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Beyond The Binary: The Psycho-Legal Paradox Of Codifying Consent
Shivesh Mishra, B.A. LL.B. (Hons.), Mahindra University, Hyderabad (School of Law) ABSTRACT The legal system, in its demand for adjudicative certainty, has reduced consent to a binary proposition: it either exists, or it does not. The transition from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS) marks a shift in Indian criminal jurisprudence, yet the fundamental legal understanding of sexual consent remains deeply entrenched in a traditional and binary fram
IJLLR Journal
May 171 min read
Environmental Justice In India Through The Lens Of The Constitution
Taanvia Jahan, Amity Law School Noida, Amity University Uttar Pradesh Dr. Bhavna Batra, Amity Law School Noida, Amity University Uttar Pradesh ABSTRACT In India, environmental justice is the meeting point of social justice and ecological sustainability. In order to ensure that no group especially the marginalized is disproportionately impacted by environmental harm, it refers to the equitable distribution of environmental benefits and burdens among all communities. Despite no
IJLLR Journal
May 172 min read
Ad-Hoc Arbitration In International Commercial Transactions: An Analysis Of Legal Principles, Execution Issues, And Emerging Reforms In The Asia-Pacific Region
Pallavi Raj, Amity University Noida 1. Introduction “Arbitration is the means by which business men settle disputes among themselves.” - Lord Mustill International commercial transactions have expanded rapidly in the contemporary global economy, resulting in a corresponding increase in cross-border commercial disputes involving multinational corporations, foreign investors, state entities, and private commercial enterprises. In such circumstances, traditional litigation befor
IJLLR Journal
May 171 min read
Employer Flexibility Versus Worker Protection: A Critical Analysis Of The Industrial Relations Code, 2020
Atul Kumar Kharwar, Research Scholar, Department of Law, Central University of Punjab, Bathinda, Punjab Dr. Ravinder Kaur, Assistant Professor, Department of Law, Central University of Punjab, Bathinda, Punjab ABSTRACT In India, the labour reform has been done by consolidating 29 laws into four new labour Codes. The purpose of these reforms is to simplify regulations, promote businesses, and create more jobs and also to provide protection of employment to workers. However, a
IJLLR Journal
May 171 min read
Constitutional Silence And The Nomadic Question: A Critical Inquiry Into The Human Rights Of Nomadic And Denotified Communities In India
Tamizhkavi. B.V., LL.M, Ph.D., Research Scholar, The Tamil Nadu Dr Ambedkar Law University, Chennai Madhumitha. E, B.A, LL.B., Erode College of Law INTRODUCTION: Denotified, Nomadic and Semi-Nomadic Tribes (DNT/NT/SNTs) are among the most marginalised communities in India. The Renke Commission estimated that these communities constitute nearly 10% of India’s population, comprising around 10–12 crore people, with more than 1,200 DNT/NT/SNT groups officially identified. Histori
IJLLR Journal
May 172 min read
Under Trial Prisoners And The Criminal Justice System
Gurneet Kaur, Research Scholar, University School of Law, Sri Guru Granth Sahib World University, Fatehgarh Sahib. Dr. Supinder Kaur, Assistant Professor, University School of Law, Sri Guru Granth Sahib World University, Fatehgarh Sahib. INTRODUCTION Under-trial prisoners constitute a significant majority of the prison population (75.8%). All the 4,34,302 out of 5,73,220 persons who are within prisons as under-trials are deemed to be innocent in the eyes of the law. How can a
IJLLR Journal
May 172 min read
Justice In Headlines: The Dark Side Of Media Trials
Tamizhkavi. B.V, LL.M, Ph.D., Research Scholar, The Tamil Nadu Dr Ambedkar Law University, Chennai Madhumitha. E, B.A, LL.B., Erode College of Law INTRODUCTION: In a democratic society, the media plays a crucial role as the “fourth pillar” by informing the public, creating awareness, and acting as a watchdog over the functioning of the State. However, in recent times, the role of the media has expanded beyond reporting facts to influencing public perception of ongoing crimina
IJLLR Journal
May 172 min read
Sociological Jurisprudence In India Through The Lens Of Roscoe Pound: The Olga Tellis Case And Beyond
Ananya Das, National Law University and Judicial Academy, Assam ABSTRACT This paper critically examines the use of sociological jurisprudence within Indian constitutional adjudication, with particular focus on Roscoe Pound’s theory of Social Engineering as its central theoretical framework. Sociological jurisprudence, which advocates that law must respond to the social, economic, and political conditions of the time, has significantly influenced the Indian judiciary’s interpr
IJLLR Journal
May 171 min read
The Illusion Of Stakeholder Protection Under S. 166 Of The Companies Act, 2013: A Critical Analysis
Zzhara Batra, O.P Jindal Global University ABSTRACT This paper critically examines Section 166(2) of the Companies Act, 2013 arguing that while prima-facie, the section seems to adopt a stakeholder- inclusive framework, it ultimately perpetuates shareholder primacy. By analyzing legislative history, comparative law and literature, this paper demonstrably showcases how section 166(2)’s pluralist language is weakened by its four structural failures: the absence of hierarchy of
IJLLR Journal
May 171 min read
Balancing National Security With Human Rights
Siddharth Abhishek, National Law University Odisha Gracy Tanwar, National Law University Odisha ABSTRACT This paper argues that in the rush to respond to the 9/11 attacks, countries around the world created a new security playbook that has consistently valued a vague idea of 'national security' over the clear, written rules of international human rights. By looking at the laws passed in the United States, the UK, and India, I'll show a disturbing pattern. Governments have giv
IJLLR Journal
May 171 min read
Terrorism: Growing Challenges And Implications Worldwide
Siddharth Abhishek, National Law University Odisha Gracy Tanwar, National Law University Odisha INTRODUCTION Terrorism is among the most significant and complex challenges of the modern world. It compromises states' sovereign authority, destabilises social and political systems, and pressures both national and international legal systems1. In modern times, terrorism has grown increasingly global and transnational in nature due to advancements in technology, global travel, and
IJLLR Journal
May 172 min read
Seat Of Arbitration Vs Venue Of Arbitration: Jurisdictional Confusion In International Commercial Arbitration
Gracy Tanwar, National Law University Odisha ABSTRACT Arbitration has become more and more popular as a method to settle international commercial disputes due to the fact that it is neutral, has flexible procedures and the enforcement of the arbitral awards in various jurisdictions is less complicated.1 In this context, the seat and venue of arbitration is a vital factor used in determining the legal basis of arbitral proceedings. The seat is the seat of the juridical seat of
IJLLR Journal
May 172 min read
Sentencing In Rape Cases – A Comparison Of Judicial Response In India And The US
Siddharth Abhishek, National Law University Odisha Gracy Tanwar, National Law University Odisha INTRODUCTION: Rape is commonly accepted as one of the most grievous breaches of human honour and personal autonomy. In addition to the immediate physical assault, it can leave profound psychological harm to the survivor, which can influence their entire social and emotional spectrum. The impact of rape perpetrates further than the individual survivor, as it creates and reaffirms ge
IJLLR Journal
May 171 min read
Freedom Of Speech And Expression: A Right With Responsibilities
Nidhi Rathi, Research Scholar, Indira Gandhi University, Meerpur Haryana, India. “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” - Universal Declaration of Human Rights, Article 19 ABSTRACT The freedom of speech and expression is universally recognised as a basic human right and a cornerstone of d
IJLLR Journal
May 172 min read
International Commercial Arbitration: Comparative Perspectives From India And The United Kingdom
Divyanka Trivedi, Amity University, Uttar Pradesh ABSTRACT In this dissertation, there will be a critical assessment of the development and emergence of international commercial arbitration (ICA) in India and a comparative evaluation of ICA in India and the United Kingdom. In order to understand the importance of international commercial arbitration, it can be stated that it can play an important role in the resolution of international commercial disputes because the process
IJLLR Journal
May 171 min read
The Limits Of Collective Litigation: A Comparative Study Of Class Action Regimes Beyond The United States
Blessy Gethzia J, Presidency University Manna Susan George, Presidency University ABSTRACT The notion of Class Action Suits is not something that is uncommon in the legal system, yet when it comes to the world of Corporate Transactions and Due diligence, it is the least executed. Although, there might be various internal reasons for the non-execution of the class action suit, this paper delves into the limitation on requirements of the class action suit itself which, in retur
IJLLR Journal
May 171 min read
Cross-Border Insolvency: The Need For A Comprehensive Indian Framework
Amna Ansari, United University, Prayagraj, Uttar Pradesh, India ABSTRACT The intensification of global trade and the proliferation of multinational enterprises have rendered cross-border insolvency a critical concern for sovereign states and international investors alike. India, despite enacting the landmark Insolvency and Bankruptcy Code, 2016 (hereinafter referred as IBC), continues to rely on a fragmented and largely inoperative legal architecture for addressing insolvenci
IJLLR Journal
May 172 min read
Honors, Shame And Silence: Structural Inequalities, Cultural Norms, And The Normalisation Of Violence Against Women Leading To Femicide In Nigeria
Netochukwu Nzewi-Okoye, LLB, BL, & LLM Chisom O. Nzewi, BA Psychology, MA Addiction Studies, MA Counselling and Psychology ABSTRACT Femicide in Nigeria persists as a grave crisis despite the enactment of the Violence Against Persons (Prohibition) Act (VAPP) in 2015, widely regarded as the most comprehensive gender-based violence legislation in sub-Saharan Africa. This paper argues that femicide cannot be adequately understood through individualised frameworks that pathologise
IJLLR Journal
May 172 min read
From Territorial To Digital Control: Tribal Self-Governance Under The Indian Constitutional Framework
Arifa Sultana Choudhury, Assistant Professor, School of Law, Dayananda Sagar University Nithin Rajeev, Assistant Professor, School of Law, Dayananda Sagar University ABSTRACT The constitutional provisions under the Fifth and Sixth Schedules, alongside Article 244 and legislations such as the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and the Forest Rights Act, 2006 (FRA), create a distinct governance architecture for India’s tribal regions. Central to this
IJLLR Journal
May 171 min read
The Competition Commission Of India's Role In Preventing Cartelization: Challenges And Effectiveness
Dr. Roopam Bundela, Gyanveer University Sagar ABSTRACT Cartelization, often referred to as the most egregious form of anti- competitive conduct, undermines market efficiency, restricts consumer choice, and inflates prices. In India, the Competition Commission of India (CCI), established under the Competition Act, 2002, serves as the primary regulatory body to detect, investigate, and penalise cartel behaviour. This research critically examines the role of the CCI in combating
IJLLR Journal
May 151 min read
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