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Judicial Remedies And Constitutional Safeguards For Victims Of Wrongful Conviction In India: An Analysis
Bhawana Pegu, School of Law (Christ Deemed to be University) ABSTRACT Wrongful convictions represent one of the gravest miscarriages of justice, violating fundamental rights guaranteed under Articles 20, 21, and 22 of the Indian Constitution. This paper critically examines the existing judicial remedies and constitutional safeguards available to victims of wrongful conviction in India. It analyses landmark judgments from Rudal Sah (1983) to the latest 2024–2025 decisions of t
IJLLR Journal
Feb 112 min read
From Fragmentation To Framework: Evaluating The IBC’s Integration Of India’s Insolvency And Financial Laws
Riddhiman Mukherjee, NALSAR University of Law Shailja Jha, NALSAR University of Law ABSTRACT The advent of the Insolvency and Bankruptcy Code, 2016 (IBC), has brought together India's segregated insolvency and financial regulatory system. Pre- IBC, there were several statutes, including the Recovery of Debts Due to Banks and Financial Institutions ` Act 1993 (DRT Act), the Companies Act 1956 and 2013, the SARFAESI Act, and the SICA Act (Sick Industrial Companies Act 1985). Th
IJLLR Journal
Feb 111 min read
Plea Bargaining In India And The United States: A Comparative Criminal Justice Study
Muskan Sihag, LLM (Constitutional Law) III Semester, Sangam University Bhilwara ABSTRACT Plea bargaining has surfaced as a significant mechanism within modern criminal justice systems to address concerns of delay, backlog of cases and resource constraints. While it has long been an integral feature of the United States criminal justice system, its introduction into the Indian legal framework through the Criminal Law (Amendment) Act, 2005 marked a notable shift from the tradit
IJLLR Journal
Feb 111 min read
Digital Arrest: A Study Of A Rising Organised Offence Occurring In Indian Cyberspace
Mrinmoy Roy, LL.M., Department of Law, University of North Bengal. Arindam Dey, LL.M, Department of Law, University of North Bengal. ABSTRACT: The digital revolution has transformed every aspect of contemporary society, from financial transactions and work to socialising and governance. India emerging as a digital economy in the globe, reliance on digital systems has surged. However, alongside these developments, cybercrime has developed into a corresponding threat that uses
IJLLR Journal
Feb 112 min read
The Long Arm Of The Law Or The Heavy Hand Of Power?
Hansin Kapoor, B.A. (Hons.) Criminology & Criminal Justice, Jindal Global Law School, O.P. Jindal Global University ABSTRACT This research essay critically examines the persistent tension between police investigative powers and individual human rights within the Indian criminal justice system. Rooted in colonial legal architecture, particularly the Police Act of 1861 and the Criminal Procedure Code, Indian policing continues to privilege control, coercion, and executive discr
IJLLR Journal
Feb 111 min read
Assessing Victimological Paradigm Shifts In India’s New Criminal Jurisprudence
Asim Mujtaba Dar, LL.M Scholar, Department of Law, School of Legal Studies, Central University of Kashmir. Rahil Amin Mir, LL.M Scholar, Department of Law, School of Legal Studies, Central University of Kashmir. ABSTRACT The earlier criminal justice system was based on the principle “it is better to free ten guilty men than convicting one innocent man” and the guilt was to be proven “beyond the reasonable doubt “that sometimes could favor the accused. However, by the rulings
IJLLR Journal
Feb 111 min read
The Uniform Civil Code In India: A Constitutional Ideal Or A Social Dilemma
Dr. Himavathi T (Senior Assistant Professor), ICFAI University - School of Law, Hyderabad. Bhukya Uday Kumar (Ph.D. Candidate), ICFAI University - School of Law, Hyderabad. Chandupatla Saritha Reddy (Ph.D. Candidate), ICFAI University - School of Law, Hyderabad. ABSTRACT The Uniform Civil Code (UCC) in India remains a subject of intense debate, oscillating between being hailed as a constitutional necessity and criticized as a threat to cultural pluralism. Envisioned in Articl
IJLLR Journal
Feb 111 min read
Corporate Preference For Arbitration Over Litigation In Commercial Disputes: A Strategic Legal And Practical Analysis
Rishav Thakur, B.A. LL.B. (Hons.), ICFAI University Dehradun ABSTRACT In today’s world commercial disputes are very common, especially due to globalization and the increased complexity of contracts. Although litigation remains a good option for resolving disputes, it may not be the most effective option for businesses especially when it comes to getting a quick resolution, maintaining confidentiality, and being sure about the outcome. As a result, many businesses are now opti
IJLLR Journal
Feb 111 min read
Revisiting The Judgement Of NALSA V. Union Of India: A Case Analysis
Ishrita Tanvi, Symbiosis Law School, Noida ABSTRACT This paper revisits the landmark case of National Legal Services Authority (NALSA) v. Union of India, decided by the division bench of the Supreme Court comprising K.S. Radhakrishnan & A.K. Sikri on April 15, 2014. This judgment was progressive in many ways as it recognised the transgender community as the ‘third gender’ and became the first judgment to recognise and uphold the right of transgender persons in India, after ye
IJLLR Journal
Feb 111 min read
When Reality Breaks: Deepfakes, Defamation, Fraud, And The Unravelling Of Personality Rights In India’s Regulatory Dark Zone
Kavya Sharma, KPMSOL NMIMS School of Law, Mumbai Anubhav Sharma, KPMSOL NMIMS School of Law, Mumbai ABSTRACT Deepfakes pose significant challenges to misinformation and societal norms like truth and trust in India. The cultural emphasis on honor and reputation makes the population particularly sensitive to the negative impacts of deepfakes, which have led to defamation, financial fraud, scams, and heightened rates of suicide and violence, especially against women and certain
IJLLR Journal
Feb 111 min read
Interface Between Intellectual Property Rights And Human Rights: A Legal Analysis
Trishla Dwivedi, Babasaheb Bhimrao Ambedkar University ABSTRACT The evolution of Intellectual Property Rights (IPR) and Human Rights signifies two powerful yet frequently intersecting and conflicting dimensions of contemporary legal systems. Intellectual Property Rights are designed to safeguard the moral and economic interests of creators, inventors, and innovators by granting exclusive rights over their creations and inventions. In contrast, Human Rights are aimed at guaran
IJLLR Journal
Feb 112 min read
Retention Of Educational Certificates In Employment Relationships: An Analytical Study Of Labour Rights And Contractual Practices In India
Yashwont Kiran S, Assistant Professor of Law, St. Joseph’s College of Law, Bengaluru ABSTRACT The retention of original educational certificates by employers has become a prevalent practice in Indian employment relationships, particularly in the private sector. While often justified as a means to ensure employee compliance with notice periods or organizational interests, this practice raises significant concerns regarding labour rights, contractual fairness, and constitutiona
IJLLR Journal
Feb 111 min read
Law And Ethics In Medical Practice: A Critical Medico-Legal Analysis
Sornalakshmi VS, The Tamil Nadu Dr. Ambedkar Law University ABSTRACT Both a moral and legal framework are meant to safeguard patients’ welfare and to moderate professional behaviour. Ethics in medicine supplies moral guidance for practice, one rooted in principles such as respect for human dignity, patient autonomy, beneficence, non-maleficence and justice. In contrast, law imposes enforceable duties through statutes, judicial precedents and regulatory mechanisms. Over the ye
IJLLR Journal
Feb 112 min read
Delay In Justice And Its Impact On Victims: A Critical Socio-Legal Analysis
Sornalakshmi VS, The Tamil Nadu Dr. Ambedkar Law University ABSTRACT The delay in the process of justice has become one of the most serious socio- legal issues that has its effect on the credibility of the legal system of India. The criminal justice system has a role to play in rendering quick help, to protect and to make sure that victims are fully held accountable for when they bring them to the justice system in search of respect of dignity and security. But the fact that
IJLLR Journal
Feb 112 min read
Pithampur Toxic Legacy: Evaluating Environmental Law Violations And Health Impacts
Mr. Nitesh Bhopte, Assistant Professor, Sage University Indore 1. ABSTRACT Pithampur, one of Madhya Pradesh’s most prominent industrial hubs since the 1980s, has evolved into a critical case study of environmental degradation and public health risk arising from industrial mismanagement. This research critically evaluates the environmental law violations and associated health impacts in Pithampur, particularly in the context of the controversial incineration of toxic Union Car
IJLLR Journal
Feb 111 min read
Conditional Liberty: Parole In The Indian Criminal Justice System
Priyanka Pandey, Dr Ram Manohar Lohia National Law University Introduction India’s criminal justice system, similar to many other legal systems around the world, has its challenges in deciding the right mix of punishment and offender rehabilitation (Ghosh, 2008). Inside that circle, parole and probation stand out as two important tools that are used mainly to help prisoners who have been convicted of crimes to become law, abiding members of society again. Besides, these tools
IJLLR Journal
Feb 92 min read
Traditional Knowledge Under IPR Regime
Thanusri G, The National University of Advanced Legal Studies ABSTRACT Traditional knowledge forms an important part of the wisdom, practices, and innovations of indigenous and local communities, developed and preserved over generations. However, the modern intellectual property rights regime often struggles to protect such knowledge, leading to biopiracy or misappropriation. This paper examines the relationship between traditional knowledge and intellectual property law, exp
IJLLR Journal
Feb 91 min read
Digital Governance And Artificial Intelligence
Nithya Prakash D, Presidency University, Bangalore Hiranya R, Presidency University, Bangalore ABSTRACT In today's rapidly developing world, the volatility, uncertainty, complexity and ambiguity (VUCA), stands as a transformational force with the power to bring revolution in the regime. India, a nation with unique diversity and immense capacity, finds itself at an important intersection, where leveraging AI can catalyse change from traditional bureaucracy regime for a future
IJLLR Journal
Feb 92 min read
Public Interest Litigation: Constitutional Validity And Its Misuse
Sonu Priya, Shambhunath Institute of Law, Prayagaraj 1. INTRODUCTION Lest the “golden key to unlock the doors of injustice” remain only hand of wealthy, the supreme court of India invented the idea of Public Interest Litigation, opening the doors of court to the common person. PIL is a legal mechanism that allows citizens to seek justice for social causes that affect the public interest. It empowers individuals or organizations to approach the courts on behalf of disadvantage
IJLLR Journal
Feb 92 min read
Analysis Of Article VI Of GATT And WTO Anti- Dumping Agreement: An Indian Perspective
Basavaprabhu Rampur, School of Law, Christ (Deemed to be University). Bengaluru ABSTRACT This comprehensive research paper examines Article VI of the General Agreement on Tariffs and Trade (GATT) 1994 and the WTO Agreement on Implementation of Article VI (Anti-Dumping Agreement or ADA) from an Indian legal and policy perspective, analyzing their implementation, constitutional framework, and effectiveness in protecting domestic industries against unfair trade practices. The st
IJLLR Journal
Feb 92 min read
The Role Of Intellectual Property In Business Innovation And Competition
Aditya Agrawal, Bharati Vidyapeeth (Deemed to be University), New Law College, Pune Keshav Kedia, Bharati Vidyapeeth (Deemed to be University), New Law College, Pune ABSTRACT Intellectual Property (IP) rights are a major part of the innovation policy framework. They aim to allow inventors, creators, and businesses to make a profit from their ideas and intellectual works. IP systems that give a temporary monopoly over the use and marketing of inventions, brands, paintings, and
IJLLR Journal
Feb 91 min read
Conflict Between Coastal State And Flag State Jurisdiction
Srikanth A, Gujarat Maritime University I. INTRODUCTION The coastal state has the right to exercise authority over its internal and territorial waters and can formulate legislations pertaining to the safety, environment and security of their maritime boundaries. On the other side, the flag state has the regulatory control over the ship which bears the flag of the concerned flag state and it has the exclusive rights pertaining to the high seas and it has to make sure that the
IJLLR Journal
Feb 92 min read
From Victims To Victors: Odyssey Of Indigenous Communities In Climate Change Through Traditional Knowledge
Vedant Nandkumar Wadshingkar, BA LLB, Government Law College, Mumbai Utkarsh N. Patil, Government Law College, Mumbai ABSTRACT With each passing day, the impact of climate change has become more pronounced. Rare natural disasters are now the new normal of life. Such disasters have only exacerbated the disparity, with those who have the least liability suffering the most. Indigenous & tribal communities' reliance on nature has metamorphosed them from being vulnerable to being
IJLLR Journal
Feb 92 min read
Dividing Power, Defining Federalism: Rethinking The Seventh Schedule
Naga Suganeswar N, Christ University, Pune Lavasa Campus ABSTRACT The Indian Constitution's Seventh Schedule establishes India's federal framework through its distribution of legislative authority among three categories which include the Union List which hold 97 subjects, State List which hold 66 subjects and the Concurrent List with 47 subjects respectively in it. The study evaluates how these legal boundaries create federal relations but create conflicts and uncertainties b
IJLLR Journal
Feb 91 min read
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