Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Abstract
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in its intent to bring about a paradigm shift in the criminal justice system in India by incorporating the advances of technology in the investigative process, has led to an unprecedented constitutional conundrum in the context of the seizure of electronic items, which is now coming to be […]
Abstract
This blog provides a comprehensive analysis of the legal framework governing women’s rights in India, highlighting the intersection between constitutional guarantees and statutory protections. The Constitution of India serves as the bedrock of gender equality, with Article 14 establishing formal equality, Article 15 prohibiting sex-based discrimination, and Article 15(3) empowering the State to enact affirmative […]
Abstract
Women’s political representation in India remains at a critical crisis point. Despite constituting 48% of the country’s population, women occupy only 15% of Lok Sabha seats (80 out of 543 MPs). The Constitution (106th Amendment) Act 2023 passed unanimously in Parliament, reserving 33% of seats for women. However, Article 334A delays implementation until “after delimitation […]
Abstract
The Code on Social Security, 2020 represents a progressive consolidation of India’s labour welfare regime with respect to maternity protection. Despite its forward-looking mandate, significant structural and practical obstacles continue to prevent the legislation from delivering substantive equality to working women. Women of childbearing age face discrimination in hiring, obstruction of career advancement, the persistent […]
Abstract
The global shortage of transplantable organs has produced a shadow economy in which the bodies of the poor are converted into spare parts for the affluent. This paper examines that economy through India, a country whose transplantation law was, from its inception, modelled on the prohibitory logic of earlier statutes such as the United States’ […]
Abstract
The emergence of the novel coronavirus (COVID-19) pandemic in Wuhan, China, towards the end of 2019 led to its rapid propagation worldwide. In order to overcome the public health crisis, states have been implementing mass vaccination drives. The case of Rachana Gangu & Anr. v. Union of India & Ors. is concerned with the constitutional […]
Abstract
The Indian Constitution guarantees dignity, equality, and personal liberty to every individual, including those convicted of crimes. For decades, however, prison administration remained largely insulated from meaningful judicial scrutiny, permitting custodial violence and arbitrary disciplinary practices to persist. In Sunil Batra v. Delhi Administration, the Supreme Court of India fundamentally transformed this constitutional landscape by […]
Abstract
For decades, the legal architecture of Indian criminal law has shielded a profound violation of bodily integrity behind the sanctity of the wedding vow. When India replaced its colonial-era Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS) in 2024, the nation missed a critical opportunity to fix one of its most glaring human […]
Abstract
This article explores the need for a bio-constitutional framework to protect cognitive liberty, mental integrity, and psychological privacy in the age of neurotechnology and artificial intelligence. Drawing on Articles 21, 20(3), and 19(1)(a) of the Constitution, it argues for the constitutional recognition of neuro-rights and proposes a legal framework to address emerging challenges posed by […]
Abstract
This article examines the rise of dark patterns in digital commerce and evaluates India’s legal framework for protecting consumers. It analyses the Consumer Protection Act, 2019, the CCPA Dark Patterns Guidelines, 2023, and the Digital Personal Data Protection Act, 2023, highlighting gaps in enforcement and consent regulation. It argues for stronger design-based regulation to safeguard […]