LIJDLR

Human Rights

BEYOND ABSOLUTISM: REASSESSING STATE IMMUNITY IN INDIAN AND INTERNATIONAL LAW IN THE AGE OF COMMERCIALIZATION AND HUMAN RIGHTS ACCOUNTABILITY

Volume IV Issue III /

BEYOND ABSOLUTISM: REASSESSING STATE IMMUNITY IN INDIAN AND INTERNATIONAL LAW IN THE AGE OF COMMERCIALIZATION AND HUMAN RIGHTS ACCOUNTABILITY Anshika Pandey, B.A.LL.B Student at Galgotias University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.267 The doctrine of absolute state immunity is well entrenched on the principle par in parem non habet imperium and in the doctrine of sovereign inviolability, and is seriously under challenge from globalization, the increasing role of states in commerce and the heightened human rights scrutiny. This paper calls for a rethinking of absolute immunity in terms of sovereign acts (jure imperii) and commercial acts (jure gestionis) and provides specific exemptions for the breach of jus cogens norms. In India, suits against foreign states are regulated by Section 86 of the Code of Civil Procedure, 1908 which mandates consent of the Central Government, unless the activity is commercial. Indian courts have gradually developed a restrictive approach in commercial contexts, although Mirza Ali Akbar Kashani v. United Arab Republic is better understood as a procedural baseline rather than as a restrictivist precedent. In that case, the dispute arose from a tea-supply contract with the United Arab Republic’s Ministry of Economy, Supplies and Importation Department, and the Supreme Court held that Section 86(1) CPC applied and barred the suit for want of Central Government consent. The later restrictivist development is more accurately reflected in decisions such as Ethiopian Airlines v. Ganesh Narain Saboo, where immunity was denied to a state-owned carrier engaged in commercial activity. It is further supported by constitutional remedies provided under Article 21 and 32 of the Indian Constitution, though India has not ratified the UN Convention on Jurisdictional Immunities of States (UNCSI) of 2004 which narrows the scope of immunity for contracts, torts and property and provides little protection for human rights claims. This vacuum is seen internationally in the case of Germany v. Italy (ICJ, 2012) and Jones v. Saudi Arabia (2006) where immunity was upheld against allegations of grave breaches and torture. On the basis of comparative practice, in particular the broad waiver for commercial cases under the Foreign Sovereign Immunities Act, and precedents in India, like Harbhajan Singh Dhalla, it examines the pro and con arguments surrounding restrictive immunity, namely, the principle of comity and the concept of commercial certainty, against the danger of immunity and some tension with constitutional principles under the guise of Article 51(c). It suggests the need for a State Immunity Act with automatic commercial waivers, the addition of jus cogens exceptions and time-bound procedures under Section 86 and also, India’s accession to UNCSI with human rights reservations. Finally, the paper urges a balance of state sovereignty and accountability and substantive justice.

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

Volume IV Issue II /

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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IMPACT OF IMMIGRATION POLICIES ON HUMAN RIGHTS: A COMPARATIVE ANALYSIS WITH FOCUS ON INDIA

Volume IV Issue II /

IMPACT OF IMMIGRATION POLICIES ON HUMAN RIGHTS: A COMPARATIVE ANALYSIS WITH FOCUS ON INDIA Pratibha Tewatia, B.A. LLB. (H), 7th Semester, Student at Amity University, Gurugram, Haryana (India) Sanya Singh, B.A. LLB. (H), 7th Semester, Student at Amity University, Gurugram, Haryana (India) Tanvi Jain, B.A. LLB. (H), 7th Semester, Student at Amity University, Gurugram, Haryana (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.216 Growing movement across borders increasingly tests national laws aiming to uphold government authority while meeting global duties to protect people. India, notable for sending many abroad yet also receiving large numbers, faces challenges as its outdated rules fail to match modern patterns of forced or voluntary relocation. Whether present policies secure basic freedoms for those crossing into the nation – be they asylum seekers, displaced individuals without citizenship, or laborers – is explored here through local judicial principles alongside worldwide standards. Beginning with India’s present framework under the Immigration and Foreigners Act, 2025, while situating the Foreigners Act, 1946 and related predecessor laws in their repealed historical context, the analysis then turns to the Citizenship (Amendment) Act, 2019 and safeguards embedded within Article 21 of the Constitution. Instead of general assumptions, examination follows structure found across U.S., Canadian, and EU immigration models, then extends into policies practiced by several Middle Eastern nations. Rather than isolated rulings, judgments issued by India’s highest court align beside findings from global judicial bodies. Following this path, benchmarks originate in the 1951 Refugee Convention, tied further to foundational agreements drafted under UN authority on human rights. The results indicate that India’s laws on migration carry deep-rooted flaws – such as rules frozen in time, uneven application across regions, and shifting conditions for staying – which place at greater risk communities like the Rohingya along with people without legal status. Although key decisions by the Supreme Court have applied constitutional safeguards under Article 21 even to foreigners, hurdles built into processes still weaken actual ability to claim these protections. This work suggests fragmented court actions fail to address core issues; instead, coherence may emerge through legislation matching national policies to global human rights standards. A single legal structure could reflect such alignment more effectively than scattered rulings.

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THE PROLIFERATION OF HATE SPEECH IN THE AGE OF RIGHT TO FREE SPEECH

Volume IV Issue II /

THE PROLIFERATION OF HATE SPEECH IN THE AGE OF RIGHT TO FREE SPEECH Ms. Ankita Agarwal, Assistant Professor at School of Law, IFTM University (India) Dr Manisha Matolia, Associate Professor at School of Law, IFTM University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.184 It is difficult to determine when and where to draw the boundary between “hateful speech” and “freedom of expression.” For a true democracy, the former is absolutely necessary, whereas the latter is the exact opposite barrier. In this work, the author examines this deference using pertinent case law and customs. Limitations on “freedom of speech,” which is fundamental to a democratic society, are scrutinized. “Hateful speech” is no longer considered “freedom of speech” when it violates laws that forbid the propagation of hatred and/or the incitement of violence.A very complicated and sensitive subject, hate speech includes any form of communication that differs from a person or a group based on some features like race, color, ethnicity, gender, sexual orientation, nationality, religion etc. The laws pertaining to “hateful speech” have proven challenging to enforce in the modern era because there are new ways to express oneself every day due to greater connectedness. This paper explores the concept of “hateful speech” in its broadest sense, how it varies from “freedom of speech and expression,” and how the spread of “hateful speech” has hurt the nation. This paper aims to examine the meaning of hate speech and the point at which freedom of speech and expression crosses into unlawful speech, and to determine how a constitutional balance may be maintained between hate speech laws and Articles 14, 19(1)(a), 19(2), 21 and 25 of the Constitution of India so as to prevent misuse of powers. For this paper, the research methodology will be comparative and doctrinal or non-empirical. Primary and secondary data are the two types of data that the present study analyses.

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

Volume IV Issue I /

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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LAW ON EXTRADITION- BALANCING SOVEREIGNTY, JUSTICE AND HUMAN RIGHTS IN THE GLOBALISING WORLD

Volume IV Issue I /

LAW ON EXTRADITION- BALANCING SOVEREIGNTY, JUSTICE AND HUMAN RIGHTS IN THE GLOBALISING WORLD Ritu Shukla, LLM student DSNLU (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.105 Extradition stands for the process of turning over a fugitive by one nation to another for prosecution and punishment, if found guilty. Differences in the idea of crimes across nations has led to a question whether this difference have resulted in allowing fugitives to misuse it and evade prosecution by absconding to the nation where a particular offence is not a crime and where dual criminality is recognized? Through this paper it is being tried to explore how different jurisdictions reconcile conflicts between national interests and international obligations; how sovereign nations are balancing between their sovereignty and pursuit of global justice. It is also being tried to assess the human rights implications of extradition, including risks of unfair trial or inhumane treatment. It is seen that in spite of many frameworks and treaties present for extradition of a fugitive still inconsistencies in enforcement and interpretation of the treaties undermines its effectiveness. As seen in Bhopal gas tragedy case, the attempt of extradition of Warren Anderson, Chairman and CEO of Union Carbide Corporation, failed due to difference in interpretation of treaties resulting in undermining of accountability and denial of justice to the victims. The objective of this paper is to do a doctrinal and comparative research to suggest reforms that can enhance uniformity, safeguard human rights, and strengthen cooperative mechanisms, thereby contributing to both academic discourse and policy development.

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INTERNATIONAL PERSPECTIVE ON REHABILITATIVE JUSTICE: ASSESSING THE NEED FOR REFORM OF CRIMINAL PUNISHMENT AND PROTECTION OF HUMAN RIGHTS

Volume IV Issue I /

INTERNATIONAL PERSPECTIVE ON REHABILITATIVE JUSTICE: ASSESSING THE NEED FOR REFORM OF CRIMINAL PUNISHMENT AND PROTECTION OF HUMAN RIGHTS Sam S. Siryon, BA. LL. B Honors, Apeejay Stya University School of Legal Studies, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.35 In contemporary legal settings, rehabilitative criminal punishment has been criticized for its high cost in integrating rehabilitated criminals into society, ineffectiveness, infringement on human rights, and the risk of creating a wide net of penal control. It has also been critiqued for the potential for sentencing disparities based on perceived needs for rehabilitation rather than the severity of the crime, and the lack of traditional due process safeguards within rehabilitative programs. The long-term argument has been that the system is too forgiving, thereby undermining the goal of retribution and failing to express society’s moral disapproval of criminal acts. Rehabilitative justice focuses on reforming offenders and reducing recidivism by addressing the root causes of criminal behavior through programs like education, vocational training, counseling, and substance treatment. This research investigates the effectiveness of rehabilitative justice through a comparative legal analysis of correctional and reintegration frameworks in India, Liberia, and the United States, examining vocational training and mental health programs in Indian prisons alongside Liberia’s Disarmament, Demobilization and Reintegration (DDR) strategies and rehabilitation models within the U.S. criminal justice system. The study seeks to identify key gaps in reducing recidivism, promoting inmate social reintegration, and improving post-release support systems. With consistent criticisms and revealed facts affecting the rehabilitative system, it is important to employ strategic measures that would mitigate the challenges faced with this system; the fear of it becoming a failed system would be the outcome. These measures include adopting a holistic human rights-based approach focused on education, vocational training, psychological support, and social reintegration to reduce reoffending and promote public safety. Key reform efforts should be guided by United Nations standards and supported through internationally recognized human rights frameworks. National systems must align their laws, policies, and correctional practices with core principles such as individualized assessment, non-custodial measures, and structured post-release support. A coordinated, multi-sectoral approach involving both governmental institutions and civil society actors is essential to ensure sustainable reintegration outcomes.

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THE FUTURE OF MINORITY RIGHTS IN BANGLADESH: PROSPECTS AND CHALLENGES IN THE POST-SHEIKH HASINA ERA

Volume IV Issue I /

THE FUTURE OF MINORITY RIGHTS IN BANGLADESH: PROSPECTS AND CHALLENGES IN THE POST-SHEIKH HASINA ERA Dr. Anil Kumar Dixit, Professor, Career College of Law, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.09 This research paper examines the future of minority rights in Bangladesh in the aftermath of Sheikh Hasina’s ouster from power on August 5, 2024, following unprecedented student-led protests. The study is framed in the context of a post-Sheikh Hasina era, where the turnover of political power is likely to bring new political and legal priorities. Specifically, the research seeks to provide an understanding of the challenges facing minority rights holders-Hindus, Buddhists, Christians, and Indigenous peoples-within this transitional moment. Issues under consideration include communal violence, structural discrimination, and continued socio-economic marginalization. The study will inquire whether the existing legal and constitutional frameworks provide meaningful protection, noting that past assessments have found many of these protections to be aspirational, unenforced, or disconnected from prevailing political conditions. In analyzing this competing context, the research evaluates how minority rights were ostensibly secured under a Sheikh Hasina–dominated government that emphasized a secular framework, while also questioning whether the post-Hasina transition will sustain, reform, or dismantle these foundations. Additionally, the study will broaden its evaluation to include ongoing perpetrators of minority rights violations in the economic and societal spheres-such as land grabbing in Indigenous peoples’ territories, exclusion from economic opportunities in both public and private sectors, and cultural erasure through attempts to redefine national identity in exclusionary terms. Ultimately, this research situates minority rights within Bangladesh’s current political transition and assesses the potential pathways for legal and social protections in a post-conflict and post-authoritarian context.

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DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE

Volume III Issue IV /

DIGITAL GOVERNANCE AND LEGAL RIGHTS: A STUDY UNDER CONSTITUTIONAL JURISPRUDENCE Sairee Ghosh, 5 YR B.A. LL.B. (Calcutta University), LL.M. (Pursuing) (Vidyasagar University) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.178 Waves of technical innovation in recent decades have greatly enhanced people’s quality of life. In the meantime, complaints about technological inequities have grown, including unequal economic distribution and racial discrimination. Experts have warned that emerging technology, such as Artificial Intelligence, might have disastrous consequences, predicting that it could spark World War III. Utilization of the internet has skyrocketed due to technological advancements, particularly after the COVID-19 pandemic, which compelled people to stay indoors. The epidemic has expedited the digital revolution. Due to restrictions on physical mobility worldwide during the pandemic, all major businesses, including education, migrated to the internet, paving the path for complete digitization. Recognizing the importance of the internet and advocating for universal access to it constitutes an urgent necessity. The courts have also highlighted the importance of the internet during the pandemic, and they have begun hearings via video conference, paving the path for the establishment of a new category of fundamental rights in the form of the right to access the internet. The legislature must recognize the importance of the internet and fulfill its obligations as a democratic government to reduce the digital gap and ensure that internet access is not restricted arbitrarily, since it is a fundamental human right. This article proposes an idea regarding a new basic Right to Technology that should be included in the Indian Constitution. Considering the vital relevance of technology to human dignity and equality, a new Constitutional Right seeks to encourage equitable sharing of technical advantages while also preventing harmful technological uses. The article begins with a discussion of the Fundamental Rights outlined in the Constitution. It then addresses the Impact of Technology on Fundamental Rights. This article discusses challenges that individuals deal with in India. It also investigates solutions for protecting the Right to Technology.

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FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS

Volume III Issue IV /

FROM PLEDGES TO PROSECUTION: THE ROLE OF CLIMATE LITIGATION IN ENFORCING NET-ZERO COMMITMENTS Nitesh Kumar, Prof. at Vijaybhoomi University (School of Law), (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.177 Net-zero pledges have become the most important part of modern climate policy. This is because countries and businesses have agreed to cut or balance their greenhouse gas emissions by the middle of the century to meet the Paris Agreement’s temperature objectives. But the lack of instruments that can be used to enforce the rules has created a big gap in accountability between goals and actions. In response, climate litigation has developed worldwide as an effective means of transforming political climate promises into binding legal obligations. This report examines the evolution of climate litigation in enforcing net-zero commitments via local courts, regional tribunals, and international human rights institutions. It looks at important cases like “Urgenda Foundation v. State of the Netherlands,” “Milieudefensie v. Royal Dutch Shell,” “Juliana v. United States,” and “Neubauer v. Germany” to show how ideas like human rights, fairness between generations, and tort-based responsibility are now the basis for judicial efforts to force stronger action on climate change. The research further examines the matters of standing, causation, scientific ambiguity, and compliance, alongside emerging trends such as corporate fiduciary lawsuits, global enforcement, and the increasing importance of climate attribution science. In the end, it says that climate lawsuits are both a way to fix problems and a way to get things done in global climate governance. They move net-zero promises from wishful thinking into legal, scientific, and moral obligations.

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