LIJDLR

Volume IV Issue II

FROM “OBJECTS OF SYMPATHY” TO “SUBJECTS OF RIGHTS”: REIMAGINING DISABILITY RIGHTS IN INDIA WITH “DOCTRINE OF SUBSTANTIVE EQUALITY” AND “DOCTRINE OF REASONABLE ACCOMMODATION”

Volume IV Issue II /

FROM “OBJECTS OF SYMPATHY” TO “SUBJECTS OF RIGHTS”: REIMAGINING DISABILITY RIGHTS IN INDIA WITH “DOCTRINE OF SUBSTANTIVE EQUALITY” AND “DOCTRINE OF REASONABLE ACCOMMODATION” Harshita Tholiya, Research Associate at High Court of Judicature, Allahabad, (India) Manik Tindwani, Advocate at Rajasthan High Court, Jaipur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.174 Indian disability law has moved far from treating “persons with disabilities” as “objects of sympathy” to treating them as “especially abled individuals” as “subjects of rights”, but ground reality is still far aloof from this doctrinal vision. This paper challenges charity model and medicalised view that disability lies mainly in defective body or mind. It argues that Indian law now speaks different language. The Supreme Court’s disability handbook adopts social model and explains that disablement often comes from social, institutional, communicational, legal, and attitudinal barriers rather than impairment alone. The Rights of Persons with Disabilities Act, 2016, read with UN Convention on Rights of Persons with Disabilities, places dignity, autonomy, participation, accessibility, equality of opportunity, and reasonable accommodation at centre of disability justice. The Court’s recent decisions deepen that shift. Pragya Prasun v Union of India, 2025 INSC 599 treated inaccessible digital KYC systems as exclusion from essential services and ordered structural accessibility measures. Sujata Bora v Coal India Limited, 2026 INSC 53 linked accommodation in public employment with Articles 14, 21, and 41, and rejected bureaucratic technicalities that would defeat equal opportunity. The real crisis now is enforcement and on-ground implementation. Rights exist in statute, in constitutional doctrine, and in judgments. Yet persons with disabilities still litigate for basic access to education, employment, courts, services, and technology. This paper therefore argues for eight practical and implementable “Ashtvakra Reforms” that convert on-paper guarantees into everyday inclusion through timelines, audits, digital standards, institutional cells, intersectional governance, and stronger efficacious remedies.

FROM “OBJECTS OF SYMPATHY” TO “SUBJECTS OF RIGHTS”: REIMAGINING DISABILITY RIGHTS IN INDIA WITH “DOCTRINE OF SUBSTANTIVE EQUALITY” AND “DOCTRINE OF REASONABLE ACCOMMODATION” Read More »

RULE OF LAW: UNDERSTANDING ITS SIGNIFICANCE IN UPHOLDING CONSTITUTIONAL ORDER AND INDIVIDUAL LIBERTIES

Volume IV Issue II /

RULE OF LAW: UNDERSTANDING ITS SIGNIFICANCE IN UPHOLDING CONSTITUTIONAL ORDER AND INDIVIDUAL LIBERTIES Khushboo Rupani, Ph.D., Research Scholar at School of Legal Studies, Vikrant University, Gwalior, Madhya Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.173 The study investigates how the Rule of Law serves as an essential requirement which enables constitutional governance to function in India while investigating its power to maintain constitutional order and its capacity to safeguard personal rights. The assessment of the Rule of Law begins with the Constitution’s essential principles which establish its fundamental elements and operational elements which include constitutional supremacy and restricted government and non-arbitrary decision making and equality and accountability. The research examines how Articles 13 and 14 and 19 and 21 define legal frameworks which limit both legislative and executive authorities while Articles 32 and 226 establish paths to justice which convert rights into real-world security measures. The study explores how Indian legal systems developed from a formal compliance framework toward a rights based constitutional system which uses constitutional standards and open procedures to evaluate governmental activities. The research evaluates institutional protections which maintain democratic equilibrium by examining legal restrictions on discretionary powers and administrative accountability systems. The Right to Information Act 2005 together with the Legal Services Authorities Act 1987 create statutory frameworks which promote judicial transparency while creating pathways to justice and Bharatiya Nagarik Suraksha Sanhita 2023 procedural changes examine their effects on processes which protect individual liberties. The research identifies ongoing problems which include excessive use of discretion and delayed justice and corruption and unfair law enforcement and presents suggestions which aim to strengthen transparency practices and integrity systems and constitutional remedy procedures.

RULE OF LAW: UNDERSTANDING ITS SIGNIFICANCE IN UPHOLDING CONSTITUTIONAL ORDER AND INDIVIDUAL LIBERTIES Read More »

BEYOND PROTECTION: REASSESSING THE EFFECTIVENESS OF POCSO IN INDIA

Volume IV Issue II /

BEYOND PROTECTION: REASSESSING THE EFFECTIVENESS OF POCSO IN INDIA Dr. Priyadarshini Samantray, Assistant Professor at Dhenkanal Law College, Dhenkanal, Odisha (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.172 Enacted in 2012, India’s Protection of Children from Sexual Offences Act (POCSO) constitutes the country’s principal legislative response to child sexual abuse. This article examines the central research question of whether POCSO has effectively achieved its protective objectives after more than a decade of implementation, and to what extent its effectiveness should be assessed through broader indicators than conviction rates alone. The study adopts a doctrinal and comparative methodology, analysing the statutory framework, key decisions of the Supreme Court of India, and empirical data published by the National Crime Records Bureau. Comparative references are drawn from international child-protection standards under the United Nations Convention on the Rights of the Child and related institutional practices. The article addresses three principal objectives: evaluating the adequacy of POCSO’s legislative design, identifying procedural and institutional barriers affecting implementation, and assessing whether existing enforcement mechanisms adequately protect child victims. The analysis demonstrates that although POCSO introduced gender-neutral offence definitions, Special Courts, mandatory reporting, and child-sensitive procedures, its effectiveness remains constrained by judicial delays, infrastructural deficiencies, inconsistent victim support, conceptual ambiguities, and persistent under-reporting. The article argues that effectiveness must be measured through deterrence, victim welfare, trauma-informed adjudication, and rehabilitation outcomes. It proposes targeted reforms, including legislative clarification, expansion of Special Court infrastructure, improved inter-agency coordination, technological integration, and dedicated budgetary support to strengthen India’s child protection framework.

BEYOND PROTECTION: REASSESSING THE EFFECTIVENESS OF POCSO IN INDIA Read More »

APPOINTMENT AND REMOVAL OF JUDGES IN INDIA: TRANSPARENCY, ACCOUNTABILITY, AND THE COLLEGIUM DEBATE

Volume IV Issue II /

APPOINTMENT AND REMOVAL OF JUDGES IN INDIA: TRANSPARENCY, ACCOUNTABILITY, AND THE COLLEGIUM DEBATE Aditya Pal, JRF-Ph.D., Scholar at SICMSS, Rashtriya Raksha University, Gandhinagar (India) Dhriti Pragya, BBA LL. B, 2nd year, Student at SCLML, Rashtriya Raksha University, Gandhinagar (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.171 Judicial independence is the cornerstone of any constitutional democracy, be it that of India or anywhere else. Thereby the processes of appointment as well as removal of Judges has been a central topic of debate regarding separation of powers as propound by Montesquieu. This paper critically examines the constitutional framework overseeing judicial appointments under the ambit of Articles 124 and 217 and the removal of these judges through impeachment procedure under clause (4) of Article 124 and the Judges Inquiry Act, 1968. This paper further traces the ‘evolution’ trajectory of the now hotly debated ‘Collegium system’ from Sankalchand Seth Case to all the way over the 4 landmark cases involving the issue of ‘consultation whether amounts to concurrent’ and the creation of a Collegium, which are famously known as the ‘Judges Cases’. The study underpins the tension between judicial independence and democratic accountability. It also takes into account the ‘comparative perspective’ from the United States of America, United Kingdom and South Africa for understanding the need for transparency and involving the relevant stakeholders through participation in the appointment process. This paper further explores the reformatory proposals which are comprised of statutory codification of the appointment procedure of Judges; Disclosing the entire reasoning behind candidature on digital platforms; Reimagining the NJAC with apt safeguards. By positing India’s experience with that of the USA, UK and South Africa, this study argues for a nuanced approach towards reforms while maintaining a fine balance between Judicial independence and accountability so as to ensure Judicial legitimacy.

APPOINTMENT AND REMOVAL OF JUDGES IN INDIA: TRANSPARENCY, ACCOUNTABILITY, AND THE COLLEGIUM DEBATE Read More »

CRITICAL ANALYSIS OF FACELESS ASSESSMENT AND ADJUDICATION SYSTEMS UNDER INCOME TAX: NEED TO REIMAGINE THE PRINCIPLES OF NATURAL JUSTICE

Volume IV Issue II /

CRITICAL ANALYSIS OF FACELESS ASSESSMENT AND ADJUDICATION SYSTEMS UNDER INCOME TAX: NEED TO REIMAGINE THE PRINCIPLES OF NATURAL JUSTICE Arunkumar A, LL.M., Student at Gujarat National Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.170 Digitisation and the use of artificial intelligence in tax administration have brought immense benefits to both the assessees and the government: ease of compliance for the former and reduced collection and enforcement costs for the latter. At the same time, they have raised significant concerns about the changing paradigm in adjudicatory jurisprudence. The principles of natural justice and fair play have evolved through the judiciary to protect individuals from arbitrary state action and to ensure equity, reasonableness, and fairness in all spheres of state action. The safeguards that had evolved for ensuring procedural due process were based on traditional adversarial adjudication, which was premised on the physical adjudication process. E-Adjudication is a shift in legal processes from the physical to the virtual realm, changing the nature of the relationship between the parties to the dispute. This presents a compelling case for re-examining the principles of natural justice, considering the evolving nature of the digital adjudicatory system, to achieve a fair, transparent, efficient, and participatory system. The conflict between the new paradigm and traditional principles is best exemplified in direct tax adjudication under schemes such as faceless assessment and faceless appeals schemes. This article examines the points of contestation between faceless adjudication and the principles of natural justice. It maps the legal framework of faceless adjudication and its significant departures from traditional adjudication. It further examines the discord between the principles of natural justice and the faceless adjudication schemes in matters of notice, evidence, legal representation, and hearings. Finally, the article makes observations about the evolving nature of the digitised adjudication framework and the challenges it poses to traditional principles of natural justice.

CRITICAL ANALYSIS OF FACELESS ASSESSMENT AND ADJUDICATION SYSTEMS UNDER INCOME TAX: NEED TO REIMAGINE THE PRINCIPLES OF NATURAL JUSTICE Read More »

MISLEADING ADVERTISEMENTS IN INDIA: CONTENT-BASED LIABILITY TO PLATFORM GOVERNANCE IN THE DIGITAL AGE

Volume IV Issue II /

MISLEADING ADVERTISEMENTS IN INDIA: CONTENT-BASED LIABILITY TO PLATFORM GOVERNANCE IN THE DIGITAL AGE Ananya Sharma, BA LLB(H), 10th Semester, Student at Amity Law School, Amity University, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.169 In 2020 the digital economy has masked distinctions between traditional advertising, influencer marketing and immersive, sensory real time marketing, creating a playful ecosystem of commercial influence that evades regulation in India. This paper is organized into six parts. Part I introduces the research problem and conceptual framework. Part II examines the constitutional foundations governing commercial speech and misleading advertisements in India. Part III analyses the statutory and regulatory regime under the Consumer Protection Act, 2019 and related guidelines. Part IV identifies institutional and enforcement deficiencies in the existing framework. Part V undertakes a comparative study of regulatory models in the European Union, the United States, and the United Kingdom. Part VI proposes a unified governance framework and presents the concluding reflections. It counters direct importation with smart adaptation: it promotes regulatory transplantation, but Indian adaptation of regulatory principles to its institutional characteristics and constitutional structures. At the heart of it lies the argument that, for India to manage commercial influence, a reconceptualization of India’s digital content control from violation of content to ecosystem is crucial. This requires a cohesive framework respecting graduated platform liability, binding traceability requirements of disclosure and transparency regarding the workings of algorithms, penalties aligned with turnover and the creation of a formal co-regulatory structure with the CCPA, the Data Protection Board of India and ASCI. Without this reframing, incremental legislative changes will continue to offer normative aspirations without efficacy norms on paper that have no teeth.

MISLEADING ADVERTISEMENTS IN INDIA: CONTENT-BASED LIABILITY TO PLATFORM GOVERNANCE IN THE DIGITAL AGE Read More »

CORPORATE GOVERNANCE AND FRAUD PREVENTION IN INDIAN COMPANIES

Volume IV Issue II /

CORPORATE GOVERNANCE AND FRAUD PREVENTION IN INDIAN COMPANIES Ms. Anchal, LL.M, Student at University School of Law, Rayat Bahra University Sahauran, District Mohali Punjab (India) Ms. Gayatri, Assistant Professor at University School of Law, Rayat Bahra University Sahauran, District Mohali Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.168 Corporate governance constitutes the foundational framework through which companies are directed, managed, and controlled. It ensures that business operations are conducted in a fair, transparent, accountable, and responsible manner, thereby safeguarding the interests of shareholders, employees, creditors, customers, and the public at large. In India, the significance of corporate governance has increased substantially in the aftermath of major corporate scandals such as the Satyam Computer Services fraud, the IL&FS crisis, the Punjab National Bank fraud, and governance concerns involving financial institutions such as Yes Bank. These incidents exposed serious deficiencies in board oversight, auditing practices, disclosure standards, and internal control systems. Corporate fraud poses a significant threat to economic stability, investor confidence, and market integrity. It may take various forms, including financial statement manipulation, bribery, corruption, insider trading, money laundering, and diversion of corporate funds. Effective corporate governance plays a crucial role in preventing such misconduct through mechanisms such as independent directors, audit committees, whistle-blower protections, internal audits, and robust disclosure requirements. This research paper examines the relationship between corporate governance and fraud prevention in Indian companies, with particular reference to the Companies Act, 2013 and the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. It analyses how governance failures contribute to fraudulent practices and evaluates the effectiveness of the existing regulatory framework. The study concludes that although India has made substantial progress in strengthening corporate governance, stricter enforcement, ethical leadership, and technology-driven fraud detection systems remain essential for ensuring long-term corporate accountability and sustainable growth.

CORPORATE GOVERNANCE AND FRAUD PREVENTION IN INDIAN COMPANIES Read More »

EVOLUTION AND LEGAL FRAMEWORK OF POCSO AND CONSENT LAW IN INDIA

Volume IV Issue II /

EVOLUTION AND LEGAL FRAMEWORK OF POCSO AND CONSENT LAW IN INDIA Vaibhavi Pandey, 10th Semester, Student at Amity Law School, Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.167 The evolution of child protection laws in India reflects a gradual shift from a fragmented criminal law approach to a specialised statutory framework designed to safeguard children from sexual offences. The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) constitutes a significant legislative development in this regard, as it establishes comprehensive substantive and procedural protections and adopts a strict liability model under which the consent of any person below eighteen years of age is legally irrelevant. This research examines the legal framework of the POCSO Act and analyses its interaction with the law relating to consent under Indian criminal law. The study is doctrinal and analytical in nature and is based on an examination of statutory provisions, judicial decisions of the Supreme Court and various High Courts, Law Commission Reports, and relevant academic literature. The paper finds that although the POCSO Act has substantially strengthened child protection, its rigid age-based framework has also led to the criminalisation of consensual adolescent relationships, commonly described as the “Romeo and Juliet” problem. The absence of a close-in-age exemption fails to distinguish exploitative conduct from voluntary relationships between adolescents and may result in disproportionate penal consequences. The paper recommends the introduction of a statutory proximity-of-age exception, along with judicial guidelines, counselling mechanisms, and awareness programmes to ensure that the law continues to protect children while respecting adolescent autonomy and the realities of teenage relationships.

EVOLUTION AND LEGAL FRAMEWORK OF POCSO AND CONSENT LAW IN INDIA Read More »

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH

Volume IV Issue II /

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH Ishani Chhaudha, Asian Law College, Ccs University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.166 Artificial intelligence has evolved from a computational tool into a powerful medium of expression shaping identity, political communication, advertising, and social interaction. Deepfakes, synthetic audio, face swaps, voice cloning, and other forms of generative media create legal harms that intersect with privacy, defamation, fraud, cybercrime, intermediary liability, electoral integrity, and constitutional free speech. This article examines how the existing Indian legal framework including the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Bharatiya Nyaya Sanhita, 2023, and constitutional jurisprudence under Justice K.S. Puttaswamy v. Union of India and Shreya Singhal v. Union of India can be interpreted to regulate harmful synthetic media. Using a doctrinal and analytical methodology, the article distinguishes between legitimate uses of artificial intelligence in satire, education, accessibility, and artistic expression, and malicious deepfakes that infringe dignity, facilitate impersonation, mislead voters, enable cyber fraud, or threaten public safety. It argues that India should adopt a rights-based regulatory framework grounded in informed consent, data protection, platform due diligence, forensic evidence preservation, proportionate labelling, effective grievance redressal, victim remedies, and court-reviewable takedown mechanisms. The article concludes that artificial intelligence and deepfakes can be effectively regulated within India’s existing constitutional and statutory framework without undermining freedom of speech and democratic values.

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH Read More »

JUSTICE BEHIND BARS: A STUDY OF SENTENCE REVIEW BOARD OF DELHI

Volume IV Issue II /

JUSTICE BEHIND BARS: A STUDY OF SENTENCE REVIEW BOARD OF DELHI Sriyansh Shrey, BA LLB (H), 10th Semester, Student at Amity Law School, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.165 This paper critically examines the functioning of the Sentence Review Board (SRB) in Delhi within the framework of the Delhi Prison Rules, 2018, and the constitutional guarantees of equality and personal liberty under Articles 14 and 21 of the Constitution of India. The study addresses the central question whether the SRB, which is intended to operationalize the reformative theory of punishment through periodic review of life convicts eligible for premature release, functions in a manner consistent with statutory and constitutional requirements. A doctrinal methodology has been adopted, based on an analysis of constitutional provisions, the Code of Criminal Procedure, 1973, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Lt. Governor’s Policy dated 16 July 2004, the Delhi Prison Rules, 2018, and judicial decisions of the Supreme Court of India and the Delhi High Court. The study finds that, although the legal framework is comprehensive and reform-oriented, its implementation is marked by significant deficiencies. The SRB frequently fails to hold mandatory quarterly meetings, resulting in prolonged delays in the consideration of eligible cases. Its recommendations often rely disproportionately on the gravity of the original offence and police objections, while overlooking relevant factors such as conduct in prison, parole performance, age, health, family circumstances, and prospects of rehabilitation. Judicial decisions have repeatedly characterised such practices as arbitrary and inconsistent with the principles of fair procedure. The paper recommends strict adherence to quarterly meeting requirements, mandatory speaking orders, time-bound submission of reports, reduced dependence on police opinions, and institutional reforms to ensure transparency, accountability, and constitutional compliance.

JUSTICE BEHIND BARS: A STUDY OF SENTENCE REVIEW BOARD OF DELHI Read More »