Indian Journal of Law and Justice, Vol. 16, No. 01

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/5692

From the Editor’s Desk

Season’s Greetings!

I am glad to announce the publication of the Vol. 16 No. 01 issue of the Indian Journal of Law and Justice. The Indian Journal of Law and Justice has come a long way in the last one decade from being a national law journal to being an internationally acclaimed journal and from being a mere print version to having a website of its own, namely ijlj.nbu.ac.in. Along with being enlisted by the UGC CARE, the journal is proudly indexed with the esteemed SCOPUS along with the HeinOnline and EBSCO. Innumerable scholars, academicians and professionals from the field of law as well as other social sciences sector have been relying on this journal for their scholarly publications and have played a pivotal role in their early career success. I along with my highly efficient editorial team pledge to building on the legacy of this journal. We are making an endeavour for online submissions of articles and research papers to improve and expedite peer review. We, as a team, shall continue to remain committed to making it a forum that welcomes scholarship from a diverse and global group of authors, whose ideas are at the cutting edge of law and policy research.

 

Keeping the trend of the Indian Journal of Law and Justice, authors across the globe have contributed on varied topical matters and raised relevant and pressing questions in their papers to enrich the journal. The current issue gives the glimpse of insights on international and national issues. The current issue highlights on the Biodiversity Conservation, measures to protect migrant workers, security challenges facing electronic commercial remittance work, evaluation of ADR and practice, principle of common but differentiated practice on climate change, tribal disentanglement, comparative study on competition laws, PoSH, tech-driven rehabilitation, tracing blasphemy in digital media, comparative analysis of legal aid and analysis of reproductive health of Santhal tribals.

And also, in notes and comments the issue highlights on commercialistaion to innovation of Start-Ups in India and the book review highlights the issue of migration, identities and democratic practices in India.

I thank all contributors for their submissions to this edition and their cooperation with the editorial team during the production phase. I express my gratitude again to the entire Editorial Team whose commitment and perseverance made this publication possible.

Suggestions and opinions for the improvement of the journal is solicited.

 

With best wishes

Dr. Sujit Kumar Biswas

Chief Editor

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    Tracing Blasphemy: Comparing the Legal Overreach on Expression and Free Speech in Digital Media and OTT in India and the US
    (University of North Bengal, 2025-03) Bandyopadhyay, Bidisha; Mitra, Adwait; Avadhanam, Ishan Vijay
    The paper examines the scope and impact of blasphemy law in India, which is Section 295-A of the Indian Penal Code (now Section 299 of the Bharatiya Nyaya Sanhita, 2024), restricting freedom of expression with reference to digital and Over-the-Top (OTT) media platforms. The hands of the judiciary may have attempted to restrict the application through appreciatory interpretation, but the vagueness of the language involved—most importantly, the undefined concept of a "class of citizens" and the rather broad invocation of "public order"-continues to give ample scope for misuse of the provision. The discussion examines significant cases concerning the arrests of comedians Kiku Sharda and Munawar Faruqui and the controversies surrounding shows like Tandav, Leila, and Paatal Lok, as illustrative cases where Section 295-A has been weaponized as cultural censorship and legal overreach. The paper also carries out a comparative analysis of the constitutional approach to blasphemy and speech in the United States and how the First Amendment and the “clear and present danger” doctrine provide a stronger leeway for creative and dissenting articulation. In the end, this paper argues that India must rethink its laws to avert interfering with artistic freedom and democratic discourses in the digital era.