evaluates the international liability and registration framework, highlighting its limits when confronted with mega constellations, complex contractual chains and debris intensive operations. It then interrogates debates on space mining, the interpretation of non appropriation and claims that outer space forms part of the global commons. Special attention is given to security and militarisation trends, including anti satellite testing and behaviour based security norms. Against this backdrop, the study critically maps India’s evolving policy architecture, centred on the Indian Space Policy 2023, and identifies the requirements for a coherent national space activities statute. The research argues that a balanced future framework must integrate clarified treaty interpretation, stronger global norms on sustainability and security, and detailed domestic regulation that can safeguard both national interests and the collective interests of humankind.

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DEEPFAKE TECHNOLOGY, CYBERSTALKING, AND ONLINE HARASSMENT- A GENDERED ANALYSIS OF CYBERCRIME AND VICTIM PROTECTION MECHANISMS IN INDIA

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DEEPFAKE TECHNOLOGY, CYBERSTALKING, AND ONLINE HARASSMENT- A GENDERED ANALYSIS OF CYBERCRIME AND VICTIM PROTECTION MECHANISMS IN INDIA Aditi Singh Bhadauria, LLB 3rd year (6th semester) Student at Amity Law School, Lucknow Campus (India) Dr. Rajeev Kumar Singh, Assistant Professor of Law (Sr. Grade), Amity Law School Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.56 This paper examines how artificial intelligence enabled deepfakes, cyberstalking, and online harassment operate as gendered cybercrimes in India and how existing victim protection mechanisms perform in practice. It maps the production and circulation pathways of synthetic audio visual content, the tactics of surveillance, impersonation, doxxing, and threats, and the platform dynamics that accelerate harm through anonymity, virality, and algorithmic reinforcement. Using a doctrinal and socio legal method, the study analyses constitutional protections of privacy, dignity, equality, and speech limits, and evaluates statutory responses under the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and the post reform criminal law framework under the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023. It further assesses intermediary due diligence obligations and emerging judicial trends on injunctions, takedowns, and victim centric reasoning. The findings highlight recurring implementation gaps, including delayed FIR conversion, uneven cyber policing capacity, weak preservation and certification of electronic evidence, cross border attribution barriers, and inconsistent platform response to repeat uploads. The paper proposes a calibrated reform blueprint that strengthens evidence first investigation protocols, improves portal to FIR workflows, expands compensation and confidentiality safeguards, and aligns platform governance with proportionality and due process. It also identifies future research priorities on prevalence measurement, intersectional impacts, and efficacy of provenance and transparency standards. Comparative insights from the EU, UK, and Australia illustrate risk based platform duties, deepfake disclosure norms, and administrative takedown models, while cooperation tools inform cross border electronic evidence requests.

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