Volume 7, Issue 5 / 2025

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.