LIJDLR

Human Rights

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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DETENTION CAMPS IN INDIA: LEGAL CONCERNS AND PATHWAYS TO REFORM

Volume III Issue IV /

DETENTION CAMPS IN INDIA: LEGAL CONCERNS AND PATHWAYS TO REFORM Biprajit Chatterjee, B.A.LL.B, 4th Year, 7th Semester Student at West Bengal (India) Taniya Deb, B.A.LL.B, 4th Year, 7th Semester Student at West Bengal (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.168 This study explores the operation of detention camps in India, examining their compliance with legal standards and implications for human rights. Focusing on the regulatory landscape established by the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA), it evaluates the legality and constitutionality of detention practices. By scrutinizing the adequacy of due process and the protection of individual rights within these facilities, the study aims to discern potential violations and gaps in the legal framework governing detention procedures. Furthermore, the study investigates the conditions prevailing within detention camps, including overcrowding, substandard living conditions, and limited access to healthcare, analyzing their conformity with international human rights standards. It also explores allegations of mistreatment and abuse, considering their legal ramifications and the avenues for redress. Moreover, the study examines the impact of detention camps on marginalized communities, identifying patterns of systemic discrimination and disproportionate representation. By elucidating these disparities, it seeks to inform policy discourse and advocate for measures to address underlying inequalities. Ultimately, the study advocates for transparency, accountability, and the protection of human rights within the context of detention practices. It endeavors to contribute to the development of a legal and humanitarian framework that upholds principles of justice, dignity, and equality for all individuals affected by detention policies in India.

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PRISON OVERCROWDING IN INDIA: A COMPREHENSIVE STUDY OF CAUSES, EFFECTS, AND REFORM MEASURES

Volume III Issue IV /

PRISON OVERCROWDING IN INDIA: A COMPREHENSIVE STUDY OF CAUSES, EFFECTS, AND REFORM MEASURES Chaitali Das, LLM, Department of Law, Murshidabad University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.165 Overcrowding in Indian prisons has become one of the leading issues in the criminal justice system. Ample of evidence suggests that a large proportion of the prison population includes undertrial prisoners who are incarcerated for long periods of time, which is often attributed to delays in the judicial process of adjudicating cases, limited legal aid services, and socio-economic conditions. Overcrowding in prisons results in situations that are inhumane and unsanitary, decreases accessibility to adequate health care, increases instances of violence in prisons, and provides minimal or no rehabilitative prospects. This paper will examine the historical background of prisons in India, the structural and systemic bases for why overcrowded prisons exist, and the far-reaching effects on prisoners, staff, and society. It will also include recent statistical data to demonstrate the current state of prisons in India, and suggest broad reforms, including speedy trials, examining alternatives to imprisonment, improving humane treatment of prisoners, enhancing conditions of prisons, better access to legal aid services, and improving rehabilitation opportunities. Addressing overcrowded prisons is crucial to safeguard constitutional rights, humane treatment of prisoners, and a functioning justice system focused on rehabilitation.

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LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA

Volume III Issue III /

LEGAL EMPOWERMENT AND SOCIAL TRANSFORMATION: RETHINKING LAW-SOCIETY RELATIONS IN INDIA Ms. Aashi Dixit, BBA-LL. B, LL.M, NET (Law) (India) Dr. Namrata Tiwari, Assistant Professor, Career College of Law, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.111 Legal consciousness marks the area between law and society, ensuring empowerment as well as equal justice to every citizen. India has an advanced legal framework in place, yet many remain oblivious of their rights and legal remedies- particularly those from marginalized communities. Social inequalities thrive in this scenario, and the efficacy of laws designed to protect weaker sections becomes weakened. This paper analyzes successful models of legal awareness initiatives, examining how public understanding of the legal system can be enhanced through case studies and comparative analysis. It explores the history of the development of legal education and awareness programs in India, highlights the challenges to legal literacy, and describes the roles of governmental and non-governmental organizations in promoting legal knowledge. The findings suggest that legal education should not remain confined to professionals but must become part of the general social fabric. Expanding legal literacy has the potential to transform citizens’ participation in democracy, strengthen access to justice, and promote empowerment through knowledge of rights and remedies. The study underscores the importance of integrating technology in disseminating legal information, thereby making the justice system more inclusive and accessible. By bridging the gap between law and society, India can move closer to achieving its constitutional goals of justice, equality, and dignity for all citizens.

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