LIJDLR

Volume IV Issue I

CHINTHADA ANAND V. STATE OF ANDHRA PRADESH AND ORS.: A CRITICAL LEGAL ANALYSIS OF CONSTITUTIONAL RIGHTS, CRIMINAL PROCEDURE, AND JUDICIAL INTERPRETATION

Volume IV Issue I /

CHINTHADA ANAND V. STATE OF ANDHRA PRADESH AND ORS.: A CRITICAL LEGAL ANALYSIS OF CONSTITUTIONAL RIGHTS, CRIMINAL PROCEDURE, AND JUDICIAL INTERPRETATION Stuti Wasnik, B.A LL. B, 10th Semester, Student at Guru Ghasidas Vishwavidyalaya (Guru Ghasi das University), Faculty of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.138 The decision in Chinthada Anand v. State of Andhra Pradesh and Ors. constitutes a significant reaffirmation of the constitutional framework governing Scheduled Caste (SC) identity in India, particularly in the context of religious conversion. The case addresses the legal question of whether protections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 remain available to an individual born into a Scheduled Caste who subsequently converts to Christianity. The appellant, originally belonging to a recognised Scheduled Caste community, alleged caste-based abuse and invoked the provisions of the SC/ST Act. However, evidentiary findings established that he had converted to Christianity and was functioning as a pastor. The central legal issue therefore concerned the continued applicability of Scheduled Caste status and the associated statutory protections following such conversion. The Supreme Court held that the Constitution (Scheduled Castes) Order, 1950 restricts Scheduled Caste status to individuals professing Hinduism, Sikhism, or Buddhism. Consequently, conversion to Christianity results in the cessation of such status, rendering the protections under the SC/ST Act inapplicable. The Court further clarified that constitutional provisions and statutory mandates prevail over administrative instruments such as caste certificates. The judgment reinforces established precedents, including Punjabrao v. D.P. Meshram, wherein the term “professes” under Clause 3 of the 1950 Order was judicially interpreted. It reiterates that restoration of caste status is contingent upon reconversion and acceptance by the community. The decision gains further contemporary relevance in light of the ongoing deliberations of the Balakrishnan Commission on extending Scheduled Caste status to converted individuals. While the ruling enhances doctrinal clarity and curtails misuse, it simultaneously raises important concerns regarding the continued social vulnerability of converted individuals who may still experience caste-based discrimination in practice.

CHINTHADA ANAND V. STATE OF ANDHRA PRADESH AND ORS.: A CRITICAL LEGAL ANALYSIS OF CONSTITUTIONAL RIGHTS, CRIMINAL PROCEDURE, AND JUDICIAL INTERPRETATION Read More »

THEORETICAL FRAMEWORK OF IBC

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THEORETICAL FRAMEWORK OF IBC Abdul Rahman K I, LL.M., 4th Semester, Student at Central University of Tamil Nadu (India) Aarcha P B, LL.M., 4th Semester, Student at Central University of Tamil Nadu (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.137 The Insolvency and Bankruptcy Code, 2016 is not only a legal mechanism for resolving debt it is based on important economic and legal principles that explain the need for a structured insolvency system in a credit-based economy. Modern economies function largely on borrowed capital, businesses depend upon loans and investments to finance their operations, expand production and undertake new business initiatives. Therefore, credit plays an important role in the economic growth and development. However, the availability of credit also involves inherent risk of default and business failure, which cannot be completely avoided. In such a system, an effective insolvency framework is essential for dealing with financial distress in an orderly and structured manner. Without an organised legal framework, the failure of business may result in uncoordinated recovery actions by creditors, erosion of asset value, loss of employment and instability in the financial system. Insolvency laws aim to address these concerns by establishing a collective mechanism, through which the claims of the creditors can be resolved fairly and also providing an opportunity for viable businesses to be restructured and continue as a going concern. The Insolvency and Bankruptcy Code aim to balance these competing interests by ensuring timely resolution of financially distressed entities, maximisation of assets and ensuring fair treatment of stakeholders. The Code also recognises that insolvency is not only a legal issue but also an economic concern that requires a framework that promotes efficient allocation of resources and maintains confidence in the credit system. Through a structured and time bound manner the Code seeks to preserve the economic value, facilitate the recycling of capital from failing businesses to productive sectors, and support the overall stability of the financial markets.

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DEFINING HATE SPEECH IN INDIA: AMBIGUITIES, ENFORCEMENT CHALLENGES, AND THE CONSTITUTIONAL DILEMMA

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DEFINING HATE SPEECH IN INDIA: AMBIGUITIES, ENFORCEMENT CHALLENGES, AND THE CONSTITUTIONAL DILEMMA Aditya Pal, JRF-Ph.D., 2nd Semester, Scholar at SICMSS, Rashtriya Raksha University, Gandhinagar-382305 (India) Taarini Rankawat, BBALL.B, 2nd year, Student at SCLML, Rashtriya Raksha University, Gandhinagar-382305 (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.136 Hate speech is still one of the most concerning challenges for India’s democratic and constitutional framework, especially in the digital age. Despite the enactment of Bhartiya Nyaya Sanhita in 2023, which was promised to replace and eradicate the ‘colonial mindset’ from the legal dimensions of India, the provisions pertaining to hate speech are largely the same and therefore, continue to suffer from definitional ambiguity. Terms such as ‘hatred, enmity, disharmony’ etc. lack a precise legal requirement as to when a speech becomes hateful, envious OR disharmonious in nature. This legal gap leads to an inconsistent application of laws related to hate speech and it is further deteriorated by ‘selective application’. This paper critically examines the continuity of hate speech provisions from IPC in 1860 to BNS in 2023, highlighting the constitutional dilemma of freedom of speech under Article 19(1)(a) and reasonable restrictions under Article 19(2). Empirical data from the National Crime Records Bureau (NCRB) reveals a sharp rise in hate speech cases, however with a caveat that even then the conviction rate is relatively low, which further underpins the weak enforcement mechanisms owing to a lack of precise definition for hate speech. The study further explores judicial oscillation in the interpretation of hate speech, the challenges that are posed by digital regulations like the IT Act of 2000 and it also reviews the US, UK and Germany’s law regarding the same, which further solidifies a ‘clear and standalone’ law for hate speech in India, so as to effectively regulate the freedom of speech and expression in a culturally rich and diverse country like India.

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CASE LAW ANALYSIS: SURAJ LAMP & INDUSTRIES PVT. LTD. V. STATE OF HARYANA (2012) 1 SCC 656

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CASE LAW ANALYSIS: SURAJ LAMP & INDUSTRIES PVT. LTD. V. STATE OF HARYANA (2012) 1 SCC 656 Shreejith.S, 3rd Year, Student at VIT School of Law, VIT Chennai (India) Satvik Keyan, 3rd Year, 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.v04.135 This paper critically analyses the landmark decision of the Supreme Court of India in Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2012), which addressed the legality of transferring immovable property through General Power of Attorney (GPA), Agreement to Sell, and Will transactions, collectively referred to as GPA sales. Adopting a doctrinal and analytical research methodology, the study examines the statutory framework under Section 54 of the Transfer of Property Act, 1882 and Section 17 of the Registration Act, 1908, alongside judicial interpretations governing property transfers in India. The Court unequivocally held that GPA-based transactions do not confer ownership rights and cannot substitute a duly executed and registered conveyance deed, thereby reaffirming the mandatory nature of registration for transfers exceeding one hundred rupees. The judgment further clarified the legal character of a General Power of Attorney as an instrument of agency, incapable of transferring any proprietary interest. Through a detailed evaluation of the Court’s reasoning, this paper highlights the judicial rejection of informal property transactions designed to evade stamp duty, registration requirements, and regulatory restrictions. The analysis demonstrates that the ruling not only resolves longstanding ambiguities but also strengthens legal certainty, safeguards bona fide purchasers, and curtails fraudulent practices and the circulation of unaccounted money in the real estate sector. The decision significantly contributes to Indian property law jurisprudence by reinforcing statutory compliance, aligning market practices with legal mandates, and emphasizing the role of public policy in regulating property transactions.

CASE LAW ANALYSIS: SURAJ LAMP & INDUSTRIES PVT. LTD. V. STATE OF HARYANA (2012) 1 SCC 656 Read More »

A DOCTRINAL ANALYSIS OF INDIA’S CONSTITUTIONAL DEVELOPMENT: FROM COLONIAL FOUNDATIONS TO DIGITAL GOVERNANCE

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A DOCTRINAL ANALYSIS OF INDIA’S CONSTITUTIONAL DEVELOPMENT: FROM COLONIAL FOUNDATIONS TO DIGITAL GOVERNANCE Lamiya Sultana, Assistant Professor & Program Coordinator, School of legal Studies, Swami Vivekananda University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.134 The Constitution of India represents a transformative legal and political framework shaped by the historical, social, and psychological experiences of colonial rule. Far beyond a static legal document, it embodies the aspirations of a newly independent nation striving to secure justice, liberty, equality, and dignity for its citizens. This paper undertakes a doctrinal study of India’s constitutional transformation, tracing its evolution from colonial governance structures to its contemporary engagement with digital realities. The study examines the psychological foundations underlying the framing of the Constitution, including the influence of colonial repression, nationalist movements, and the desire for social reconstruction. It further analyzes how constitutional principles have been interpreted and reinterpreted through judicial doctrines such as the Basic Structure Doctrine, constitutional morality, and transformative constitutionalism. In the contemporary context, the Constitution faces new challenges arising from globalization, technological advancements, and digital governance. Issues such as data privacy, artificial intelligence, freedom of speech in the digital sphere, and judicial independence demand nuanced constitutional responses. Through an analysis of landmark judicial decisions and legislative developments, this paper argues that while the Constitution remains structurally resilient, its continued relevance depends on dynamic interpretation and adaptive governance.

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MINORITY RIGHTS AND THE POSITION OF WOMEN IN INDIA: A CONSTITUTIONAL ANALYSIS

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MINORITY RIGHTS AND THE POSITION OF WOMEN IN INDIA: A CONSTITUTIONAL ANALYSIS Shunmuga Sundarakumar G, Assistant Professor, Government Law College, Tirunelveli (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.133 The protection of minority rights constitutes a fundamental pillar of India’s constitutional framework, reflecting its commitment to pluralism, secularism, and social justice in a diverse society. The Constitution guarantees a range of rights aimed at safeguarding minority communities, including equality before the law, non-discrimination, freedom of religion, and cultural and educational autonomy. However, within these communities, women occupy a particularly vulnerable position due to the intersection of gender and minority status, which exposes them to multiple and overlapping forms of discrimination. This paper adopts doctrinal method and undertakes a constitutional analysis of minority rights in India, with a specific focus on examining the position and protection of women within minority communities. The study critically analyses key constitutional provisions such as Articles 14, 15, 21, and 25 to 30, alongside the evolving jurisprudence developed by the Supreme Court of India in landmark decisions. The analysis reveals that despite the existence of a robust constitutional and legal framework, minority women continue to face persistent challenges, including discriminatory personal laws, socio-economic marginalization, limited access to education and healthcare, lack of political representation, and heightened vulnerability to violence and discrimination, especially during communal tensions. The paper argues that a significant gap exists between formal legal guarantees and their effective implementation on the ground. It concludes that achieving substantive equality for minority women requires a gender-sensitive, rights-based approach that harmonizes minority rights with constitutional values. Strengthening legal awareness, reforming discriminatory practices, and ensuring effective policy implementation are essential to advancing the protection and empowerment of minority women in India.

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INTELLECTUAL PROPERTY IN THE AGE OF ARTIFICIAL INTELLIGENCE: A STUDY OF FASHION AND COSMETIC INDUSTRIES

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INTELLECTUAL PROPERTY IN THE AGE OF ARTIFICIAL INTELLIGENCE: A STUDY OF FASHION AND COSMETIC INDUSTRIES Sakshi Pratyush, LLM, Student at Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.132 The rapid integration of AI into the fashion and beauty industries is transforming traditional ideas about creativity, innovation, and ownership. Fashion designers and cosmetic formulators increasingly use AI technologies to create fashion designs, predict trends, and formulate cosmetics. This is shifting from a creative process that centres on human beings and uses algorithms to create products. As this evolution continues to occur, there are enormous implications for the ways in which these industries and nations that foster them protect their respective forms of intellectual property (IP). The existing IP systems have been developed based upon the principles of human authorship and human invention; this has created barriers to the recognition of AI-generated outputs as IP under the current IP frameworks of copyright, design and patent. Through a careful examination of relevant judicial decisions (e.g., Thaler v. Vidal and Naruto v. Slater) and the provisions of Indian law (i.e., Eastern Book Company v. D.B. Modak), it is evident that there are significant limitations to what the existing IP framework can offer to protect AI-generated outputs. A comparison of the different ways in which AI is legally recognized in the U.S., UK, EU, and India shows a lack of recognition across all jurisdictions of AI as an author or inventor. This article has noted that there are still many unanswered questions regarding things like ownership, originality and liability as they relate to intellectual property rights (IPRs), and it has suggested that there is a need for an adaptable and flexible law regime (including a new type of protection – sui generis), to cover these areas. The article concludes that without speedy changes to existing IPR laws, they will become inadequate because of developments associated with artificial intelligence.

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WHEN WELFARE STATUTES COLLIDE: A CASE STUDY OF S. VANITHA V. DEPUTY COMMISSIONER

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WHEN WELFARE STATUTES COLLIDE: A CASE STUDY OF S. VANITHA V. DEPUTY COMMISSIONER Harshita Khanna, LL.M (Family law), Student at Amity Institute of Advanced Legal Studies, Amity University Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.131 Judicial interpretation has played a major role in the development of the legal relationship between the rights granted to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) and the residence rights of daughters-in-law under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). In the absence of an explicit statutory relationship between these two welfare legislations, the judiciary has been forced to evolve principles of harmonious interpretation to deal with conflicts arising in joint living spaces. It traces the judicial trajectory from the restrictive interpretation of “shared household” in S.R. Batra v. Taruna Batra, through the expansive and gender-sensitive re-articulation in Satish Chander Ahuja v. Sneha Ahuja, to the principle of harmonisation established in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District. This research aims to critically examine the development of judicial trends in this area, particularly focusing on the Supreme Court’s verdict in S. Vanitha judgment, thereby highlighting the judiciary’s role in harmonising conflicting welfare legislations by grounding its reasoning in constitutional principles of dignity, equality, and substantive justice.

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BENAMI TRANSACTIONS VS GENUINE TRANSFERS: LEGAL CHALLENGES UNDER THE TRANSFER OF PROPERTY ACT

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BENAMI TRANSACTIONS VS GENUINE TRANSFERS: LEGAL CHALLENGES UNDER THE TRANSFER OF PROPERTY ACT Prem Kumar, B.A LL. B (H), 4th Semester, Student at IILM University, Greater Noida (India) Shreya Tripathi, B.A LL. B (H), 4th Semester, Student at IILM University, Greater Noida (India) Tapasi Rout, B.A LL. B (H), 4th Semester, Student at IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.130 The present study deals with the issue of differentiating between benami transactions and true transactions under Indian property law. In this context, the two primary legislative acts, viz., the Transfer of Property Act, 1882 and the Benami Transactions (Prohibition) Act, 1988, are discussed. Whereas the Transfer of Property Act is a set of basic rules that include ownership, intention, and valid consideration, the concept of benami transactions introduces an inconsistency between legal ownership and beneficial ownership. The study highlights various differences between true transactions and benami transactions, focusing on intention, source of consideration, and possession as the key elements for the identification of one transaction from another. Moreover, several decisions made by judicial courts regarding benami transactions are analyzed in order to emphasise the difficulties faced while establishing the actual intention of the parties involved in a transaction through circumstantial evidence. It is important to note that the interplay between the Transfer of Property Act and the concept of benami transactions is associated with certain inconsistencies, which are highlighted in the study, namely flexibility vs. rigidity, recognition vs. prohibition. The study considers the potential challenges in distinguishing between true and benami transactions, including family arrangement, absence of documents, etc. Under the critical approach adopted by the research, an analysis will be made on whether the rigidness of the benami law goes against the equity principle in TPA and limits genuine transactions. This will help make the case for achieving balance in this issue. Ultimately, reform strategies are provided, such as setting clear guidelines, better documentation, alignment of laws, and protection of valid transactions. The objective is to create a legal environment that facilitates genuine transactions and eliminates illegal benami transactions.

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ARTIFICIAL INTELLIGENCE IN THE CRIMINAL JUSTICE SYSTEM: A CRITICAL ANALYSIS OF ITS ROLE IN ADDRESSING ACID ATTACKS AGAINST WOMEN IN INDIA

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ARTIFICIAL INTELLIGENCE IN THE CRIMINAL JUSTICE SYSTEM: A CRITICAL ANALYSIS OF ITS ROLE IN ADDRESSING ACID ATTACKS AGAINST WOMEN IN INDIA Dr. Prasanna S, Assistant Professor, Government Law College, Tirunelveli (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.129 Acid attacks against women in India continue to expose serious deficiencies within the criminal justice system, particularly in the areas of prevention, investigation, prosecution, and victim rehabilitation. Despite stringent legal provisions, the persistence of such offences indicates structural and procedural gaps. This study critically examines the role of Artificial Intelligence (AI) in addressing these challenges by enhancing the efficiency, accuracy, and responsiveness of criminal justice mechanisms. It analyses the application of AI across various stages of the criminal justice process, including prevention, investigation, prosecution, adjudication, and victim support, while also evaluating its effectiveness and the associated legal, ethical, and constitutional implications in the Indian context. Adopting a doctrinal research methodology based on statutory analysis, judicial precedents, policy frameworks, and secondary literature, the study explores AI-based tools such as predictive policing, forensic analytics, legal research systems, and judicial decision-support mechanisms. The findings indicate that AI holds significant potential to strengthen criminal justice responses by enabling proactive policing, improving evidentiary accuracy, reducing delays, and promoting victim-centric justice. However, concerns relating to data privacy, algorithmic bias, and the absence of a comprehensive regulatory framework necessitate cautious and regulated implementation. The study concludes that AI should function as an assistive tool supported by robust legal safeguards and human oversight to ensure fairness, accountability, and constitutional compliance.

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