LIJDLR

Volume IV Issue II

DIGITAL SURVEILLANCE, CRIMINAL NETWORKS, AND STREET BEGGING: REVISITING MAHARASHTRA’S LEGAL FRAMEWORK UNDER THE BOMBAY PREVENTION OF BEGGING ACT, 1959

Volume IV Issue II /

DIGITAL SURVEILLANCE, CRIMINAL NETWORKS, AND STREET BEGGING: REVISITING MAHARASHTRA’S LEGAL FRAMEWORK UNDER THE BOMBAY PREVENTION OF BEGGING ACT, 1959 Vishal Baban Ovhal, Ph.D., 3rd Year, Scholar at ABMS Parishad Yashwantrao Chavan Law College, Pune, Maharashtra (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.264 Begging in urban Maharashtra is no longer a solitary act of desperation; it has increasingly assumed the character of an organized enterprise in which entrenched criminal networks exploit vulnerable individuals—children, women, persons with disabilities, migrant workers, and the destitute—for financial gain. The Bombay Prevention of Begging Act, 1959 remains Maharashtra’s principal statutory response to begging, yet its architecture was framed in an era that could not have anticipated digitally enabled syndicates, biometric identification systems, CCTV analytics, QR-code based collections, or contemporary data-protection concerns. Using a doctrinal legal research methodology, this article examines the text and operation of the 1959 Act, relevant constitutional principles, judicial pronouncements, and connected statutory frameworks, including the Maharashtra Control of Organized Crime Act, 1999, the Information Technology Act, 2000, the Criminal Procedure (Identification) Act, 2022, the Digital Personal Data Protection Act, 2023, and child-protection and trafficking-related laws. The article argues that the existing framework inadequately distinguishes between poverty-driven begging and coercive, organized exploitation. It further evaluates whether digital surveillance can assist law enforcement in identifying repeat patterns, tracing financial flows, and dismantling criminal networks without converting vulnerable persons into objects of permanent surveillance. The paper recommends targeted statutory amendments, including a proposed Section 11-A creating an aggravated offence of organized exploitation for begging and a proposed Section 29-A authorizing biometric identification, CCTV surveillance, and digital payment tracing subject to purpose limitation, retention limits, deletion duties, and independent oversight. It concludes that Maharashtra requires an integrated, rights-respecting legal architecture that couples the rehabilitative purpose of the 1959 Act with proportionate surveillance powers and enforceable data-protection safeguards.

DIGITAL SURVEILLANCE, CRIMINAL NETWORKS, AND STREET BEGGING: REVISITING MAHARASHTRA’S LEGAL FRAMEWORK UNDER THE BOMBAY PREVENTION OF BEGGING ACT, 1959 Read More »

THE EVOLUTION OF CYBER LAW AND THE ARCHITECTURE OF JURISDICTIONAL CHALLENGES IN CROSS-BORDER CYBERCRIME INVESTIGATIONS

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THE EVOLUTION OF CYBER LAW AND THE ARCHITECTURE OF JURISDICTIONAL CHALLENGES IN CROSS-BORDER CYBERCRIME INVESTIGATIONS Kunwar Veer Vikram Pratap Singh, LL.M (Cyber Law and Cyber Crime Investigation), Student at Uttar Pradesh State Institute of Forensic Science, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.263 The rapid and borderless expansion of the internet has democratized communication and commerce while simultaneously providing an optimal ecosystem for criminal activities. Cybercrime has transitioned from isolated, localized incidents to sophisticated, state-sponsored, and transnational enterprises. This transformation exposes a fundamental structural flaw in modern legal frameworks: law is inherently territorial, while cyberspace is explicitly global. This research paper critically examines the intersection of cyber law and digital forensics, focusing on the administrative, legislative, and operational barriers faced by investigative authorities during cross-border cybercrime investigations. It analyses the systemic delays associated with Mutual Legal Assistance Treaties (MLATs), the technical difficulty of tracing fragmented data through cloud-native architectures, and the legal challenges of collecting, preserving, and presenting digital evidence in a manner capable of withstanding judicial scrutiny. The paper further undertakes a comparative examination of international regulatory frameworks, including the Budapest Convention on Cybercrime and the European Union’s General Data Protection Regulation (GDPR), to illustrate the continuing tension between state security interests, data protection obligations, and individual privacy rights. In response to these challenges, the paper proposes a modernized legal blueprint comprising three principal reforms: first, a standardized and expedited electronic evidence framework for cross-border preservation and production requests; second, formal public-private investigative coalitions involving law enforcement agencies, service providers, cybersecurity firms, and financial institutions; and third, blockchain-based chain-of-custody verification through immutable cryptographic records. These proposals are intended to reduce jurisdictional delay, improve evidentiary reliability, and harmonize investigative cooperation without disregarding sovereignty and privacy safeguards. Ultimately, this treatise offers an integrated roadmap for strengthening digital jurisprudence in an era where cyber threats routinely transcend territorial legal boundaries.

THE EVOLUTION OF CYBER LAW AND THE ARCHITECTURE OF JURISDICTIONAL CHALLENGES IN CROSS-BORDER CYBERCRIME INVESTIGATIONS Read More »

THE JURISPRUDENCE OF SACRED ECOLOGY: FASTENING UPANISHADIC ENVIRONMENTAL PRINCIPLES TO CONTEMPORARY ENVIRONMENTAL GOVERNANCE IN INDIA

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THE JURISPRUDENCE OF SACRED ECOLOGY: FASTENING UPANISHADIC ENVIRONMENTAL PRINCIPLES TO CONTEMPORARY ENVIRONMENTAL GOVERNANCE IN INDIA Simran Sahoo, Ph.D. Scholar at KIIT School of law, Bhubaneswar (India) Piyusha Pradhan, Assistant Professor at Adarsha College of Law, Angul (Affiliated to Madhusudan Law University, Cuttack) (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.262 Environmental degradation resulting from rapid industrialisation and unregulated exploitation of natural resources has emerged as one of the foremost challenges confronting contemporary society, necessitating a governance framework that is both sustainable and ethically grounded. In this context, the present study examines the environmental philosophy embodied in the Upanishads and analyses its relevance to contemporary environmental governance in India. Adopting a doctrinal and analytical approach, the paper explores the Upanishadic conception of nature, which is founded upon the principles of ecological harmony, mutual coexistence, interconnectedness of all life forms, moderation in the utilisation of natural resources, and reverence for the environment. It further examines the extent to which these philosophical postulates have influenced or find reflection in the constitutional, legislative, and judicial framework governing environmental protection in India. The study critically analyses the relationship between Upanishadic ecological ethics and modern environmental principles, including sustainable development, conservation of natural resources, intergenerational equity, and the judicial recognition of the right to a healthy environment under Article 21 of the Constitution of India. By drawing a comparative assessment between ancient ecological thought and contemporary environmental jurisprudence, the paper demonstrates that while present-day environmental governance permits regulated utilisation of natural resources to facilitate socio-economic development, many of its foundational objectives substantially resonate with the ethical values articulated in the Upanishads. The paper argues that the integration of indigenous ecological wisdom with modern legal and governance mechanisms can strengthen the normative foundation of environmental protection and contribute towards a more balanced and sustainable model of development. It concludes that although the Upanishadic principles cannot be transplanted into the contemporary legal framework in their absolute form, their underlying philosophy of ecological responsibility, restraint in resource utilisation, and harmonious coexistence with nature continues to possess enduring relevance in addressing present and future environmental challenges.

THE JURISPRUDENCE OF SACRED ECOLOGY: FASTENING UPANISHADIC ENVIRONMENTAL PRINCIPLES TO CONTEMPORARY ENVIRONMENTAL GOVERNANCE IN INDIA Read More »

CONSTITUTIONAL CHALLENGES OF ARTIFICIAL INTELLIGENCE IN INDIA: BALANCING INNOVATION WITH FUNDAMENTAL RIGHTS

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CONSTITUTIONAL CHALLENGES OF ARTIFICIAL INTELLIGENCE IN INDIA: BALANCING INNOVATION WITH FUNDAMENTAL RIGHTS Sakshi Sehrawat, Advocate Practicing at Punjab and Haryana High court (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.261 Artificial Intelligence (AI) has rapidly transformed governance, public administration, commerce, healthcare, education, finance, and judicial processes, presenting unprecedented opportunities for economic growth and technological advancement. However, the increasing integration of AI into decision-making systems has also generated significant constitutional concerns relating to equality, privacy, freedom of speech and expression, due process, transparency, and accountability. In India, despite the accelerated adoption of AI across both public and private sectors, the absence of a standalone comprehensive legislative framework specifically governing the development and deployment of AI raises important questions regarding the adequacy of existing constitutional, statutory, and regulatory safeguards. This article critically examines the constitutional implications of Artificial Intelligence within the Indian legal framework, with particular emphasis on Articles 14, 19, and 21 of the Constitution of India. Employing a doctrinal and comparative research methodology, the study analyses constitutional jurisprudence, recent legislative and policy developments, and emerging international regulatory models, including the European Union’s AI Act, UNESCO’s Recommendation on the Ethics of Artificial Intelligence, and the OECD AI Principles. It argues that while existing constitutional principles provide a normative foundation for protecting fundamental rights in the digital age, they require adaptation to address the unique challenges posed by algorithmic decision-making, automated governance, and AI-driven public administration. The article proposes a Constitutional AI Accountability Test (CAAT) that integrates constitutional values with principles of transparency, accountability, explainability, non-discrimination, and judicial oversight. It concludes that India should adopt a rights-based constitutional approach to AI governance that balances technological innovation with the effective protection of fundamental rights, thereby ensuring that future AI regulation remains consistent with constitutional democracy and the rule of law.

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PROPORTIONALITY IN ELECTORAL DISQUALIFICATIONS: THE CASE AGAINST LIFETIME BANS FOR CONVICTED POLITICIANS – A CONSTITUTIONAL AND COMPARATIVE INQUIRY INTO INDIA’S DISQUALIFICATION REGIME

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PROPORTIONALITY IN ELECTORAL DISQUALIFICATIONS: THE CASE AGAINST LIFETIME BANS FOR CONVICTED POLITICIANS – A CONSTITUTIONAL AND COMPARATIVE INQUIRY INTO INDIA’S DISQUALIFICATION REGIME Vedant Dhakad, LL.M. (Constitutional and Administrative Law), 1st Semester, Student at Gujarat National Law University, Gandhinagar (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.260 The increasing criminalisation of electoral politics presents a serious challenge to democratic governance, public accountability, and the rule of law in India. In response, recent proposals have called for imposing a lifetime ban on convicted politicians to restore public trust and protect electoral integrity. This paper critically examines whether such permanent exclusions are constitutionally justified or whether they risk undermining democratic participation itself. The study focuses on Section 8 of the Representation of the People Act, 1951, which currently prescribes time-bound disqualification following conviction. Using a doctrinal methodology grounded in constitutional law, the paper applies the structured proportionality test to assess the legality of both the existing disqualification regime and the proposed lifetime ban. It evaluates these measures against Articles 14, 19(1)(a), and 21 of the Indian Constitution, emphasising political participation as a core democratic right rather than a mere statutory privilege. Judicial developments in Lily Thomas v. Union of India and Public Interest Foundation v. Union of India are analysed to highlight the judiciary’s evolving approach to electoral accountability, legislative competence, and democratic restraint. The paper further adopts a comparative perspective, drawing on international jurisprudence, particularly the European Court of Human Rights’ decision in Paksas v. Lithuania, and Commonwealth models that favour time-limited and reviewable disqualifications. The paper argues that while safeguarding electoral integrity is a legitimate democratic objective, lifetime disqualification fails the necessity and balancing requirements of proportionality by permanently excluding individuals from political life and disregarding the possibility of rehabilitation. It concludes by proposing a graded, offence-based disqualification framework that better reconciles electoral integrity with democratic participation, constitutional accountability, and the rule of law.

PROPORTIONALITY IN ELECTORAL DISQUALIFICATIONS: THE CASE AGAINST LIFETIME BANS FOR CONVICTED POLITICIANS – A CONSTITUTIONAL AND COMPARATIVE INQUIRY INTO INDIA’S DISQUALIFICATION REGIME Read More »

MENSTRUAL HYGIENE IN THE TIMES OF DISASTER IN INDIA: A SOCIO-LEGAL STUDY

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MENSTRUAL HYGIENE IN THE TIMES OF DISASTER IN INDIA: A SOCIO-LEGAL STUDY Tridipanna Sarmah, LL.M (Criminology and Criminal Law), 4th Semester, Student at Department of Law, Tezpur Central University, Assam (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.259 Menstrual health is a fundamental aspect of woman’s life. Safe and hygienic menstrual hygiene management is essential for protecting women’s health, dignity, and overall well-being. However, menstrual hygiene is often overlooked during disaster in India. When disaster strikes, minimum relief standards primarily focus on basic survival needs such as food, water, and shelter while the menstrual hygiene needs of women and adolescent girls are often neglected. The lack of sanitary products, privacy, safe sanitation facilities, and proper waste disposal not only affects health but also compromises dignity. The traditional or cultural norms of the society still reinforce negative perspective towards menstrual health and menstrual hygiene management. This study investigates the condition of menstruation hygiene management during disasters in India. It will also examine the socio-cultural, economic and institutional factors contributing to its non-prioritisation. The study further explores the legal and policy framework that shapes menstrual hygiene governance with other notable state-level initiatives. Despite the existence of disaster management laws in India, there are no specific provisions addressing menstrual hygiene.  The famous jurist John Rawls, in his book A Theory of Justice, emphasises that a just society must ensure fairness in the distribution of resources and opportunities. This paper argues that menstrual hygiene should be recognised as a core element of disaster management policy. This paper also critically examines the legislative gaps and calls for better laws, policies, and awareness to ensure that menstrual hygiene is not as a luxury health issue but a matter of human rights even during disasters.

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TRANSFORMATION IN LEGAL EDUCATION IN THE ERA OF ARTIFICIAL INTELLIGENCE: AN EXPLORATORY STUDY

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TRANSFORMATION IN LEGAL EDUCATION IN THE ERA OF ARTIFICIAL INTELLIGENCE: AN EXPLORATORY STUDY Madhavi More, Assistant Professor at CHIRST Deemed to be University Lavasa Campus, Pune (India) Tejaswi R. Avhad, Principal at Balaji Law College Tathawade, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.258 Legal education, traditionally dependent upon classroom teaching, case analysis, legal reasoning, and critical interpretation, is now witnessing the growing integration of AI-powered tools for research, drafting, data analysis, and academic assistance. The research paper delves into understanding of AI and legal education individually and its intersection to explore the requirements and limits of both. This paper discusses in detail practical challenges as well as opportunities of advancement of AI in legal profession. The study explores how AI can enhance accessibility to legal information, improve research efficiency, promote personalized learning, and assist in developing practical legal skills. Simultaneously, it critically analyses concern such as overdependence on AI, plagiarism, hallucination of case laws, lack of reliability and accuracy, data privacy issues, and the possible decline of essential advocacy skills like critical thinking, interpretation, and analytical reasoning among students. It reviews the role of concerned statutory bodies to comprehend possible ways to use AI Application in the legal education.  This paper explores the role of international bodies like UNESCO and best practices adopted by other countries for smooth integration of AI in legal education. Considering novelty and evolving nature of the subject, researcher has adopted exploratory research model based on doctrinal and analytical approaches using secondary sources, including books, research articles, reports, case laws, and policy documents. The paper concludes that the balanced and regulated integration of AI in legal education is needed to ensure that AI advancement strengthens, rather than weakens, the core values and objectives of the legal profession.

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APPLICATION OF DOCTRINE OF RADD AND EVOLUTION OF RIGHT OF REVERTER OF SURVIVING SPOUSE

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APPLICATION OF DOCTRINE OF RADD AND EVOLUTION OF RIGHT OF REVERTER OF SURVIVING SPOUSE R.J. Franciska Oviya, B.A. LL. B, 5th Semester, Student at Government Law college, Madurai affiliated to Tamil Nadu Dr. Ambedkar Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.257 In Islamic intestate succession, the sharers (Koranic heirs) and the residuaries or customary heirs inherit simultaneously; the distant kindred inherit only in their absence. Following the assignment of fixed sharers to sharers, a portion of the deceased’s intestate estate remains undisposed of. Since there are no residuaries to claim the residue, the issue of distribution of excess heritage arises. Under Islamic jurisprudence, the doctrine of Radd (return) is applied to resolve the problem of excess heritage. The paper examines the mathematical application of Radd through detailed illustrations across two broad scenarios: the presence and the absence of surviving spouse of deceased intestate. The former scenario is further bifurcated based on whether the deceased is survived by only one non-spouse heir or multiple heirs. The doctrine of Radd, applied to treat these anomalous situations, itself has certain exceptions. Historically, intense controversies surrounded the application of Radd to the surviving spouse, which has been recognised as an exception to the doctrine in both Sunni and Shia schools of law. In Shia jurisprudence, two additional exceptions prevail. Furthermore, this paper analyses instances where an individual inherits in dual capacities, a situation that structurally mimics the return. The faith on Ghaibt (occultation) of Twelfth Imam and the allocation of unclaimed estate to the public treasury (Bayt-ul-Mal) are reasons to neglect the return of excess heritage to surviving spouse. The right of Reverter of surviving spouse has evolved over centuries. It has ultimately solidified as an equitable principle through the seminal rulings of Indian Courts before and after the independence.

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CASE ANALYSIS ON DR. TANVI BEHL V. SHREY GOEL & ORS.: CIVIL APPEAL NO. 9289 OF 2019 / 2025 INSC 125

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CASE ANALYSIS ON DR. TANVI BEHL V. SHREY GOEL & ORS.: CIVIL APPEAL NO. 9289 OF 2019 / 2025 INSC 125 Selvaprasad. T, LL.M (IPR Law), 3rd Semester, Student at Government Law College Thiruchirappalli, affiliated with Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Gowthaman. M, Advocate at High court of Madras (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.256 The Supreme Court of India, in Dr. Tanvi Behl v. Shrey Goel & Ors., delivered a significant constitutional ruling on whether residence-based or domicile-based reservation in post-graduate medical courses is constitutionally valid. This case is arisen from the Union territory of Chandigarh, where the Government medical college and Hospital reserved all 64 state quota seats either for Institutional based preference or for the person satisfying residential criteria of the Chandigarh. This was challenged before the High court of Punjab and Haryana and High Court held that it unconstitutional on the ground it violated the Article 14 of the Constitution of India. The matter was subsequently referred to the larger bench of Supreme Court after the division bench framed question of law for authoritative determination. A three-Judge Bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, S.V.N. Bhatti held that residence-based reservation in PG medical course admission is constitutionally impermissible and violates the right to equality guaranteed under Article 14 of the Constitution. The Court reaffirmed the principles laid down in Jagadish Saran v. Union of India, Dr. Pradeep Jain v. Union of India, and the Constitution Bench decision in Saurabh Chaudri v. Union of India. It also clarified that the concept of provincial or state domicile is alien to the Indian Legal system, as India recognise only one Domicile, which is domicile of India. The court further distinguished between permissible residence-based reservation in MBBS course and impermissible reservation at the PG level, where merit must remain paramount. The ruling strengthened constitutional equality and reaffirms that the national citizenship cannot be subordinated to residence-based preferences in higher medical education.

CASE ANALYSIS ON DR. TANVI BEHL V. SHREY GOEL & ORS.: CIVIL APPEAL NO. 9289 OF 2019 / 2025 INSC 125 Read More »

ENCRYPTED BUT NOT FREE: STATE SURVEILLANCE, SECTION 69 IT ACT, AND THE FUTURE OF DIGITAL PRIVACY IN INDIA

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ENCRYPTED BUT NOT FREE: STATE SURVEILLANCE, SECTION 69 IT ACT, AND THE FUTURE OF DIGITAL PRIVACY IN INDIA Arush Kalsotra, B.A. LLB (H), 6th Semester, Student at Himachal Pradesh National Law University, Shimla (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.255 This paper examines the expansion of State surveillance and digital censorship in India through the statutory architecture of the Information Technology Act, 2000, particularly Sections 69, 69A and 79(3)(b), and tests that architecture against the constitutional standards of privacy, proportionality, free speech and chilling effect. Adopting a doctrinal and case-study-based methodology, it analyses primary legal materials, including the IT Act, the 2009 Interception Rules, the Digital Personal Data Protection Act, 2023, and leading decisions such as Shreya Singhal, Puttaswamy, Anuradha Bhasin and the Kunal Kamra litigation. The paper argues that safeguards which justified executive blocking and interception powers in constitutional doctrine have weakened in practice because surveillance and takedown decisions remain largely executive-controlled, opaque and difficult to challenge. The analysis studies specific episodes to demonstrate this pattern: the 2018 authorisation of ten agencies to intercept, monitor and decrypt digital communications; the Sahyog Portal’s use of Section 79(3)(b) to route takedown demands outside the procedural discipline of Section 69A; the litigation concerning the government Fact Checking Unit in Kunal Kamra; the proposed Karnataka misinformation framework; and the rollback of end-to-end encryption on Instagram. These examples show how broad statutory language, short compliance windows, absence of judicial oversight and platform dependence can cumulatively chill protected speech and weaken informational privacy. The paper concludes by proposing targeted reforms: prior or prompt judicial scrutiny for Section 69 orders, auditable retention of interception records, restoration of Section 69A-style notice and reasoned-order safeguards for takedowns, constitutionally narrow misinformation regulation, meaningful consent for encryption rollbacks, and a national encryption policy grounded in Article 21.

ENCRYPTED BUT NOT FREE: STATE SURVEILLANCE, SECTION 69 IT ACT, AND THE FUTURE OF DIGITAL PRIVACY IN INDIA Read More »