LIJDLR

Human Rights

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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PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA

Volume III Issue II /

PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA KAVIDHARANI R, Presidency University, Bangalore Download Manuscript doi.org/10.70183/lijdlr.2025.v03.75 The integration of Artificial Intelligence (AI) in law enforcement has led to the rise of predictive policing, an emerging technique that uses data analytics and machine learning to forecast potential criminal activity. While such innovations promise to enhance efficiency and prevent crime, they raise critical concerns in a constitutional democracy like India, where the values of liberty, equality, due process, and human dignity form the bedrock of governance. This paper critically evaluates the deployment of AI-driven predictive policing technologies in India through the lens of constitutional morality; a normative framework rooted in the transformative vision of the Indian Constitution. Focusing on initiatives such as CMAPS (Crime Mapping, Analytics and Predictive System), facial recognition, and algorithmic surveillance, the paper explores the socio-legal implications of data-powered policing. It examines how algorithmic bias, lack of transparency, and mass surveillance mechanisms pose risks to privacy, reinforce structural inequalities, and challenge the principles affirmed in landmark judgments such as Justice K.S. Putt swamy v. Union of India. Through doctrinal analysis and comparative insights from global practices, the study highlights the tension between technological advancement and constitutional safeguards. The paper argues that in its current unregulated form, predictive policing risks deepening systemic discrimination and undermining democratic freedoms. It underscores the urgent need for a rights-based AI policy framework, judicial oversight, and algorithmic accountability. By contextualizing predictive policing within the constitutional morality framework, this study seeks to initiate a discourse that prioritizes human dignity and constitutional values over mere technological expediency.

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RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS

Volume III Issue II /

RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS Dr. S. Vijayalakshmi,HOD, Bharat Institute of Law, Chennai Sai Prarthana M, 4th Year Student, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.60 With the global growth of gig platforms, a non-standard form of employment has now emerged. The traditional employer-employee relationship and its permanence are absent. This economy has created a new form of workers. They are considered freelance workers who work as and when the demand arises from the consumers. The essential aspect of this economy is the work on digital platforms. In gig work, the consumers would demand labour digitally through apps. These digital platforms would create millions of jobs around the world. Recently, in June 2022, the NITI AYOG released its latest report, ‘India’s Booming Gig and Platform Economy – Perspectives and Recommendations of the Future of Work’ – which exhibited a detailed analysis of the economy’s growing significance in India. Further, the report has outlined the road map to achieve especially 8th Goal of SDG for Decent work and Employment Growth to all. Though India has interfaced with gig–platform work to boost the economy with greater fervour during the Corona period, yet, the policy and legislations are at an infant stage and yet to be formulated and finalized. Meanwhile, the age-old labour legislations are undergoing a sea change in the name of simplifying them. The new codes on Wages, Industrial Relations, Social Security, and Occupational Safety and Health have yet to be appropriately enacted, and rules need to be established by the Central and State governments for the protection of the rights of employees. Ultimately, the goal is to achieve the Sustainable Development Goals, by the UN and the ILO for better and sustainable legislations pertaining to labour law. India has already outlined the road map to the 8th Goal of SDG. The SDGs do matter in developing sustainable communities when focused on their achievement in India. We are at the earliest stage towards making in policy for gig/platform workers as they are going to occupy the Indian economy at a greater level.

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BARS AND BOUNDARIES: A CRITICAL ASSESSMENT OF INDIAN PRISONERS’ RIGHTS IN LIGHT OF GLOBAL LEGAL FRAMEWORKS

Volume II Issue III /

BARS AND BOUNDARIES: A CRITICAL ASSESSMENT OF INDIAN PRISONERS’ RIGHTS IN LIGHT OF GLOBAL LEGAL FRAMEWORKS Asna Aslam, 4th year law student at Hamdard institute of legal studies and research (HILSR), School of Law, Jamia Hamdard, New Delhi. Tanzia Ahmad, 4th year law student at Hamdard institute of legal studies and research (HILSR), School of Law, Jamia Hamdard, New Delhi. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.39 This paper examines the state of prisoners’ rights in India, highlighting the disparity between legal frameworks and their implementation. Despite constitutional protections and international obligations, such as the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the International Covenant on Civil and Political Rights (ICCPR), Indian prisons face systemic issues including overcrowding, prolonged pre-trial detentions, inadequate healthcare, and caste-based discrimination. With undertrial prisoners constituting over 64% of the prison population, delays in judicial processes and financial barriers to bail result in significant violations of their rights to liberty and fair trial. Comparing India’s prison system with those of Germany, Norway, and the Netherlands reveals stark contrasts. Germany emphasizes rehabilitation and normalcy, offering personalized prison plans and vocational training. Norway prioritizes maintaining inmates’ social bonds and dignity, resulting in one of the world’s lowest recidivism rates. The Netherlands, with its minimal prison population, focuses on alternative sentencing, electronic tagging, and comprehensive mental health support. These systems underscore the benefits of humane treatment and rehabilitation in reducing recidivism and fostering reintegration. India’s reliance on punitive measures and its failure to provide humane living conditions underscore the urgent need for reforms. Addressing infrastructure deficiencies, enhancing access to legal aid, and prioritizing rehabilitation are essential to align India’s prison system with human rights standards and ensure the fair treatment of all prisoners. This study emphasizes that lessons from international models could guide India toward a more just and effective penal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 664-706. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EVOLVING NORMS OF GOVERNMENT RECOGNITION: THE CASE OF THE TALIBAN IN AFGHANISTAN

Volume II Issue II /

EVOLVING NORMS OF GOVERNMENT RECOGNITION: THE CASE OF THE TALIBAN IN AFGHANISTAN Gaurav Bohara, Third year student pursuing BBA LLB (Hons.) at Jindal Global Law School. Download Manuscript ABSTRACT This paper examines the evolving landscape of government recognition in international law. Traditionally based on effectiveness, contemporary trends suggest emerging criteria, including gender equality, counter-terrorism efforts, and inclusive governance. The Taliban regime in Afghanistan, with its gender-based discrimination and ties to terrorism, serves as a case study. The international community’s near-unanimous refusal to recognize the Taliban highlights a potential shift towards non-recognition in cases of severe human rights abuses. The paper analyses the legal implications and explores the possibility of conditional recognition as a tool to incentivize compliance with international norms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 208-214. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN

Volume II Issue II /

GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN Adhila Fathima.I, Student of Chennai Dr. Ambedkar Government Law College. Download Manuscript ABSTRACT Human rights deal with various issues like trafficking, refugees’ crisis, labourers problems, genocide, war crimes, sexual crimes, lgbt rights and many more. However, the gender inequality problem has been one of the issues that has existed for a considerably long period. Even in this modern era, it is not accepted by the ‘whole’ world that gender equality is a human right. India faced various dimensions in gender justice. There are a lot of changes in the number of rights given without any gender biases provided before and now in India. Because when it comes to the context of India, it is said as one of the countries which was underdeveloped in the past for various reasons, however one of the causes was the setup of patriarchal society of India. In this article it is discussed about the status of gender equality in the past and the legal changes brought up. There is a role of customs, beliefs and practices for the unempowered situation of women of India. Culture and religion are treated as crucial institutions in Indian society. Thus, are any beliefs followed in the society being a cause of Gender inequality? If it is, then what are the practices that bring underdevelopment to women and what legal implications are there? These are the matters which are to be analysed in this article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 194-207. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM

Volume 1 Issue IV /

GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM Tanya, Student at Rajiv Gandhi National University of Law, Punjab. Download Manuscript ABSTRACT Rape is the fourth most common crime committed by people in India. It is often considered that rape is committed by male towards the female and therefore it is unlikely to be vice-versa. Not only the people but also the Indian Law is based on the conception that woman is the victim of the rape and man is the perpetuator of crime. The rape scenario in the transgender community is also very disturbing. Sexual assault in the sub-population of the transgender community which includes the youth, individuals with disability, homeless people and those involved in sex trade has been found to be high. Although the concept of gender-neutrality has been recommended by experts and reports, no notable steps have been taken to curb this situation. It is desirable to consider rape with the human rights and negate the role of gender biasness in the identification of the victim and perpetuators of rape. Regardless of gender of an individual, there should be equal protection of law under Article 14 of Indian Constitution. In order to have better understanding and inclusivity in the paper, the author has focused on the secondary data, statistical tests and experiments. The research conducted in this paper finds that even after the amendments in criminal law, the position has remained the same i.e. gender specific. This paper aims to shift the minds of the readers to the neglected nature of the legal system towards the transgender community and the need for gender-neutral laws in the Indian legal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 98-112. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

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