International Journal of Law, Human Rights and Constitutional Studies

the The Great Escape: How Strategic Settlements Are Undermining Indiaâ€™s Insolvency Process

2025-12-16T05:04:50+00:00

Corporate insolvency was meant to be swift, transparent, and fair under Indiaâ€™s Insolvency and Bankruptcy Code, 2016 (IBC). But as this paper reveals through the case of Indian Bank (Erstwhile Allahabad Bank) v. Nimitaya Hotel & Resorts Pvt. Ltd.,[1] that promise is increasingly being tested by clever legal manoeuvres.

In the Nimitaya case, despite the corporate debtorâ€™s default and admission into insolvency proceedings in 2021, its suspended promoter repeatedly disrupted the resolution process by filing one settlement proposal after anotherâ€”each slightly revised but timed to derail the momentum of the Corporate Insolvency Resolution Process (CIRP).[2] When the Committee of Creditors (CoC) had already approved a viable resolution plan, the promoter returned with yet another offer, prompting the National Company Law Tribunal (NCLT) to intervene and impose costs for abusing the legal process.[3]

This paper delves into how such tactical misuse of Section 12A (withdrawal of CIRP on settlement) reflects a growing trend of promoters gaming the system to prolong control over company assets. It raises pressing questions: Why are repetitive settlement proposals even entertained? Why is Section 65, which penalizes fraudulent and malicious filings, rarely enforced? How can we safeguard creditor interests while respecting genuine attempts at revival?

By drawing on jurisprudence from India and abroad, the paper proposes practical solutionsâ€”such as tightening timelines for settlement applications, restricting multiple filings, and enabling insolvency professionals to flag and reject abuse early. Through this focused lens, the paper aims to show how procedural delays can be tackled without compromising the foundational goals of the IBC: speed, fairness, and value maximization.

[1] Indian Bank (Erstwhile Allahabad Bank) v. Nimitaya Hotel & Resorts Pvt. Ltd., C.P. (IB) No. 1913 (ND)/2019

[2] Ajay Lulla, NCLAT Reiterates Barring on Submission of New Settlement Proposals after CoC Approves Resolution Plan, K&S & K Newsletter (Sept. 16, 2024), https://ksandk.com/newsletter/nclat-settlement-proposals-coc-resolution/ (last accessed July 27, 2025).

[3] Pallavi Mishra, NCLT Delhi Imposes Cost of Rs. 1 Lakh on Suspended Director, LiveLaw (Dec. 22, 2022), https://www.livelaw.in/news-updates/nclt-delhi-imposes-cost-of-rs-1-lakh-on-suspended-director-corporate-debtor217339#:~:text=Pallavi%20Mishra&text=Gupta%20(Technical%20Member)%2C%20while,Director%20of%20Corporate%20Debtor... (last accessed July 27, 2025).

Criminalised Without Conviction: A Socio-Legal Analysis of Undertrial Detention in India

2025-12-16T05:13:36+00:00

This study critically examines the structural and procedural failures of Indiaâ€™s criminal justice system that have rendered the principle of â€œinnocent until proven guiltyâ€ largely ineffective. Through a doctrinal and analytical approach, the paper explores how prolonged pre-trial detention, excessive judicial delays, and systemic socio-economic disparities have transformed the process of justice into a form of punishment for undertrial prisoners. The research highlights that incarceration prior to conviction often stems not from guilt but from poverty, lack of legal aid, and procedural inertia. The findings reveal that the criminal justice process disproportionately affects marginalized populations, thereby undermining the constitutional safeguards of liberty and due process guaranteed under Article 21 of the Constitution of India. The study argues that the existing framework perpetuates a culture of pre-trial incarceration, contradicting both the human rights ethos and the rehabilitative purpose of punishment. Ultimately, it calls for comprehensive reforms in bail policy, judicial accountability, and prison administration to realign the system with its foundational ideals of fairness, justice, and the presumption of innocence.

REFORMS RELATED TO ELECTRONIC EVIDENCE AND CYBERCRIME

2025-12-16T05:18:30+00:00

ABSTRACT

This paper focuses on a comparative analysis of the legal frameworks that govern the electronic evidence and cybercrime before and after the enactment of The Bharatiya Sakshya Adhiniyam (BSA) 2023. The BSA modernizes the Indian Evidence Act (IEA) 1872. According to the IEA, the electronic records were classified as secondary evidence due to which courts needed additional proof(certificate) to authenticate the evidence. This process often was seen as very inconvenient that made procedural delays and questioned about the chain of custody and reliability of the evidence. The definition of â€documentâ€ was also limited as per IEA . Howsoever the section 57 of BSA reclassified the electronic and digital records as primary evidence. Primary evidence can be original contract, digital logs such as emails, server logs. Photocopies, certified copies and oral accounts by someone who has seen the documents are considered as secondary evidences , explained in section 58 of BSA. The requirement of a certificate to allow electronic evidence to be adduced is now in section 63(4) of the BSA. Until now courts have insisted on seeing original documents rather than their electronic form . With the speedy development of technology in India, the rate of cybercrimes happening across the country have also accelerated due to which there was a dread need for new reforms. Before the commencement of BSA cyber offences were governed by the Information Technology Act, 2000, which addressed aspects like hacking, data breaches, and related offences.when the IT Act was used for cybercrimes, the admissibility of electronic evidence still relied on the older framework, meaning that digital evidence was subject to the same challengesâ€”certification and classification as secondary evidence. Cybercrimes also suffered from procedural delays. After the inception of BSA the framework is modernized in such a way that it will be able to tackle modern day cybercrimes.It enhanced digital prosecutionThe new legal framework introduces a broader definition for organized crime that now includes cyber offenses. This shift results in stricter penalties for cybercriminal activities; it's also integrated with the technology. This research ultimately seeks to address the reforms relating to electronic evidence and cybercrime.

KEYWORDS

Electronic evidence

Cybercrime

Secondary evidence

Indian Evidence Act,1872

Bhartiya Sakshay Adhiniyam,2023

Bridging Global Norms and Regional Realities: A Review of International Human Rights Instruments and Their Implementation in South Asia

2025-12-16T05:28:47+00:00

This article examines the framework of international human rights instruments and evaluates their implementation within the South Asian context. The region, comprising states such as India, Pakistan, Bangladesh, Nepal, Sriâ€¯ Lanka, Bhutan and the Maldives, is marked by diverse political systems, socioâ€‘economic challenges and cultural dynamics that significantly affect the enforcement of global human rights norms. While South Asian states are parties to key human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), the gap between ratification and effective domestic implementation remains substantial. This review explores the legal obligations of states under international law, examines institutional mechanisms for enforcement, highlights the challenges of regional enforcement, presents detailed countrychapters, and offers policy recommendations. It concludes that bridging global norms with regional realities demands robust domestic frameworks, stronger institutions, regional cooperation, and increased civil society engagement.