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 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 […]
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 […]
Abstract
Neuro-evidence is transforming criminal defence by introducing brain imaging and genetic evidence into the courtroom. This article examines how such evidence challenges the traditional concept of mens rea, influences sentencing decisions, and raises concerns about free will, privacy, and AI-driven predictions of criminal behaviour. It argues that while neuroscience can inform legal decision-making, it should […]
Abstract
This article re-examines Selvi v. State of Karnataka in light of AI-powered polygraph technologies and their implications for constitutional rights. It argues that AI-driven deception detection threatens the rights against self-incrimination, mental privacy, and cognitive liberty under Articles 20(3) and 21 of the Constitution. The article contends that existing constitutional safeguards must evolve to address […]
Abstract
The rise of social media has transformed the landscape of justice, creating a paradox where hashtags and viral campaigns often substitute for judicial deliberation. This phenomenon, termed “trial by hashtag,” represents the digital evolution of traditional media trials. While it empowers citizens to demand accountability and democratizes access to information, it simultaneously threatens the sanctity […]
Abstract
The Pune Porsche crash case, involving a 17½‑year‑old boy who killed two IT professionals while driving under the influence, has reignited debate on the balance between juvenile justice and judicial lenience in India. This paper critically examines the Juvenile Justice Board’s refusal to transfer the case for adult trial, arguing that the decision misapplied precedent […]