LIJDLR

Volume IV Issue II

BEYOND PERMANENT RESERVATION: DESIGNING A GLOBAL EXIT POLICY (SUNSET CLAUSE) FOR AFFIRMATIVE ACTION

Volume IV Issue II /

BEYOND PERMANENT RESERVATION: DESIGNING A GLOBAL EXIT POLICY (SUNSET CLAUSE) FOR AFFIRMATIVE ACTION Rani Devangan, Ph.D. Scholar (Law) at Kalinga University, Kotni, Atal Nagar-Nava Raipur, Chhattisgarh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.242 Affirmative action policies were originally conceived as temporary remedial measures to redress historical discrimination, structural exclusion, and entrenched social inequalities. Nevertheless, in several jurisdictions these measures have gradually evolved into long-term or indefinite arrangements without clearly defined termination mechanisms or systematic performance review. This article examines the constitutional and policy implications of the absence of structured exit mechanisms and argues for the incorporation of evidence-based sunset clauses within affirmative action frameworks. The study adopts a doctrinal and comparative legal research methodology, analysing constitutional provisions, judicial decisions, statutory frameworks, and international human rights instruments alongside policy experiences in India, the United States, South Africa, Malaysia, and Brazil. The comparative analysis demonstrates that India has largely institutionalised affirmative action without meaningful exit standards; the United States has relied primarily on judicial intervention rather than legislative review; South Africa employs periodic monitoring but lacks measurable termination criteria; Malaysia illustrates the political entrenchment of preferential policies beyond their intended duration; while Brazil provides a comparatively stronger model through legislatively mandated periodic review of quota policies. Drawing upon these comparative experiences, the article identifies common structural deficiencies, including institutional inertia, elite capture, accountability deficits, and constitutional tensions arising from perpetual affirmative action regimes. It proposes a Global Exit Policy Framework founded upon measurable equality indicators, independent periodic review, proportionality, phased withdrawal, and transitional safeguards to ensure that affirmative action remains genuinely remedial rather than permanent. The article concludes that well-designed sunset clauses strengthen, rather than weaken, substantive equality by preserving the constitutional legitimacy, accountability, and evidence-based character of affirmative action within democratic legal systems.

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INVESTIGATIVE CONFIDENTIALITY, PUBLIC TRUST, AND POLICE LEGITIMACY IN DRUG ENFORCEMENT OPERATIONS: LESSONS FROM LIBERIA

Volume IV Issue II /

INVESTIGATIVE CONFIDENTIALITY, PUBLIC TRUST, AND POLICE LEGITIMACY IN DRUG ENFORCEMENT OPERATIONS: LESSONS FROM LIBERIA Dr. Ambrues Monboe Nebo, Doctor of Sociology, Ph.D. Student -Security Studies with an emphasis on International Security, Hill-City University, Benin Republic, Adjunct Faculty, Department of Sociology and Criminology, & Political Science, University of Liberia, Department of Criminal Justice & Forensic Science Program, African Methodist Episcopal University, Liberia Download Manuscript doi.org/10.70183/lijdlr.2026.v04.241 The balance between investigative confidentiality and public transparency remains a persistent challenge in contemporary law enforcement, particularly in high-profile drug trafficking investigations. This article examines how the management of confidential information influences public trust and perceptions of institutional legitimacy, using the Liberia Drug Enforcement Agency’s (LDEA) handling of the US$19.2 million cocaine seizure at Roberts International Airport (RIA) as a case study. Initially, the LDEA withheld the identities of suspects, citing the need to protect ongoing investigative integrity and prevent compromise of intelligence-led operations. This decision generated public debate over transparency and accountability in drug enforcement practices. However, a subsequent development in which the Ministry of Justice named multiple persons of interest and confirmed that additional arrests may follow reframes the case as a phased disclosure process within an active and expanding investigation. Drawing on Procedural Justice Theory and Institutional Legitimacy Theory, the study employs a qualitative case study approach based on document analysis, media reports, policy statements, and relevant scholarly literature. The analysis demonstrates that while investigative confidentiality is operationally necessary in complex transnational drug cases, public trust and legitimacy are highly sensitive to the timing, consistency, and clarity of institutional communication. Inadequate or delayed explanation of confidentiality decisions can generate perceptions of opacity and selective justice, even where subsequent disclosures suggest ongoing accountability and prosecutorial intent. The article argues that law enforcement agencies can strengthen public confidence by adopting structured, transparent, and phased communication strategies that balance investigative imperatives with democratic accountability. The findings contribute to broader debates on policing, governance, and criminal justice reform in emerging democracies, highlighting that legitimacy is shaped not only by enforcement outcomes but also by how investigative information is managed and communicated over time.

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POLICE POWERS OF ARREST UNDER THE BNSS: DISCRETION, ACCOUNTABILITY AND ADMINISTRATIVE CHALLENGES IN INDIA

Volume IV Issue II /

POLICE POWERS OF ARREST UNDER THE BNSS: DISCRETION, ACCOUNTABILITY AND ADMINISTRATIVE CHALLENGES IN INDIA Kang Cheoi Lama, LLM, Student at The West Bengal National University of Juridical Sciences (NUJS) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.240 The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024, replaces the Code of Criminal Procedure, 1973 (CrPC) and restructures the legal framework governing police powers of arrest. Building upon constitutional jurisprudence and landmark decisions such as D.K. Basu v. State of West Bengal and Arnesh Kumar v. State of Bihar, the BNSS seeks to balance police discretion with enhanced procedural accountability. This paper examines arrest powers under the BNSS, particularly arrest without warrant and the notice-to-appear mechanism, through three interrelated dimensions: (i) police discretion as an operational necessity; (ii) accountability through documentation, transparency, and judicial and supervisory oversight; and (iii) the administrative capacity of police institutions to implement these safeguards effectively. Using a doctrinal comparison of the CrPC and BNSS, supported by policing theories, Supreme Court jurisprudence, and empirical evidence from the Bureau of Police Research and Development’s Data on Police Organizations (2024), the study argues that the BNSS largely codifies existing judicial safeguards while strengthening institutional accountability through structured documentation and designated supervisory responsibilities. However, the effectiveness of these reforms depends on adequate staffing, training, infrastructure, and administrative support. Without sufficient institutional capacity, compliance risks becoming procedural rather than substantive. The paper concludes that meaningful implementation requires systematic auditing of arrest documentation, stronger supervisory scrutiny of the necessity requirement, effective access to legal assistance during interrogation, and state-specific operational standard operating procedures aligned with local policing capacities.

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CYBERCRIME AND DIGITAL VICTIMIZATION IN INDIA: EMERGING TRENDS, CRIMINAL JUSTICE CHALLENGES, AND REFORMATIVE POLICY IMPERATIVES

Volume IV Issue II /

CYBERCRIME AND DIGITAL VICTIMIZATION IN INDIA: EMERGING TRENDS, CRIMINAL JUSTICE CHALLENGES, AND REFORMATIVE POLICY IMPERATIVES Ms Nikke, Assistant Professor at Department of Law, Gurugram University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.239 India’s rapid expansion into the digital world has brought with it a significant and growing problem of cybercrime. As internet access reaches more citizens—including those with limited digital education the opportunities for criminal exploitation have multiplied. This paper examines cybercrime in India from criminological, victimological, and legal perspectives using a doctrinal and socio-legal research methodology. The study analyses statutory provisions, judicial decisions, and official data drawn from the National Crime Records Bureau (NCRB), the Indian Computer Emergency Response Team (CERT-In), the Reserve Bank of India, and other governmental sources covering the period 2015–2025. It critically evaluates whether the existing legal framework, particularly the Information Technology Act, 2000, and related criminal justice institutions are capable of responding effectively to the increasing scale and sophistication of cybercrime. Particular attention is devoted to the disproportionate impact of cybercrime on women, children, elderly persons, and newly digitized rural populations. The paper further undertakes a comparative analysis of international approaches, drawing lessons from Singapore, the United Kingdom, the United States, and the Budapest Convention on Cybercrime, to identify institutional and legislative best practices relevant to the Indian context. Based on this comprehensive analysis, the paper recommends the establishment of dedicated cyber courts, specialised investigation and prosecution mechanisms, a modern standalone cybercrime statute, enhanced victim-support services, and strengthened digital literacy initiatives. It concludes that unless India simultaneously reforms its legal framework, institutional capacity, and victim-centred response mechanisms, the transformative objectives of Digital India will remain vulnerable to escalating cybercrime and persistent digital victimization.

CYBERCRIME AND DIGITAL VICTIMIZATION IN INDIA: EMERGING TRENDS, CRIMINAL JUSTICE CHALLENGES, AND REFORMATIVE POLICY IMPERATIVES Read More »

CASE ANALYSIS ON HANUMAN LAXMAN AROSKAR v. UNION OF INDIA (AIRONLINE 2019 SC 318)

Volume IV Issue II /

CASE ANALYSIS ON HANUMAN LAXMAN AROSKAR v. UNION OF INDIA (AIRONLINE 2019 SC 318) Sai Prarthana M, B. Com LL. B, (H), 9th Semester, Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Sai Sathiyapriya M, B. Com LL. B, (H), 9th Semester, Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.238 In the case of Hanuman Laxman Aroskar vs. Union of India is a significant landmark judgment given by Supreme Court of India, concerning the grant of Environmental Clearance (EC) for the Mopa International Airport project in Goa. The Petitioners in this case challenged the validity of the EC on the grounds that the Environmental Impact Assessment (EIA) process was flawed and failed to adequately assess the consequences of the Airport project. They argued crucial information regarding biodiversity, forest cover, ecological sensitivity, and potential environmental damages was either overlooked during the decision-making process. The Supreme Court emphasized environmental protection and economic development are not mutually exclusive but should be balanced through the Principle of Sustainable Development. The Court observed the EIA serves as an important tool for decision-making and cannot be treated as mere procedural formality. It stressed that environmental governance must be guided by transparency, accountability, public participation and scientific assessment. The Court further recognized the concept of Environmental Rule of Law, which requires authorities to act in accordance with the environmental norms and statutory safeguards. The Court found shortcomings in the appraisal process and concluded that certain environmental concerns had not been addressed. As a result, of which it directed the Expert Appraisal Committee to conduct a fresh and comprehensive review of environmental clearance. The Judgment is widely recognized as a milestone in Indian Environmental Law because it strengthened judicial oversight of Environmental Clearances and reaffirmed the necessity of balancing developmental objectives with environmental protection. It highlighted that environmental procedure must be made through a fair and transparent process. The judgment promotes economic development, and environmental protection should go hand in hand.

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BEYOND SUBSIDIES: WHY REGULATORY EXECUTION WILL DETERMINE THE SUCCESS OF INDIA’S SEMICONDUCTOR MISSION

Volume IV Issue II /

BEYOND SUBSIDIES: WHY REGULATORY EXECUTION WILL DETERMINE THE SUCCESS OF INDIA’S SEMICONDUCTOR MISSION Abir Chattaraj, PhD Scholar at Indian Institute of Technology Kharagpur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.237 Semiconductors have emerged as strategic assets at the intersection of economic competitiveness, technological sovereignty, and national security, prompting governments worldwide to adopt extensive industrial policies to strengthen domestic manufacturing capabilities. India responded through the Semicon India Programme by committing substantial fiscal incentives to establish an indigenous semiconductor ecosystem. This article argues, however, that while financial subsidies are necessary to attract initial investment, they are insufficient to ensure the long-term success of India’s semiconductor mission. The central thesis advanced is that regulatory execution—rather than fiscal support alone will ultimately determine whether India succeeds in establishing a globally competitive semiconductor industry. The study employs a doctrinal legal methodology supplemented by comparative policy analysis and regulatory governance analysis. It examines the legal and institutional frameworks governing land acquisition, environmental approvals, water and power security, labour regulation, customs administration, technology transfer, export controls, and intellectual property protection, while comparing India’s approach with those of Taiwan, South Korea, Japan, the United States, the European Union, and China. The analysis demonstrates that contemporary semiconductor competition has evolved beyond subsidy races towards institutional capacity, administrative predictability, and effective regulatory coordination. As an original analytical contribution, the article proposes a Regulatory Execution Index (REI), a diagnostic framework designed to assess semiconductor readiness by evaluating nine critical dimensions of regulatory performance and identifying execution bottlenecks that constrain industrial development. The article concludes that India’s comparative advantage will depend less on increasing financial incentives and more on ensuring timely regulatory clearances, infrastructure readiness, legal certainty, coordinated Centre–State governance, and robust protection of technology and intellectual property. Accordingly, execution-focused governance reforms should become the principal determinant of India’s long-term semiconductor strategy.

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VOICES FROM THE MARGINS: INDIGENOUS WOMEN’S POLITICAL AGENCY, JUSTICE, AND THE DIGITAL STRUGGLE FOR EQUALITY

Volume IV Issue II /

VOICES FROM THE MARGINS: INDIGENOUS WOMEN’S POLITICAL AGENCY, JUSTICE, AND THE DIGITAL STRUGGLE FOR EQUALITY Sijil Sharma, BBA LLB (H), 4th Semester, Students at Adamas University, Kolkata (India) Rajarshi Ghosh, BBA LLB (H), 4th Semester, Students at Adamas University, Kolkata (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.236 “There is no tool for development more effective than the empowerment of women.” By Kofi Annan. This paper looks at how women and indigenous political institutions are connected and how the old ways of governing affect women ability to take part in politics and make their voices heard. In indigenous communities’ traditional leaders make important decisions resolve conflicts and help keep the communities’ culture alive. These leaders often follow old rules that favor men, which mean women do not get to be leaders or have a say in things. The paper examines the laws that govern communities, including the rules that are supposed to protect women rights and make sure they are treated equally. It also looks at the laws that are meant to keep women safe at work and in politics. With these laws many indigenous women still face big problems, such as not having enough money not being able to go to school and not being able to speak up for themselves. The paper pays attention to the fact that many women are harassed or assaulted at work, which hurts their self-respect, makes them feel unsafe and affects their ability to work and be independent. The study also looks at how technology’s helping indigenous women by giving them a way to speak out report abuse and work together to make change. Overall, the paper says that indigenous women need laws to protect them and they need help to overcome the social problems they face. They also need to be able to use technology to participate fully in politics and make their voices heard. This will help women to be stronger and more able to take care of themselves.

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DEEPFAKE AND PERSONALITY RIGHTS IN INDIA: NEED FOR A SEPARATE LEGAL FRAMEWORK

Volume IV Issue II /

DEEPFAKE AND PERSONALITY RIGHTS IN INDIA: NEED FOR A SEPARATE LEGAL FRAMEWORK Anju Bala, BBA LL.B., Student at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University (A Central University), Lucknow (India) Aayush Verma, Ph.D. Scholar at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University (A Central University), Lucknow (India) Prof. (Dr.) Sudarshan Verma, Head at Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, (A Central University), Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.235 The digital revolution and the rapid proliferation of Artificial Intelligence (AI) technologies have fundamentally transformed the landscape of personal identity and its protection under law. Among the most alarming manifestations of this transformation is the emergence of deepfakes hyper-realistic, AI-generated audio-visual simulations that replicate an individual’s voice, likeness, and mannerisms without consent. India, like most jurisdictions, lacks a dedicated statutory framework for protecting personality rights against such technologically sophisticated violations. The existing legal architecture comprising the Copyright Act, 1957, the Trade Marks Act, 1999, the Information Technology Act, 2000, and tortious principles of passing off provides only fragmented, reactive protection, leaving significant legislative gaps that adversely affect celebrities, public figures, and ordinary citizens alike. Indian courts have, through a series of landmark judgments spanning three decades, fashioned a judicially crafted doctrine of personality rights grounded in the fundamental right to privacy and dignity under Article 21 of the Constitution. From the Auto Shankar case (1994) to the recent wave of injunctions in 2025 involving celebrities such as Abhishek Bachchan, Ravi Shankar, Asha Bhosle, and Sunil Shetty, the judiciary has demonstrated remarkable adaptability. However, judicial innovation alone cannot substitute for comprehensive legislative action, particularly in an era where deepfake content spreads virally across global platforms within hours. This paper undertakes a doctrinal and comparative analysis of the existing legal framework for personality rights in India, examines the specific threats posed by deepfake technology, critiques the inadequacy of current statutory provisions, and proposes a dedicated Personality Rights Protection Act. It further draws upon comparative models from the United States, the European Union, and emerging international consensus under the World Intellectual Property Organization (WIPO) to recommend a comprehensive, technology-responsive legislative regime for India.

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MAYA ANGELOU’S PHENOMENAL REPRESENTATION OF VIOLENCE TOWARDS WOMEN

Volume IV Issue II /

MAYA ANGELOU’S PHENOMENAL REPRESENTATION OF VIOLENCE TOWARDS WOMEN Dr Debadrita Basu, Assistant Professor at School of Legal Studies, Swami Vivekananda University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.234 Maya Angelou’s literary and autobiographical works stand as powerful testimonies to the pervasive violence faced by women, particularly Black women, in the United States. Through texts such as I Know Why the Caged Bird Sings and her subsequent autobiographies, Angelou transforms personal trauma into collective narrative, exposing the systemic intersections of race, gender, and oppression. Her candid accounts of sexual violence, domestic abuse, and workplace discrimination reveal how patriarchal and racial structures perpetuate cycles of harassment and silencing. Angelou’s voice is not confined to victimhood; rather, she reclaims agency by situating her experiences within broader feminist and civil rights frameworks. Her poetry, notably “Phenomenal Woman,” challenges stereotypes and affirms female identity, offering resistance against cultural narratives that marginalize women. By weaving together autobiography, activism, and performance, Angelou demonstrates how storytelling can function as both survival and resistance, enabling women to articulate pain while envisioning empowerment. The paper tries to portray that the representation of violence is not merely descriptive but analytical, interrogating the social, political, and historical forces that normalize gender‑based oppression. Angelou’s legacy lies in her ability to transform silence into speech, trauma into testimony, and suffering into strategies of resilience. Her works continue to inspire feminist discourse, providing a framework for understanding violence against women as a structural issue rather than an isolated phenomenon. In doing so, Angelou’s phenomenal representation of violence towards women underscores the enduring power of literature to challenge injustice, affirm dignity, and catalyse social change.

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NEURO-RIGHTS AND CRIMINAL RESPONSIBILITY: RETHINKING MENS REA, MENTAL PRIVACY, AND CULPABILITY IN THE AGE OF BRAIN–COMPUTER INTERFACES

Volume IV Issue II /

NEURO-RIGHTS AND CRIMINAL RESPONSIBILITY: RETHINKING MENS REA, MENTAL PRIVACY, AND CULPABILITY IN THE AGE OF BRAIN–COMPUTER INTERFACES Dr. Santosh Sati, Assistant Professor & Programme Coordinator (LL.B.) at IMS Law College, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.233 The accelerating development of neurotechnology encompassing Brain Computer Interfaces (BCIs), neural implants, deep brain stimulation systems, and brain-signal decoding algorithms poses transformative yet profoundly disruptive challenges to the conceptual architecture of criminal law. The doctrines of mens rea, voluntary conduct, and individual culpability have historically presupposed an autonomous mental agent whose cognitive processes remain unmediated by external technological intervention. Contemporary neurotechnology undermines this presupposition by enabling real-time recording, computational interpretation, and deliberate modulation of neural activity fundamentally destabilizing the causal relationship between cognition and conduct upon which criminal accountability is premised. This article advances two interrelated arguments. First, Indian criminal jurisprudence, primarily codified in mid-nineteenth-century legislative instruments, lacks adequate doctrinal mechanisms to adjudicate liability in circumstances involving technologically induced neural compromise. Second, mental privacy is conceived as the right to cognitive sovereignty over one’s thoughts, neural data, and mental states must be recognized as a constitutionally distinct fundamental right that transcends conventional informational privacy, extending protection to the neurobiological substratum of consciousness itself. Through systematic doctrinal analysis of criminal law principles and constitutional jurisprudence, the article identifies critical lacunae in existing legal frameworks and articulates a normative model for the attribution of criminal liability in cases of technologically mediated cognition. The study contributes original scholarship to Indian legal literature by rigorously situating neuro-rights within the constitutional framework of dignity, liberty, and autonomy, offering a prospective model essential to preserving the moral integrity of criminal justice in the neurotechnological era.

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