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Live-In Relationships In India: Recognition And Legal Status Under Family Law
Deepansh Bhargava, BA LLB (H), IILM University, Greater Noida ABSTRACT This paper analyzes the evolving legal status of LIRs in India, focusing specifically on their recognition within the framework of Hindu Law and the subsequent role of judicial activism. This is because, historically, Hindu family law revolved around the sacramental institution of Vivaha, or marriage, which did not provide any statutory recognition for cohabitation outside of marriage. This resulted in a m
IJLLR Journal
Nov 201 min read
Criminalising Adolescence: Misuse Of POCSO In Consensual Teenage Relationships
Neelam, Guru Nanak Dev University, Amritsar “The law meant to protect childhood must not become the sword that destroys it.” ABSTRACT The aim of POCSO is protection, not prosecution of young ones. We cannot safeguard children by criminalising their developmental years. The Protection Of Children from Sexual Offences (POCSO) Act, 2012, is one of India’s most stringent children’s protection laws, based on the belief that minors cannot legally consent to sexual activity. However
IJLLR Journal
Nov 201 min read
Mental Capacity And Marital Consent: Rethinking Hindu Marriage Law
Padmakshee Pani, Birla Global University, Bhubaneswar ABSTRACT Hindu law states that legitimate consent is a prerequisite for marriage. According to Hindu marriage law, people who have mental illnesses or disabilities that interfere with their ability to get married or raise a family are not allowed to get married. Despite being meant to protect consent, the clause is out-of-date, unclear, and devoid of procedural protections, which causes varying court interpretations and dr
IJLLR Journal
Nov 202 min read
Marine Biodiversity: The Missing Link In India’s ABS Framework
Revaa P.G, Presidency University, Bengaluru ABSTRACT India’s Biological Diversity Act, 2002 is a landmark framework for the purpose of conserving biological resources, regulating access and for one of the most important aspects that is equitable benefit sharing. While it is widely applied to the terrestrial ecosystems, its relevance with respect to marine biodiversity has remained majorly overlooked. For generations together, the fishing and coastal communities in India have
IJLLR Journal
Nov 202 min read
A Critical Analysis of Dr. Nupur Talwar v. Central Bureau of Investigation (2017): From Trial Court to Supreme Court — A Study on Circumstantial Evidence and Justice Delivery in India
Monika Tyagi, CPJ College of Higher Studies & School of Law, GGSIPU ABSTRACT The case of Dr. Nupur Talwar v. Central Bureau of Investigation (2017) is one of the most complex and widely discussed examples of how circumstantial evidence is used in Indian criminal law. The Aarushi–Hemraj double murder case of 2008 raised serious concerns about the reliability of forensic procedures, the fairness of investigations, and the role of media in shaping judicial perception. This paper
IJLLR Journal
Nov 201 min read
Reviewing The Evolution Of Judicial System In Indian: From Ancient To Pre-Medieval Era
Nishant Nayan, Research Scholar, P.G Department of History, Magadh University Bodhgaya ABSTRACT The evolution of the judicial system in India from the ancient to the pre- medieval era reflects the rich tapestry of socio-political, cultural, & philosophical developments that shaped legal practices. This study examines the foundational legal frameworks established during the Vedic & pre-Vedic periods, emphasizing the importance of dharma as the moral & ethical cornerstone of ju
IJLLR Journal
Nov 201 min read
Examining The Role Of Public Trust Doctrine For Advancing Environmental Justice In India
Kiran Mai, LLM, Faculty of Law, University of Delhi ABSTRACT The Public Trust Doctrine has gradually emerged as a cornerstone of environmental law, positioning the State as a guardian of natural resources, obligated to protect them for present and future generations. Its foundations lie in Roman law and the common law tradition, and its significance was further recognized in international instruments like the Draft International Covenant on Environment and Development (1995).
IJLLR Journal
Nov 201 min read
Institutional Framework Of Income Tax Administration In India
Darshanram Karthik S, Chettinad School of Law, Chettinad Academy of Research and Education Aparna Reddy T, Chettinad School of Law, Chettinad Academy of Research and Education Mrs. Jehibha N, Assistant Professor of Law, Chettinad School of Law, Chettinad Academy of Research and Education ABSTRACT The Income Tax Act, 1961 confers expansive discretionary powers upon income tax authorities for assessment, investigation, and enforcement of direct taxation. This doctrinal research
IJLLR Journal
Nov 202 min read
Ensuring Wage Justice In India: Examining The Process Of Fixation And Revision Under The Code On Wages, 2019
Rishabh Dwivedi, Vivekananda Institute of Professional Studies ABSTRACT The historic labour welfare system in India has always been contextually bound to the labour wage regulation system as a way of harmonizing the industrial productivity and social justice. Based on the idea that no employee is to be paid less than the price of living, the idea of minimum wages was born as a remedial response to the colonial period oppression and economic disparity. In 1948 with the introdu
IJLLR Journal
Nov 202 min read
A Right For All, A Remedy For The Famous: Navigating The Judicial Divergence And Legislative Vacuum In Indian Personality Rights Law
Suyash Kant Shukla, Faculty of Law, Banaras Hindu University ABSTRACT Personality rights in India, though grounded in the right to privacy under Article 21 of the Constitution, lack a clear and comprehensive statutory framework. As a result, courts have become the primary drivers in shaping the contours of these rights, particularly through disputes involving celebrities and commercial exploitation of identity. Recent decisions of the Delhi and Bombay High Courts have highlig
IJLLR Journal
Nov 201 min read
School Curriculum Vis-À-Vis Legal Literacy
Akshat Chaudhary, Hidayatullah National Law University “Legal literacy is not merely awareness of the law — it is the power to ponder, evaluate, assess, accept or challenge before appropriate forum, any law or rule made for us.” In a democracy that begins with the words “We, the People,” understanding the law should be as fundamental as reading or writing. The legal literacy develops broader aspect of togetherness, respect and equality before law. Yet, for most of the childre
IJLLR Journal
Nov 202 min read
Hindu Joint Family Under Family Law: Bridging Traditional Values With Contemporary Legal Challenges
T. Jackson Shalom, BBA LL.B. (Hons.), Dhanalakshmi Srinivasan University ABSTRACT The Hindu Joint Family (HJF), formalized in law as the Hindu Undivided Family (HUF), embodies a distinctive legal institution evolving from ancient Vedic traditions to modern statutory provisions in India. This paper explores the transformation of the HJF, emphasizing the radical changes brought by the Hindu Succession (Amendment) Act, 2005, which granted daughters equal coparcenary rights with
IJLLR Journal
Nov 201 min read
Environmental And Biological Perspectives On Contractual Validity: A Study Of Section 23 Of The Indian Contract Act And The Biological Diversity Act, 2002
R. Afrin Jakhan, LLB (Hons), Chettinad Academy of Research and Education, Kelambakkam, Chennai ABSTRACT The important concerns regarding the legality and enforceability of contracts involving the use and exploitation of biological resources when contract law and environmental legislation come into conflict. This research analyses the relationship between the Biological Diversity Act of 2002, and Section 23 of the Indian Contract Act of 1872, in order to investigate the biolog
IJLLR Journal
Nov 201 min read
The Abrogation Of Article 370: Reassessing India’s Model Of Asymmetrical Federalism
Riddhi Gupta, LLM, Amity Law School, Amity University, Noida ABSTRACT Article 370, which was crafted as a constitutional device in order to address the unique accession of Jammu and Kashmir to the Indian Union in 1947, embodied a distinctive kind of asymmetry within India’s federal structure. Though it was labelled as a “temporary provision”, it evolved into a symbol of autonomy and a means for managing diversity. The constitutional arrangement took a decisive turn in August
IJLLR Journal
Nov 201 min read
Beyond The Crown: Britain’s Constitutional Imprint On America’s Separation Of Powers
Asst. Prof. Tabassum Sultana, CMR University School of Legal Studies Anoushka Girish, CMR University School of Legal Studies ABSTRACT The doctrine of separation of powers, most notably articulated by Montesquieu in De l’Esprit des Lois (1748), finds its origins in the gradual constitutional evolution of Britain, though it was more rigidly institutionalised in the United States. This paper traces how centuries of English constitutional struggle from the Magna Carta (1215) to t
IJLLR Journal
Nov 201 min read
Dissolution Of Islamic Marriages In Tanzania: Do Muslim Husbands Take Pace With The Statutory Law?
By Abdulrahman O.J. Kaniki, Senior Lecturer and Dean, Faculty of Law, Catholic University of Mbeya, Tanzania. https://orcid.org/0000-0001-8552-9111 ABSTRACT This paper analyses the legal and institutional framework related to dissolution of Islamic marriages in Tanzania. The paper gives a brief historical perspective on status and application of Islamic law on domestic relations aspects in the country. Despite the independence, colonial influence was still felt, given the fac
IJLLR Journal
Nov 162 min read
Evolving Dynamics Of Mergers And Acquisitions In India: Legal Reforms, Regulatory Shifts, And Future Pathways
Mahalakshmi, Presidency University ABSTRACT Mergers and Acquisitions (M&A) have become an indispensable component of modern business strategy, serving as a catalyst for growth, innovation, and market expansion. In the Indian context, the past decade has marked a profound transformation in the M&A landscape, driven by both economic liberalization and legislative modernization. The convergence of regulatory oversight by the Ministry of Corporate Affairs (MCA), the Competition C
IJLLR Journal
Nov 162 min read
Interplay Between Acquittal In Predicate Offences And PMLA Prosecutions: Post-Vijay Madanlal Chaudhary Analysis
Diksha, B.A. LL.B. (Hons), Vivekananda Institute of Professional Studies – Technical Campus, GGSIPU ABSTRACT The Prevention of Money Laundering Act, 2002 gives a complicated connection between underlying crimes and prosecutions for money laundering. Subsequently to the Supreme Court's decision in Vijay Madanlal Choudhary , which determined that an individual who has been finally absolved either by discharge, acquittal, or quashing cannot be subjected to PMLA actions, High Cou
IJLLR Journal
Nov 161 min read
Economic Offences Under The Bharatiya Nyaya Sanhita
Aditya Goswami, IILM University Mr. Paras Yadav, Assistant Professor, IILM University ABSTRACT The Bharatiya Nyaya Sanhita, 2023 (BNS) transforms India in terms of criminal law, particularly the treatment of economic crime. The BNS replaces the colonial Indian Penal Code of 1860 and establishes a contemporary and holistic system to cope with such white-collar and financial crimes as forgery, counterfeiting, hawala transactions, and organised financial fraud. This paper conduc
IJLLR Journal
Nov 162 min read
Balancing Liberty & Restriction: Constitutional Evolution Of Free Speech In India
Kishore Kulkarni, B.A. LL.B., Sri Jagadguru Renukacharya College of Law, Bangalore * “To say that restraints on freedom of speech and expression are permissible under our constitution is not to say that any particular restraint is desirable or ought to be imposed” -H.M. Seervai Throughout India’s freedom struggle there was a persistent demand for a written Bill of Rights for the people of India which included guarantee of free speech. Understandably, the Founding Fathers of t
IJLLR Journal
Nov 161 min read
Judicial Deference To Administrative Expertise: Balance Between Law And Policy
Nagalakshmi R, B.Sc . LL.B. (Hons.), Ramaiah University of Applied Sciences, School of Law, Bengaluru ABSTRACT Administrative decision-making in India has become more complex as regulatory organisations, specialised agencies, and policy-driven governance have grown in number. The court, as the custodian of constitutional law, is frequently faced with the difficult task of assessing how much it should intervene in administrative operations requiring technical or policy knowled
IJLLR Journal
Nov 161 min read
Marital Rape: A Legal Dilemma
Ananya H.R, B.A. LL.B. (Hons), JSS Law College, Autonomous, Mysuru, Karnataka. ABSTRACT This article provides a comprehensive insight into the complexities and implications of marital rape exceptions. The topic of marital rape has been a long-debated issue in legal and social circumstances, which are identified by a historic precedent that often said that consent for sexual intercourse lies within the marriage contract. Women in society play a vital role; it is difficult to i
IJLLR Journal
Nov 161 min read
European Works Councils: Development, Reform, And Ireland’s Emerging Role
Tadgh Quill-Manley, Student at King ’ s Inns, ‘Glenwood,’ Cork, Ireland ABSTRACT This article examines the development of European Works Councils (EWCs) from their creation under Directive 94/45/EC through to current reform debates, situating Ireland at the centre of post-Brexit developments. It argues that while the European Union has progressively expanded employee- consultation rights, EWCs face profound structural challenges arising from digitalisation, platform work, and
IJLLR Journal
Nov 162 min read
From Punishment To Reformation: Evaluating The Impact Of Community Service Under The Bharatiya Nyaya Sanhita, 2023
Ms. Palak Jha, B.A. LL.B. (Hons.), IILM University, Greater Noida Mr. Paras Yadav, Assistant Professor, IILM University, Greater Noida ABSTRACT The Bharatiya Nyaya Sanhita, 2023 (BNS)1, represents a paradigmatic reorientation of Indian criminal jurisprudence, marking the formal conclusion of a colonial legal legacy that persisted for more than 160 years under the Indian Penal Code, 18602. Through the incorporation of reformative elements such as community service, the BNS red
IJLLR Journal
Nov 161 min read
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