International Journal of Human Rights Law Review
International Open Access Double Blind Peer Reviewed, Referred Journal
ISSN No. : 2583-7095
ISSN No. : 2583-7095
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Abstract
This paper discusses the Supreme Court’s framing of the fundamental right to privacy in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) and what that means for the Aadhaar program in the 2018 Aadhaar verdict (Puttaswamy II). The nine-judge court, by its judgment in 2017, held that privacy is vital to life and personal […]
Abstract
Bail occupies a pivotal position in the criminal justice system, mediating the State’s coercive power to arrest and detain against the constitutional presumption of innocence and the protection of personal liberty. Traditionally perceived as a procedural mechanism to secure the presence of the accused at trial, bail has, through evolving constitutional jurisprudence, acquired the character […]
Abstract
The mass deaths in COVID-19 persuaded the human race to align their actions for the protection of environment and human health as a part and parcel of it. In India, the lack of resources and water in the river for the performance of ‘final rites’ ceremony of the deceased disgruntled the economically weaker sections of […]
Abstract
The Indian arbitration ecosystem has undergone revolutionary evolution through purposive institutional development, progressive legislative amendments, and judicial restraint, positioning the country to emerge as a global arbitration hub, similar to Singapore, London, and Hong Kong. The exponential growth of flagship arbitration institutions like NDIAC, MCIA, and DIAC saw MCIA report a 48% increase in caseloads […]
Abstract
Sikkim’s unique constitutional status under Article 371F allows for the preservation of old laws and customs. However, this often creates a conflict with Part III of the Indian Constitution. The Sikkim Succession Act, 2008 was considered as a positive move towards codifying property rights in a state governed by customary laws. While it aimed to […]
Abstract
The Indian Judiciary & Legal Bar display grave discrepancies in gender parity, where women account for merely 2.9 -3.1% of Judges in the Supreme Court, 14% of Judges in the High Courts, and 15% of the legal bar, whereas the Indian Constitution, through Articles 14, 15, and 16, guarantees equality. Through this doctrinal & empirical […]
Abstract
The Protection of Children from Sexual Offences (POCSO) Act, 2012, prescribes stringent measures like special courts (Section 28) and presumptions of guilt to protect adolescents under the age of 18 from sexual abuse. However, Section 22 punishes false accusations by non-children with up to six months imprisonment or fine, granting immunity to the minors while […]
Abstract
Consent forms the ethical and legal cornerstone of medical practice, reflecting respect for patient autonomy and the right to self-determination. In the Indian context, consent in medical treatment is governed by a combination of statutory provisions, constitutional principles, ethical guidelines, and judicial interpretations. This article examines the concept of consent with particular emphasis on its […]
Abstract
Article 44 of the Indian Constitution, included in Part IV on Directive Principles of State Policy, declares that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” This apparently simple provision conceals a dense and contested terrain involving secularism, religious freedom, gender justice, and minority rights, […]
Abstract
This paper explores the socio-legal ecosystem of identity theft in India, tracing the evolution of the threat landscape, the limitations of previous legal regimes, and the structural promises of the new legislative framework. The major objectives of the study are to assess the legal framework’s agility in addressing emerging threats like Synthetic Identity Theft and […]