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Decolonizing India’s Penal Philosophy: From Dand To Nyaya - Reform Or Repackaged IPC?
Deepshitha S R, LLM, Government Law College, Villupuram ABSTRACT India’s criminal justice system has historically been governed by the Indian Penal Code, 1860 (IPC), a colonial legislation designed primarily to maintain imperial control rather than to deliver substantive justice. From “Dand (Punishment ) to Nyaya (Justice )” reflects India's move from the colonial Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), aiming to decolonize criminal law by replacing Brit
IJLLR Journal
Sep 82 min read
Life, Liberty And The End Of Pain: Passive Euthanasia On Trial
Sajal Veer, BA LLB (Hons.), Chanakya National Law University ABSTRACT Every individual in India has the right to life and personal liberty, and their life cannot be taken away except in accordance with the prescribed legal procedure. As one of the fundamental rights, Article 21 of the Indian Constitution guarantees the protection of life and personal liberty of the individual and ensures certain legal safeguards against arbitrary deprivation of life and liberty. But sometimes
IJLLR Journal
Sep 81 min read
A Comparative Study On Abuse And Maintenance Rights Of Elderly Persons
Muskaan Shafi & Dr Nayeem Ahmed Bhat ABSTRACT This study attempts to examine the growing elderly population around the world and the increasing problem of elder abuse, neglect, and financial exploitation. It explains the different forms of elder abuse, including physical, emotional, financial, and neglectful treatment. It also identifies major causes such as caregiver stress, conflicts between generations, and pressure to give away property or assets. The study traces how the
IJLLR Journal
Sep 81 min read
The Illusion Of Neutrality: How ‘Objective’ Algorithms Perpetuate Discrimination
Dishi, BBA LLB, Symbiosis Law School, Pune Introduction In 1936, the mathematician Alan Turing specified algorithms as determinate sequences of computational steps, mechanical procedures that progress toward logical conclusions with mathematical exactitude, insulated from subjective human judgment. This foundational characterization positioned algorithms as instruments of pure rationality, detached from the social contexts in which they would later operate. For decades, Weste
IJLLR Journal
Sep 82 min read
Anti-Conversion Laws And The Right To Marry By Choice: Individual Autonomy, Religious Freedom And State Regulation
Avanish Kumar, Research Scholar, Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh, India ABSTRACT The right to choose a life partner constitutes an important dimension of individual autonomy, dignity, privacy and personal liberty under the Indian constitutional framework. The issue assumes particular significance in the context of interfaith marriages, especially where one of the parties voluntarily changes religion before or after marriage. Several Indian States
IJLLR Journal
Sep 81 min read
Judicial Intervention In India’s Student Suicide Crisis
Nabiha Ansari, University Institute of Legal Studies ABSTRACT The landmark judgment in Sukdeb Saha v. State of Andhra Pradesh (2025) marks a transformative shift in Indian jurisprudence by elevating student mental health from a statutory provision to a Fundamental Right under Article 21 of the Constitution. Prompted by the tragic death of a 17-year-old NEET aspirant and the broader "suicide epidemic" claiming over 13,000 student lives annually, the Supreme Court moved beyond
IJLLR Journal
Sep 81 min read
Rethinking Imprisonment In India: Prison Overcrowding, Punishment And The Quest For Effective Rehabilitation
Shahid Ahmad Syed Bukhari & Rabiya Rashid ABSTRACT Prison overcrowding is a persistent challenge to India’s criminal justice system, raising concerns about the effectiveness of imprisonment, prison administration, and constitutional rights. This research examines the causes, consequences, and legal implications of overcrowding, particularly its impact on deterrence, rehabilitation, reformation, and social reintegration. Judicial delays, prolonged pre-trial detention, difficul
IJLLR Journal
Sep 81 min read
Apportioning Of Joint Authorship In Copyright
Aunshuman Pramanik ABSTRACT Intellectual Property rights are exclusive in nature. So, all the authors have right to exclude others, enjoy monopoly and claim copyright in their work. Similarly, each co-author can claim copyright over the joint work. Based upon the contributions and other factors co-authors can claim copyright over the joint works. This paper deals how to apportion or identify the shares of claim of each co-authors. The analysis of Equal Division rule and appor
IJLLR Journal
Sep 71 min read
The Contingent Foundations Of Finality: A Critical Analysis Of The Enforcement Period Framework For Bank Guarantees Under Section 28 Of The Indian Contract Act, 1872
Rachit Shukla, SVKM’S NMIMS Kirit P Mehta School of Law, Bengaluru ABSTRACT Indian banking law has a complicated relationship with time. How long can a bank be held liable under a guarantee? Who gets to decide when that liability ends? These questions have produced decades of judicial back-and- forth, legislative fixes, and commercial frustration, and Section 28 of the Indian Contract Act, 1872 sits right at the middle of it. The provision was meant to stop powerful contracti
IJLLR Journal
Sep 72 min read
Evolution Of Property Rights: Article 300A
Sattyanshi Patial, BA LLB,University Institute of Legal Studies, Panjab University, Chandigarh There is nothing which strikes the imagination and engages the attention of mankind as the right of property. “It is that sole dominion in which one man claims and exercises over the external things of the world”, wrote William Blackstone. Yet in the constitutional framework of India, this sole dominion has undergone a radical structural change. Property is defined not just as a phy
IJLLR Journal
Sep 72 min read
The Digital Divide Vs Digital Justice: A Socio- Legal Investigation Towards Inclusivity Of Online Dispute Resolution
Rudrabhan Singh, Ph.D. Scholar and Senior Research Fellow, Ram Manohar Lohiya National Law University, Lucknow. Dr. Ankita Yadav, Assistant Professor, Ram Manohar Lohiya National Law University, Lucknow. ABSTRACT The growing prevalence of Online Dispute Resolution (ODR) as a modality of adjudication and settlement has generated significant legal and socio- political debate. While ODR holds the promise of democratizing access to justice by removing geographic, temporal, and in
IJLLR Journal
Sep 71 min read
The Global Landscape Of Sports In Intellectual Property Rights
Tanveen Kaur, University of Delhi Introduction Intellectual Property Rights (“IPR”) play a crucial role in contemporary sports leagues, as all stakeholders can gain from the protection of intangible assets. Key elements of IPR relevant to the Indian Premier League (“IPL”) and other sports leagues include team names and logos, broadcasting content, player rights, and innovations. To effectively leverage intellectual property for financial gain and understand its potential impl
IJLLR Journal
Sep 72 min read
Case Note: Judgment Of The Kerala High Court In Aayisha Muhsin Case
Diyana Suha A, The Kerala Law Academy Law College, Thiruvananthapuram By the judgment dated January 5th 2026, the High Court of Kerala, in the case of Aayisha Muhsin v. Principal Secretary, issued a decision addressing the question of whether, and on what basis, a marriage certificate issued under the Kerala Registration of Marriage (Common) Rules, 2008 and the Special Marriage Act, 1954 can be altered to demonstrate a spouse’s name change post-marriage. The petitioner, who w
IJLLR Journal
Sep 72 min read
Deepfake Crimes Against Women In India: Towards A Victim-Centric Framework Of Criminal Liability, Digital Dignity And Platform Accountability
Dr. Cumaran Nadaradjan, B.A. LL.B., LL.M., Ph.D. (Law) Advocate, Bar Council of Delhi ORCID iD: 0009-0005-7135-6543 ABSTRACT Generative artificial intelligence has transformed the architecture of technology-facilitated abuse against women. A perpetrator no longer requires possession of an authentic intimate photograph or recording to manufacture sexual humiliation, reputational injury or coercive control. Publicly available photographs, fragments of video and samples of speec
IJLLR Journal
Sep 72 min read
Shaping The Indian Constitution: An Analytical Study Of Landmark Judicial Interpretations
Jigyasa Verma, University of Allahabad ABSTRACT Indian Constitution’s deliberately broad, open‐textured language has enabled the Supreme Court to act as a dynamic interpreter rather than a mechanical umpire, progressively expanding and concretising fundamental rights and structural principles. On this basis, the Court has read Article 21 to include a wide cluster of dignity‐enhancing rights—such as livelihood, privacy, clean environment, and gender justice—transforming a narr
IJLLR Journal
Sep 51 min read
A Critical Analysis Of Grounds For Disposal Of Bail Applications In The Juvenile Justice System Of India
Sanidhya Kashyap, Advocate & Independent Legal Researcher, Ranchi, India. Prerna Lakra, Advocate & Independent Legal Researcher, Ranchi, India ABSTRACT Bail under the juvenile justice framework in India operates on a fundamentally different footing from bail in the ordinary criminal justice system. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 adopts a statutory presumption in favour of release of a child in conflict with law, irrespective of
IJLLR Journal
Sep 52 min read
Artificial Intelligence And Personal Data: Reassessing The Digital Personal Data Protection Framework In India
Preeti, LLM, Amity University, Gurugram ABSTRACT However, Artificial Intelligence (AI) is changing the way personal data is collected, inferred, aggregated and reused, which is threatening fundamental data protection and privacy principles and calls for a re-thinking of the Indian Digital Personal Data Protection (DPDP) regime. The objective of this study was to understand the correlation between AI and personal data processing in India, delineate privacy risks and challenges
IJLLR Journal
Sep 42 min read
Innovation V. Antitrust: The Antitrust-Patent Interface
Kanta Krishna, B.A. LL.B., NMIMS Kiri P. Mehta School of Law Tanvi Mehta, B.A LL.B., NMIMS Kiri P. Mehta School of Law ABSTRACT Antitrust laws and intellectual property rights have often been perceived as conflicting, due to their opposing objectives. On one hand, antitrust laws aim to limit concentration of economic power and foster fair competition. Whereas, IPR laws grant exclusivity to further innovation. However, both ultimately serve the same goal which is enhancing con
IJLLR Journal
Sep 41 min read
Hurdles In Compulsory Licensing Of Pharmaceutical Products In India: A Critical Analysis
Chhavi Jain, Research Scholar, ILSR, Mangalayatan University, Aligarh Prof. (Dr.) Rekha Supervisor, ILSR, Mangalayatan University, Aligarh ABSTRACT Compulsory licensing is an useful legal mechanism that allows a government to permit a third party to use or manufacture a patented product without the permission of the patentee. In the pharmaceutical sector, compulsory licensing can help in reducing the price of life-saving medicines and improve their availability to patients. T
IJLLR Journal
Sep 41 min read
Digital Arrest In India: Rethinking Criminal Liability & Legal Remedies For Emerging Cyber Fraud
Kritika Bhalla, Ideal Institute of Management and Technology (GGSIPU) ABSTRACT The phenomenon popularly termed ‘digital arrest’ a species of cyber-enabled extortion in which fraudsters impersonate law-enforcement or judicial authorities over video calls to coerce victims into transferring money under threat of confinement has emerged as one of the most significant criminal- justice challenges of India’s digital decade. Though the expression has no statutory foundation, its ar
IJLLR Journal
Sep 41 min read
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