International Journal of Legal Science and Innovation
Assessing Gender Neutrality in the Bharatiya Nyaya Sanhita 2023: A Critical Analysis of India's Criminal Law Reforms
The Bharatiya Nyaya Sanhita (BNS) 2023 represents India’s first comprehensive criminal law reform since the colonial-era Indian Penal Code of 1860. This paper critically examines whether the BNS achieves genuine gender neutrality or remains constrained by gendered assumptions. Through doctrinal legal analysis and comparative examination of gender-neutral frameworks in the United Kingdom, Canada, and Australia, the study evaluates key provisions on sexual offences (Sections 63-69), procedural reforms (Zero FIR, e-FIR, time-bound investigations), and protections for transgender and non-binary individuals. The research reveals that while the BNS 2023 introduces selective gender-neutral language and victim-centric reforms, it perpetuates gender bias through its female-centric rape definition, retention of the marital rape exception, and inadequate implementation of constitutional protections for LGBTQIA+ individuals. The paper distinguishes between formal gender neutrality (linguistic) and substantive gender justice (protective outcomes), arguing that true equality requires comprehensive statutory amendments, institutional reforms, and societal transformation. The analysis acknowledges its empirical limitations, since the law’s recent enactment precludes outcome data, and proposes a framework for future empirical research and implementation monitoring.
Copyright (c) 2025 International Journal of Legal Science and Innovation https://creativecommons.org/licenses/by-nc/4.0/
Ports, Protocols, and Perils: AI, IoT, and Cyber Risk in Maritime Operations
The maritime sector forms the backbone of global trade, facilitating the movement of nearly 90% of international goods. As globalization accelerates, the shipping industry is adopting increasingly advanced digital technologies to improve efficiency and streamline operations. This transformation, however, has brought significant cybersecurity risks. The integration of operational and information technologies has spread and expanded vulnerabilities across vessels and port infrastructure, exposing the sector to a wide range of cyber threats. Cyberattacks on maritime systems can severely disrupt supply chains and compromise crew and cargo safety, resulting in substantial economic losses. Real-world incidents affecting major shipping companies and infrastructure show the growing scale and impact of such threats. In response, international and national bodies have developed frameworks and guidelines to encourage cyber risk management in maritime operations. Despite these efforts, serious underlying legal and jurisdictional challenges remain. The global and interconnected nature of maritime activities makes it exceedingly difficult to assign responsibility for cyber incidents. This study explores the gravity of cybersecurity risk and the vulnerability it poses to the current maritime regime. It also analyses the practices adopted by several developed and developing nations in safeguarding their maritime infrastructure. Finally, it proposes measures that need to be undertaken to strengthen the cybersecurity regime of the maritime sector.
Artificial Intelligence in Assisted Reproductive Technology: Clinical Applications, Ethical Challenges, Regulatory Frameworks, and Future Directions: A Comprehensive Review
Artificial intelligence (AI) is transforming assisted reproductive technology (ART) by improving clinical decision-making, laboratory procedures, and treatment outcomes. AI-driven technologies are increasingly used in embryo selection, sperm assessment, ovarian stimulation planning, prediction of in vitro fertilization (IVF) success, and the automation of laboratory processes. These innovations have the potential to increase pregnancy and live birth rates while reducing human error and improving efficiency. Despite these benefits, the rising use of AI in reproductive medicine raises significant ethical, legal, and regulatory concerns, including algorithmic bias, patient privacy, informed consent, accountability for clinical decisions, and unequal access to advanced fertility care. Regulatory approaches also differ across countries, creating uncertainty regarding the safe and responsible implementation of AI in fertility treatment. This review examines the current applications of AI in ART, evaluates the available evidence on its clinical effectiveness, discusses the major ethical and legal issues, and compares existing regulatory frameworks in selected jurisdictions. It further explores current limitations, emerging trends, and future opportunities for integrating AI into reproductive medicine. Although AI has demonstrated considerable promise in enhancing fertility care, it should complement rather than replace clinical expertise. Future progress will therefore depend on transparent algorithms, comprehensive clinical validation, harmonized regulatory standards, and ethical governance that prioritizes patient safety, fairness, and accountability.
The Constitutional Conundrum of Privacy: Balancing Human Dignity, State Sovereignty, and Biometric Surveillance in India
This paper explores the evolution of the right to privacy in India, evaluating its intricate relationship with human dignity and state sovereignty. By tracing the judicial shift from structural positivism to transformative constitutionalism, the study maps the trajectory from the early reluctance in M.P. Sharma and Kharak Singh to the landmark proclamation in K.S. Puttaswamy. It then examines the contemporary challenges posed by biometric technology and digital data collection, analysing how the Digital Personal Data Protection (DPDP) Act seeks to balance legitimate state interests with individual autonomy.
Indian Constitution as a Document of Charitable Trust: A Jurisprudential Analysis of Fiduciary Governance, Constitutional Objectives, and the Doctrine of Basic Structure
The Constitution of India is traditionally regarded as the supreme legal instrument governing the political, administrative, and judicial framework of the Republic. Constitutional jurisprudence generally analyses it through concepts such as constitutional supremacy, separation of powers, federalism, judicial review, and the rule of law. This article advances a complementary theoretical framework by interpreting the Constitution through the principles of charitable trust law. While the Constitution is not legally a trust instrument, its structure, objectives, and operational philosophy display several characteristics that resemble the legal relationship between a charitable trust, its trustees, and its beneficiaries. The article argues that the Constitution may be understood as a document of trust established by the sovereign people of India for securing justice, liberty, equality, and fraternity. Within this conceptual framework, the Constitution functions as the trust deed; the people of India constitute the beneficiaries; the Government acts as the trustee entrusted with constitutional authority; the Preamble represents the charitable objects of the trust; Fundamental Rights correspond to the enforceable rights of beneficiaries; and the Directive Principles of State Policy embody the fiduciary obligations of the trustee towards society. The paper further proposes that the Doctrine of Basic Structure bears a functional resemblance to the equitable doctrine of cy-près, as both seek to preserve the foundational purpose of an institution while permitting necessary adaptation to changing circumstances. The study adopts doctrinal legal research supported by constitutional provisions, judicial precedents, trust law principles, the Constituent Assembly Debates, and scholarly literature. It does not contend that the Constitution is legally equivalent to a charitable trust; rather, it presents the trust analogy as an interpretative framework for understanding constitutional governance in fiduciary terms. Such a perspective highlights that governmental power is exercised not as an incident of ownership but as a public responsibility held on behalf of the people. The analogy also reinforces constitutional accountability, democratic legitimacy, judicial oversight, and the welfare-oriented nature of the Indian State. The article concludes that interpreting the Constitution through the jurisprudence of charitable trusts offers an intellectually coherent and normatively valuable perspective on constitutional governance. It demonstrates that constitutional institutions derive legitimacy from the people, remain bound by constitutional objectives, and exercise authority under continuing obligations of fidelity, transparency, and public welfare.
Collective Dominance in Digital Markets: Limitations of Section 4 of the Competition Act
The emergence of digital markets has fundamentally altered traditional concepts of competition and market dominance. Digital platforms operate through network effects, extensive data collection, algorithmic systems and interconnected ecosystems that enable a limited number of enterprises to exercise significant influence over market conditions and consumer behaviour. In such markets, competitive power is often exercised collectively or structurally by multiple enterprises functioning in an interdependent manner rather than by a single dominant entity. However, Section 4 of the Competition Act, 2002 focuses primarily on the abuse of a dominant position by an individual enterprise or a formally recognised group, which creates substantial limitations in addressing collective dominance in digital economies. This paper critically analyses the inability of the existing Indian competition law framework to regulate effectively the collective dominance arising in digital platform markets. It examines the distinctive characteristics of digital markets, including network effects, data concentration, platform dependency, multi-sided market structures and algorithmic coordination, which challenge conventional methods of determining relevant markets and assessing dominance. The study argues that the traditional single-firm dominance model under Section 4 is inadequate to capture the realities of digital ecosystem power, where anti-competitive effects may emerge through coordinated market influence without explicit agreements or formal monopolistic structures. The paper further undertakes a comparative examination of the European Union’s approach towards collective dominance and digital competition regulation, particularly under Article 102 of the Treaty on the Functioning of the European Union and the Digital Markets Act. By analysing comparative jurisprudence and recent developments in digital competition law, the study highlights the need for reform within the Indian competition regime. It concludes that India requires a more adaptive and technology-oriented competition framework capable of recognising collective dominance and effectively regulating digital gatekeepers in order to ensure fair competition, innovation and consumer welfare in the evolving digital economy.
Pre Packaged Insolvency Resolution Process and Corporate Insolvency Resolution Process: A Comparative Study
The Insolvency and Bankruptcy Code, 2016 (IBC) transformed the corporate bankruptcy landscape in India by introducing a time-bound and creditor-driven process for resolving financial distress. The primary framework since the Code's inception has been the Corporate Insolvency Resolution Process (CIRP). Because of persistent delays, rising costs and an overwhelming caseload, however, the 2021 Amendment established the Pre-Packaged Insolvency Resolution Process (PPIRP), which is tailored to the particular needs of micro, small and medium enterprises. The paper compares the conceptual foundations, procedural distinctions, institutional procedures and practical implications of CIRP and PPIRP. Globally, including in India, the COVID-19 pandemic hurt businesses, financial markets and economies, and it increased the likelihood of financial difficulty for micro, small and medium enterprises. The Government implemented several measures to alleviate the pandemic's effects, including increasing the minimum amount of default for initiating the insolvency resolution process to Rupees One Crore and suspending the filing of applications for initiation of the corporate insolvency resolution process in respect of defaults arising during the one-year period beginning on March 25, 2020 and ending on March 24, 2021. The Government of India then amended the IBC (through an Ordinance dated April 4, 2021) and introduced a new method of insolvency resolution, specifically for firms classified as MSMEs, by adding a new Chapter III-A to the IBC that provides for the Pre-Packaged Insolvency Resolution Process. The corporate insolvency resolution process ("CIRP") for corporate persons, which include companies and limited liability partnerships, is governed by Chapter II of Part II of the Insolvency and Bankruptcy Code, 2016 (the "IBC") and the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (the "CIRP Regulations"). The pre-packaged insolvency resolution process (PPIRP) for MSMEs, as classified under the Micro, Small and Medium Enterprises Development Act, 2006, is governed by Chapter III-A of Part II of the IBC and the Insolvency and Bankruptcy Board of India (Pre-Packaged Insolvency Resolution Process) Regulations, 2021 (the "Pre-Pack Regulations"). A brief comparison is made between the key provisions of CIRP and PPIRP as envisioned under the IBC and the relevant regulations adopted by the Insolvency and Bankruptcy Board of India ("IBBI").
Medical Council of India vs. Government Oversight: Can Self-Regulation Prevent Medical Malpractice?
This essay examines the continuing debate between self-regulation and hierarchical regulation in high-risk sectors, with particular reference to the healthcare system in India. It traces the transition from the Medical Council of India (MCI) to the National Medical Commission (NMC) in order to assess whether self-regulation can genuinely prevent medical malpractice. The MCI, originally created to allow medical professionals to oversee their own conduct, ultimately failed on account of corruption and insufficient accountability, leading to its supersession. The NMC was established to put in place a better-organised regulatory framework, yet it has encountered difficulties of its own, including bureaucratic inefficiency and concerns about over-regulation. By comparing the two regulatory approaches, the paper identifies their respective advantages and drawbacks. Self-regulation offers professionals greater freedom and flexibility but is prone to conflicts of interest and weak enforcement. Hierarchical regulation, by contrast, secures uniform standards and external supervision but may stifle innovation through bureaucratic process. The paper concludes that a balanced regulatory system is essential if professional ethics are to be upheld while public safety is secured.
Insolvency proceedings in India: A legal-economic analysis of the 2016 Code
When a person or an organisation cannot pay its debts as they fall due, or when the realisable value of its assets is not enough to cover its liabilities, it is said to be insolvent or bankrupt. An efficient insolvency and bankruptcy law provides for the reorganisation of an entity so that it becomes financially sound in a time-bound manner. To address the shortcomings and flaws in India’s insolvency legislation, the Insolvency and Bankruptcy Code, 2016 was enacted. The Code was drafted to consolidate the framework of insolvency law then spread across the Companies Act, 2013, the Sick Industrial Companies (Special Provisions) Act, 1985, the Limited Liability Partnership Act, 2008 and the SARFAESI Act, 2002. Further, the Code repealed the pre-existing Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920. Before the Code there was no mechanism to aid creditors, and the law was observed to tilt in favour of the debtor. The 2016 Code, in general, provides for adjudicating bodies, effective settlement mechanisms and a strengthening of creditors’ rights. A distinct regulatory agency, the Insolvency and Bankruptcy Board of India, has been established to govern the procedure and to regulate entities such as insolvency professional agencies, insolvency professionals and registered valuers. To handle cases pertaining to corporate insolvency and bankruptcy, specialised tribunals, the National Company Law Tribunal and the National Company Law Appellate Tribunal, have been designated. The purpose of this paper is to examine the legal and economic implications of the Insolvency and Bankruptcy Code, 2016 (IBC) as well as the procedure concerning bankruptcy and insolvency. Further, the paper provides an in-depth analysis of the Code and highlights the major areas that still require legislative attention for the removal of gaps.
Probative but Not Infallible: Reassessing the Evidentiary Weight of DNA Evidence in Indian Criminal Trials
In the Indian criminal justice system, the most credible evidence is that of ocular testimony given directly by a person in court. The expert opinion evidence, on the other hand, be it scientific or otherwise, is considered of a lower classification, meaning that the courts will rely more on the testimony of the eyewitnesses than that of an expert. Forensic DNA profiling can generate random match probabilities of one in several billion and has, without displacing the hierarchy, destabilised it. What this article terms the primacy debate is the unresolved jurisprudential question of how a trial court ought to proceed when a biologically robust DNA profile stands in irreconcilable contradiction to mutually consistent eyewitness accounts. Based on the philosophy of evidence put forward by Haack’s foundationalist epistemology, Cohen’s distinction of Pascalian and Baconian probability, and Bayesian models of evidential inference, this paper questions the “myth of infallibility” that DNA evidence is surrounded by and the symmetrical myth of “sterling quality” that ocular testimony is surrounded by. A comparison of the American gatekeeping model crystallised in Daubert and the English common-law response epitomised by R. v. T, and a doctrinal excavation of Indian case law from Goutam Kundu to Rahul, shows that neither the Indian Evidence Act, 1872, nor the Bharatiya Sakshya Adhiniyam, 2023, provides the epistemic architecture to resolve ocular-scientific conflict. It concludes with a proposal for an Integrated Epistemic Matrix, a five-level procedural framework designed to weigh conflicting evidentiary pools in a structured, transparent and reviewable manner.
The idea of gender justice is not a novel concept in the modern world. The moral rules and standards of society frequently shape an individual's identity. However, those who want to contradict these with their character traits, sexual orientations, and tendencies are frequently rejected, shunned, and labelled as the "other.". To be specific the transgender people are subjected to utter discrimination and are deprived of their fundamental human rights as a third gender. However, countries around the world laid down specific provisions and laws to eradicate the concept of gender inequality between men, women, and the third gender in socio-economic, political, legal, and another aspect of life. The research paper seeks to analyse the issues and challenges that the third gender in society faces especially in case of same sex marriages as well as to critically evaluate and examine the legal position on gender equality. Transgender rights have received a lot of attention as a result of the Supreme Court's pro-active action in the NALSA verdict; this topic will be covered in more detail in the research paper that follows. This research paper aims to shed light on the murky world of suffering and discrimination this community has been relegated to in India by highlighting the historical growth of the transgender population and making an effort to systematically analyse their positions in jurisdictions across the globe. Major issues continue affect this segment of society, despite certain beneficial advances that have helped to raise awareness and recognition of their suffering.
Copyright (c) 2024 International Journal of Legal Science and Innovation https://creativecommons.org/licenses/by-nc/4.0/
Indigenous Legal Traditions and the Meo Community: Challenges in the Modern Indian Legal Framework
India's legal system is characterised by the coexistence of statutory law and customary legal traditions, reflecting its cultural diversity and commitment to legal pluralism. Among India's indigenous communities, the Meos of the Mewat region possess a distinctive customary legal system that has historically governed marriage, inheritance, land relations, dispute resolution, and community governance through unwritten norms and traditional institutions. Although the Meos profess Islam, their legal traditions incorporate indigenous, Rajput, and Islamic influences, making them a unique example of legal pluralism in India. Over time, constitutional governance, statutory reforms, judicial intervention, and socio-economic changes have significantly influenced the operation and recognition of these customary practices. While certain customs continue to provide accessible and community-based mechanisms for dispute resolution, others face constitutional scrutiny where they conflict with fundamental rights, gender equality, and statutory law. Using a doctrinal and analytical research methodology, this paper examines the historical evolution, legal status, and contemporary challenges of Meo customary law within the Indian legal framework. It analyses constitutional provisions, statutory enactments, judicial precedents, and scholarly literature to assess the compatibility of indigenous legal traditions with constitutional values. The study concludes that preserving the beneficial aspects of Meo customary law while ensuring conformity with the principles of equality, dignity, justice, and the rule of law is essential for promoting constitutional legal pluralism and protecting India's rich legal and cultural heritage.
Regulating Artificial Intelligence in the Era of Data Protection: A Comparative Legal Analysis of the European Union and Indian Frameworks
The present data protection legislative frameworks are facing significant problems due to the rapid expansion of AI technology in industry, administration, and the judiciary. The regulatory frameworks of the EU and India with relation to the application of AI technology in data processing are compared in this study. The EU has created the GDPR and EU AI Act, two pieces of legislation that provide a risk-based framework for regulating AI technologies and how they affect the processing of personal data. However, as the DPDPA was passed in 2023, India is still in the early phases of creating a regulatory framework for the usage of AI technologies. Despite being a significant step forward in the evolution of Indian data protection legislation, the DPDPA lacks any provisions pertaining to artificial intelligence. Four major conclusions have been drawn from this paper's analysis of primary legal acts, court rulings, and public policies: normative material convergence in foundational norms; significant divergence in the extent of AI governance; a significant gap in the statutory treatment of automated decision-making; and an urgent need for legislative reform. The study concludes with the creation of a number of thoughtfully crafted recommendations for India that expand upon the EU's regulatory framework while taking India's development aspirations into consideration.
Copyright (c) 2026 International Journal of Legal Science and Innovation https://creativecommons.org/licenses/by-nc/4.0/
Combating Human Trafficking in India: The Role of Non-governmental Organisations
Human trafficking in the present century is one of the worst kinds of exploitation and abuse that human beings have ever known, and India continues to be a source, destination and transit country for this trade. There are so many international instruments governing the issue, yet many stones will remain unturned until the domestic legislation steps up. The Immoral Traffic (Prevention) Act, 1956 is still the main legislative tool in the field, but till date it criminalises the procurers, traffickers and profiteers without defining ‘trafficking’ per se in human beings. That gap has now been narrowed by the Bharatiya Nyaya Sanhita, 2023, which for the first time supplies a general statutory definition in Indian criminal law; but the ITPA itself stands unamended, and the two enactments do not yet speak the same language. A dedicated Bill on trafficking has been drafted twice, in 2018 and 2021, and has lapsed on both the occasions. Against this background the paper looks at the constitutional guarantees and the pronouncements of our courts, from Vishal Jeet and Gaurav Jain to Bachpan Bachao Andolan and Budhadev Karmaskar, through which the judiciary has been quite upfront in dealing with this evil. It then turns to the question in front of all of us: what can an NGO offer? It is submitted that NGOs are not merely welfare agencies but participants with a statutory foothold, they may move the Magistrate for rescue, take part in the rehabilitation process, and extend social, psychological and legal assistance long after the rescue is over. It cannot be denied that all stakeholders have to join hands together to solve this burning issue. What is required is not merely more law, but the will and the machinery to give effect to the law that already exists.
An Empirical Study on the Legal Implications of Environmental Negligence with specific reference to the Case of Adyar River and its Impact on Public Health
What was once a pristine waterway associated with Chennai's natural heritage and layered historical significance, the Adyar River, is now a quintessential example of the callousness that is symptomatic of urban India’s environmental neglect. Rapid industrialization, rampant urbanization and the continuous discharge of untreated municipal and industrial wastes have taken their toll on the river's water quality and its eventual collapse. This is compounded by recent studies that have found 'forever chemicals' – perfluoroalkyl and polyfluoroalkyl substances (PFAS) - in concentrations where levels exceed safe thresholds by thousands of times according to IIT Madras, and carry potential health implications including liver damage and cancer. Other reports by Tamil Nadu Pollution Control Board have documented critical breaches in the river with, for example, none dissolved oxygen and extraordinarily high levels of coliform bacteria, all of which illustrate the construction of pollution which makes it impossible for the river to sustain any aquatic life. Despite the dire state of many rivers in Tamil Nadu, and environmental neglect, judicial processes such as the Southern Bench of the National Green Tribunal, although potholed with delays, have pointed to systemic problems in legal enforcement being the critical fault for the erosion of public health and environmental advocacy, and demanded immediate action. Using a mixed-methods examination leveraging the quantitative survey data with qualitative data from communities affected in Saidapet’s slums, this study will use the legal consequences of environmental neglect to scrutinize public health. In conclusion, the research presents a framework to integrate environmental governance, legal accountability, and community participation focused on sustainable restorative action for the Adyar River and healthier futures for the people of Chennai.
Legal Reforms in Real Estate: Addressing Issues of Land Acquisition and Title Disputes in India
India's real estate sector, a cornerstone of economic growth contributing 7-7.3% to GDP in 2025 and projected to reach 13-15% by 2030, grapples with persistent challenges in land acquisition and title disputes that hinder development and deter investments. Rooted in colonial legacies like the Zamindari system, which fostered exploitation and tenancy insecurity, post-independence reforms such as the abolition of intermediaries and land ceiling acts aimed to promote equity but left gaps in record keeping and enforcement. These inefficiencies manifest in delays under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, driven by inadequate compensation, lack of consent, environmental concerns, involuntary displacements and farmer protests. Title disputes arise from fragmented records, benami transactions, ambiguous inheritance laws and presumptive titling, leading to forgery, multiple claims and millions of pending court cases that inflate project costs and reduce FDI. This paper evaluates recent 2023-2025 reforms, including the New Property Law (Draft Registration Bill 2025), which mandates digital platforms for transactions and developer disclosures, and enhancements to the Digital India Land Records Modernization Programme incorporating Aadhaar-linked GIS mapping and blockchain for tamper-proof titles. These initiatives streamline acquisitions through online pre-approvals, enhance dispute resolution via fast-track tribunals and promote sustainability. State-specific examples from Maharashtra and Karnataka illustrate federal variations. Analysis shows reduced litigation by 20-30% in digitized areas, faster registrations and boosted investor confidence, though shortcomings like rural data inaccuracies and digital divides persist. Recommendations include nationwide blockchain rollout, capacity building, inclusive rehabilitation amendments and integration with sustainable development goals to ensure transparent, equitable progress.
Beyond Binary: Unraveling Transgender Identities and Examining the Interplay of Familial Acceptance, Legal Rights, and Mental Well-being in the Third Gender
Indian society has traditionally recognized only two genders—male and female—while individuals who do not conform to this binary framework have often been marginalized and excluded from mainstream social life. Transgender persons exist across all races, religions, nationalities, and socioeconomic groups; however, they have historically been denied dignity, equality, and social acceptance because of their gender identity. The rigid enforcement of gender binaries has subjected transgender individuals to confusion, distress, discrimination, and social exclusion. As one of the most marginalized communities, they frequently encounter prejudice, ridicule, violence, and violations of their fundamental human and civil rights. This paper examines the various challenges and forms of discrimination faced by transgender individuals, including social stigma, educational barriers, employment discrimination, healthcare inequalities, and legal obstacles. It further explores the crucial role of family acceptance and social support in promoting the mental health and overall well-being of transgender persons. The study highlights strategies for fostering acceptance, inclusion, and support within families, communities, and institutions. It also discusses significant judicial interventions and legal developments that have recognized the rights of transgender persons and affirmed their entitlement to a distinct gender identity. The paper concludes that while important progress has been made toward ensuring equality and dignity for transgender individuals, sustained research, policy reforms, and social awareness initiatives remain essential for creating inclusive environments and improving their quality of life.
The POCSO-Adolescent Autonomy Dilemma: Criminalising Consensual Relationships and the Case for a Close-in-Age Exception
The Protection of Children from Sexual Offences Act, 2012 fixed the age of consent at eighteen and, in doing so, rendered every act of sexual intimacy involving an adolescent a serious criminal offence, whatever the wishes of the parties. A growing body of empirical work shows that a substantial share of prosecutions under the Act arise not from abuse but from consensual relationships between adolescents or between an adolescent and a young adult, typically set in motion by disapproving parents. Constitutional courts have responded with quashing orders, anguished obiter and appeals to Parliament, while the Law Commission of India has recommended sentencing discretion but declined structural change. This paper examines the resulting dilemma between child protection and adolescent autonomy. It argues that the blanket criminalisation of peer intimacy is overinclusive, disproportionate and inconsistent with the constitutional guarantees of autonomy, dignity and equal treatment, as well as with India’s obligations under the Convention on the Rights of the Child. Drawing on Canadian, British, German and American models, it proposes a narrowly drawn close-in-age exception, with safeguards against exploitation, as the legislative cure that judicial improvisation cannot supply.
Right to Privacy in the Digital Age: Legal Challenges and Emerging Trends in India
The recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) represents a watershed moment in Indian constitutional jurisprudence, firmly embedding privacy within the framework of dignity, autonomy, and liberty under Article 21 of the Constitution. The Supreme Court, speaking through a nine-judge bench, overruled earlier restrictive precedents and held that privacy is not merely a statutory protection but a constitutionally guaranteed intrinsic right forming part of the basic structure of human dignity. This doctrinal transformation coincides with India’s rapid digitalization, where personal data has become a core resource for governance, economic activity, and algorithmic decision-making. However, the transition from constitutional recognition to effective enforcement remains incomplete due to structural regulatory gaps, weak institutional independence, and expanding state and corporate surveillance. The enactment of the Digital Personal Data Protection Act, 2023 introduces a consent-based regulatory model, yet it has been criticized for broad state exemptions and limited judicial oversight. This paper critically analyses the evolution of privacy jurisprudence in India, integrates comparative insights from foreign legal systems such as the EU’s GDPR regime and US constitutional privacy doctrine, and examines emerging technological challenges including artificial intelligence, biometric surveillance, and blockchain systems. It argues that India is entering a post-constitutional-privacy enforcement gap, where judicial recognition is strong but institutional safeguards remain underdeveloped.
When Protection Becomes Prejudice: A Constitutional Critique of Victim-Centric Sexual Offence Reform in India
This article examines India’s new victim-focused reforms under the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA). While the author acknowledge the intention to recognize victims’ dignity and remedy past injustices, the author contend that these reforms in the aggregate create a procedural imbalance in favor of victims against the accused—particularly because of Section 69 BNS, the limited defence procedures in the encoded BNSS, and the limiting definitions of evidentiary use in BSA. The author discuss how doctrines such as the concept of a “sterling witness” and selective use of forensic evidence reinforce this imbalance. To remedy this imbalance, the author propose a “Constitutional Counterweight” doctrine, borrowing from UK and Canadian jurisprudence, that allows judges as stewards of balance under the procedural reconstruction so that the rights of the accused under Articles 14 and 21 of the Constitution are never diluted in the pursuit of justice for the victim.
Erosion of Traditional Family Structure: A Barrier or Catalyst of Social Change?
Change is the natural occurrence; everything changes and takes new forms, whether it is culture, family structures, values, traditions. Traditional family structure once considered as a bedrock of the society has undergone significant transformation in recent decades. From traditional families characterised by hetero-sexual married couple with biological children to diverse family forms ranging from single parent household and blended families to same-sex partnerships and cohabiting couples, challenging the traditional conception of what family should be. Family being the cornerstone of society, changing values in it brings about changes in variety of areas of life. As we often say that law and society should change with changing times and needs of its people, there are conflicting perceptions among scholars, authors, social reformers and people regarding erosion of traditional family structures. On one hand, decline of traditional family norms is seen as contributing to various social problems like economic inequality, social fragmentation and general sense of social disintegration. While others see this shift as a driver of social transformation, promoting greater inclusivity, improved gender equality, individual freedom, and adaptation to modern realities. A lot has been said & done theoretically but is there same perception amongst those who belong to such family structures? To examine these paradoxes, this empirical research aims to explore the competing perspectives of people on erosion of traditional family structure: as a barrier or a catalyst of progressive social change. This research further aims to analyse how this erosion alters the social structures due to various factors.
Revisiting India’s Rehabilitative Approach to Juvenile Justice: Reflections One Year After the Pune Porsche Case
The 2024 Pune Porsche Accident sparked a nationwide debate over India’s juvenile justice system's ability to strike a balance between accountability and rehabilitation, especially for privileged delinquents. This paper closely examines Sections 15 and 18 of the Juvenile Justice (Care and Protection of Children) Act, 2015, highlights the role of procedural gaps and the impact of the absence of minimum sentencing in offences like Section 304 IPC in limiting meaningful accountability. The paper employs doctrinal analysis and compares domestic implementation with international approaches—including the notable Ethan Couch case—to demonstrate how current rehabilitative measures may inadvertently shield privileged juveniles from appropriate consequences. Finally, it offers recommendations drawn from international judicial systems, aiming to resolve the loopholes in the present juvenile justice system, advocating the need for nuanced approaches that ensure accountability without compromising the reformative goals of juvenile justice.
Digital Evidence and Cyber Forensics: Facing the Real World Challenges of Law and Integrity
In today’s digital age, electronic data has become a powerful tool in solving crimes and settling legal disputes. This kind of data, often called digital evidence, includes things like emails, social media posts, digital documents, and information from smartphones. Cyber forensics is the field that deals with collecting, examining, and keeping this evidence safe. But bringing digital evidence into a courtroom isn’t always easy. Two major concerns are whether the evidence is admissible—meaning it can legally be used in court—and whether its integrity has been preserved, meaning it hasn’t been changed or tampered with. This paper looks into the common challenges in dealing with digital evidence. These include the risk of alteration, differences in legal rules across regions, and the importance of using proper methods to collect and store the data. A big part of the challenge is showing that the evidence is authentic and was gathered legally. As technology advances, cybercrimes are becoming more sophisticated, and so is the way we need to handle digital evidence. By examining real cases and current practices, this paper offers insights and recommendations to help ensure digital evidence remains trustworthy and useful in legal settings. Understanding these challenges is key to ensuring justice in our increasingly digital world.
Factors to be Considered for Determination of Centre of Main Interest (COMI)
The idea of the Centre of Main Interest (COMI) is essential when a company has money problems in more than one country. It helps decide which country's court should handle the main case. It also allows other countries to accept and follow what that court decides. This paper aims to study the elements that are considered when establishing COMI in a multi-jurisdictional insolvency scenario. This paper describes the essential elements that influence the unification of insolvency laws among various nations. It also incorporates information from scholarly papers, case studies, and other significant texts to clarify these essential aspects.
Transforming Governance Through People’s Power: A Constitutional Reflection on Civil Society’s Impact in India
This research paper explores how civil society in India has played a powerful role in changing the way the country is governed, with a special focus on the values and rights set out in the Indian Constitution. At its heart, the paper is about how ordinary people, organized into movements and groups, have used their voices and actions to make government more open, responsible, and fair. The Constitution isn’t just a set of rules—it’s a living tool for change, and civil society is the force that helps bring its promises to life. To understand this process, the paper looks at real-life examples where people have made a difference. It studies major movements like the Right to Information campaign, Anna Hazare’s fight against corruption, the struggle to protect the Narmada River, and recent digital activism on social media. The research also digs into important court cases that have shaped how rights are protected and how people can challenge the government. By reading court judgments, government reports, and expert writings, the paper builds a full picture of how civil society and the law work together. What makes this research stand out is the way it connects the dots between what the Constitution says, what actually happens in society, and how people can make a difference. It doesn’t just praise civil society—it also looks at the tough challenges activists face, like strict laws, government surveillance, and the risk of being sidelined or ignored. The paper argues that, despite these challenges, civil society is still essential for making sure India’s democracy works for everyone. In the end, it calls for stronger support for people’s voices and for more ways for citizens to be involved in shaping the country’s future.
Watching the Watchers: AI Surveillance, Privacy, and India’s Constitutional Vacuum in the Shadow of the EU AI Act
This paper examines gaps in India’s regulation of AI driven surveillance related to privacy and civil liberties. Laws have been passed the pace that AI surveillance is being adopted in corporate workplaces and government facial recognition systems. The Supreme Court’s K.S. Puttaswamy (2017) ruling on the right to privacy as a fundamental right does not mean however, that India has specific regulations nor effective enforcement of AI surveillance. Corporate surveillance is virtually unregulated and government surveillance is too easily lead astray with tools like facial recognition systems. The paper compares India’s approach to those of the U.S., EU and China, commenting on the EU’s rights focused AI Act, the U.S.’s stop gap measures and China’s state driven approach. The paper advocates for India to creating a coherent legal framework between technological innovation and protection of fundamental rights, and implements the globalization precedents and strengthened accountability mechanisms to prevent enhanced AI surveillance.
Surveillance and its Impact on Civil Liberties
Surveillance, when pervasive and unregulated, poses a direct threat to civil liberties, which are essential for a free and dignified life. In a society where every action, word, or thought is subject to scrutiny, individuals may begin to self-censor, fearing that even innocent behaviour could be misconstrued and used against them. This erosion of freedom undermines the core principles of privacy, free speech, and autonomy, replacing openness with fear. What is marketed as protection may, in reality, be fostering an environment of mistrust and caution, where individuals live under constant observation, compromising their ability to truly live freely.
Quasi-Judicial Oversight and the Rise of Administrative Arbitrariness: Revisiting Natural Justice in Contemporary Governance
This paper delves into the increasing prevalence of administrative overreach by quasi-judicial authorities and its implications on the principles of audi alteram partem and nemo judex in causa sua. Employing comparative doctrinal analysis and select case law from the UK, India, and the EU, it interrogates the erosion of procedural fairness. Further, it scrutinizes the latent dissonance between delegated legislation and constitutional supremacy. Incorporating lesser-used legal doctrines such as the Wednesbury unreasonableness and sub silentio rulings, this study suggests an imperative for rekindling judicial restraint and evolving a fortified review jurisprudence. The language integrates a moderate layer of archaic terms to echo the evolution of legal traditions.
Child Abuse in India: A Legal and Institutional Framework for Protection and Prevention
Child abuse is a grave violation of the fundamental rights and dignity of children. It manifests in various forms, including physical violence, emotional neglect, sexual exploitation, and lack of supervision or care. Although recognized globally, child abuse in India is a deeply under-researched issue, largely due to cultural stigma, underreporting, and systemic apathy. This essay critically analyses India's child abuse issue, with a focus on sexual abuse and neglect. It discusses the legal framework, role of the judiciary, and relevant statutes that aim to protect children. Furthermore, it examines the socio-cultural factors that hinder the effective implementation of protective measures. Through an analysis of judicial precedents, constitutional provisions, and statutory laws, the study offers a comprehensive view of the challenges and provides practical recommendations for policy and societal reform.
BCIS, Brainwaves, and Big Brother: Decoding the Battle for Mental Privacy
The rapid emergence of Brain-Computer Interfaces (BCIs) marks a defining moment in human–machine interaction, transforming thought into action and reshaping the boundaries of cognition, autonomy, and privacy. Originally developed to assist individuals with severe neurological conditions, BCIs are now increasingly being adapted for non-medical contexts, including education, employment, and surveillance which raises urgent ethical and legal questions. At the core of these concerns lies neural data: intimate, continuous, and revealing information derived directly from brain activity. This paper explores the nature of neural data and critically evaluates the regulatory responses to its collection, processing, and commodification. Through a doctrinal and comparative legal analysis, the paper examines how jurisdictions like Chile and the European Union have attempted to address the risks associated with BCIs and neural data governance. While Chile has pioneered the constitutional right to mental integrity and proposed neuro-specific protections, the EU’s GDPR which is robust in general data protection, lacks clarity when it comes to the unique vulnerabilities posed by brain data. Furthermore, after Drawing on case law, legislative developments, and international policy instruments, this paper identifies significant gaps in consent mechanisms, ownership models, and surveillance safeguards. In this backdrop, the paper argues for a future-facing legal framework grounded in cognitive sovereignty. It asks for recognition of neural data as qualitatively distinct and demands dynamic, intelligible consent, enforceable rights to access and erasure, and explicit limitations on corporate and state intrusions. It is stated unequivocally that without such controls, the monetisation of the mind risks becoming the next frontier of digital exploitation.