DME Journal of Law

The Role of International Law in Shaping Domestic Constitution

Mandeep Mishra — 2025-06-30

This paper talks about how foreign and international law interacts closely with domestic constitutional law to balance the growth of the rule of law in a given region. When it is appropriate, local courts in South Africa and the United States take international and foreign law into account when resolving cases. Each jurisdiction has different guidelines on whether to apply foreign or international law, as well as different standards for doing so. Above all, though, this practice ought to be supported because it advances global norms and the consistent application of international law aspects that are particularly crucial when it comes to human rights.
This article makes the case that India has made a substantial contribution to the study of international law explicitly aim to give local courts a role in judicial enforcement. In addition to addressing the standards set forth by international law, this article looks at how international law is implemented inside the Indian domestic system. It addresses the issue of who has the authority to make treaties by critically analysing the basic contradiction in domestic constitutional procedures that give treaties legal force. The role of the judiciary in India’s application of international law is examined in this article. Lastly, recommendations for the new legal framework are given in this article to improve the application of international law. Rarely does an international treaty specify how the States are to carry out its provisions instead, each State determines how to carry out its commitment on a domestic level. One significant exemption is the human rights treaty-guaranteed right of access to effective remedies. There’s no universal norm of international law dictating that every treaty has to become domestic law. Additionally, Article 2 of the International Covenant on Civil and Political Rights guarantees the opportunity to select certain implementation strategies: “Where not already provided for by existing legal or other measures, each State Party to the present Covenant undertakes”

Juvenile in Conflict with Law or Child in Need of Care and Protection: Victimization of Male Children in Consensual Sexual Relationship

Pankaj Gupta — 2025-06-30

India i.e. Bharat has enacted Protection of Children from Sexual Offences Act, 2012 to protect the children from sexual offences committed against them. Although the Act contains stringent provisions to deter any kind sexual offence against children yet the improper application of law in the country defeats the entire purpose of the legislation and even criminalizes the romantic relationship among adolescent and in turn deprived them from their sexual autonomy. Though the legislation is gender neutral in its spirit yet the male children are being labelled as children in conflict with law and get punished arbitrarily against the spirit of the Act. This paper looks into the improper application of law and its effect on romantic love among adolescents and the role of judicial system with suggestive course correction.

The Evolution of India’s Cyber Law: A Legislative Analysis of The Information Technology Act, 2000 and its Amendments

Aditya Singh — 2025-06-30

The Information Technology (IT) Act, 2000, India’s first cyberlaw that lays the foundation of the nation’s digital legal system, is examined in this legislative study together with its origins, goals, clauses, modifications, and criticisms. Rooted in the UNCITRAL Model Law, the Act was a first step in giving legal validity to electronic transactions and digital authentication in India and was adopted to handle the developing issues of electronic commerce, digital signatures, and cybercrime. By means of a thorough analysis of its legislative history and significant amendments, most notably the IT Amendment Act, 2008, and later laws in 2018 and 2021. This legislative analysis assesses how the Act changed to address new-age cyber dangers and growing privacy issues. The analysis also includes historic court rulings that profoundly affected its interpretation and execution; Shreya Singhal v. Union of India and Justice K.S. Puttaswamy v. Union of India.
Although the IT Act set the foundation for e-governance, intermediary control, and cybersecurity, it has come under fire for jurisdictional uncertainty, poor protection of intellectual property rights, and scant coverage of developing cybercrimes. The IT Act is compared with the proposed Digital India Bill, which aims to modernize India’s cyberspace by means of structured control for digital platforms, artificial intelligence, and platform accountability, addressing digital platform responsibility. Emphasizing the need for a dynamic legislative framework that constantly adjusts to technological developments, therefore assuring safe digital governance and maintaining constitutional rights in the digital age, the paper ends.

Future of Tribunalisation in India: Between Efficiency and Constitutionality

Ritika Juneja — 2025-06-30

Tribunals have emerged as an alternative institutional mechanism to traditional courts, aiming to address issues of delay, cost, and procedural complexity. However, the rapid expansion of tribunals in India has sparked critical debates over their constitutional validity and functional independence. This paper explores the evolution of tribunalisation in India, evaluates the constitutional challenges it faces, and critically analyses recent reforms. It further explores whether future tribunalisation can strike a balance between administrative efficiency and constitutional mandates of judicial independence, separation of powers, and access to justice.

From Tradition to Transformation: Mapping Gender Inequality in Modern India

Vaibhav Shahi — 2025-06-30

This research examines the persistent and multifaceted issue of gender inequality in India, characterized by systemic disparities in access to education, employment, healthcare, and political representation, predominantly affecting women and gender minorities. Rooted in historical, cultural, and socioeconomic contexts, gender inequality in India manifests through discriminatory practices, societal attitudes, and gender-based violence. Despite constitutional provisions and various governmental initiatives aimed at promoting gender equality, significant challenges remain, particularly in rural areas and marginalized communities, where traditional norms often reinforce patriarchal structures. The research underscores the importance of understanding the interplay between these factors and advocates for a coordinated approach that includes enhancing educational opportunities, community engagement, and robust policy reforms to address the deep-seated issues of gender inequality. Ultimately, achieving gender equality is not only moral imperative but also essential for fostering sustainable development & social cohesion in India.

Revisiting Bharti Airtel Case against Reliance Industries: A Critical Analysis

Nituja Singh — 2025-06-30

The judgment in Bharti Airtel Ltd. v Reliance Industries Ltd. & Anr. May be remembered as a significant landscape in the Indian telecommunication industry. The effects of this decision continue to persist through the Indian telecommunication market. Bharti Airtel filed allegations against Reliance Industries for exploiting market dominance through anti-competitive practices that disrupted fair competition adversely. The case presents important legal aspects related to competition regulations and dominance abuses as well as the responsibilities telecom service providers must follow according to Indian telecommunication and competition law.
This research paper is a review to revisit the case to analyse its impact on Indian telecommunication market, competition and consumers as a key stakeholder of this market. This paper further examines this judgment with a view to find out its rationale in consonance with the Competition Act, 2002 as well as Telecom Regulatory Authority of India Act, 1997 with regard to fair competition and restraint of monopoly in the Indian telecom industry.
By exploring judicial interpretations and their broader effects, this study highlights the legal principles reinforced by the ruling and assesses the potential for similar cases to shape corporate conduct in competitive markets