Author: PRASANNASRI26092001

LEGAL GAPS IN WHISTLEBLOWER PROTECTION WITHIN PRIVATE COMPANIES: A COMPARATIVE STUDY OF INDIA, THE UNITED KINGDOM, AND THE UNITED STATES

AUTHOR – AASHUTOSH AMAN, STUDENT AT AMITY UNIVERSITY

BEST CITATION – AASHUTOSH AMAN, LEGAL GAPS IN WHISTLEBLOWER PROTECTION WITHIN PRIVATE COMPANIES: A COMPARATIVE STUDY OF INDIA, THE UNITED KINGDOM, AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 263-267, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

By revealing information about misconduct, corruption, or other unethical practices within companies, whistleblowers contribute significantly to the transparency and accountability of corporate governance. The legal safeguards for whistleblowers, especially those working for private companies, are still insufficient in many jurisdictions. The legal frameworks governing whistleblower protection in the US, UK, and India are compared in this paper, which also identifies important statutory provisions, court rulings, and current legal protection gaps in private companies. The analysis shows that India and the US have serious shortcomings when it comes to providing protection to private sector workers, whereas the UK offers the most comprehensive statutory protection through the Public Interest Disclosure Act 1998. Recommendations for changing whistleblower laws to improve corporate transparency and employee protection worldwide are included in the paper’s conclusion.

KEYWORDS: Whistleblower Protection, Private Sector, Corporate Governance, Public Interest Disclosure Act, Dodd–Frank Act, Corporate Transparency

THE DOCTRINE OF BASIC STRUCTURE OF THE CONSTITUTION OF INDIA

AUTHORS – GARIMA & HANISHA SULODIA

RESEARCH SCHOLARS AT FAIRFIELD INSTITUTE OF MANAGEMENT AND TECHNOLOGY

BEST CITATION – GARIMA & HANISHA SULODIA, THE DOCTRINE OF BASIC STRUCTURE OF THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 257-262, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Indian Constitution is the longest and most precious living document of India. It structures governance, safeguards rights and allocates powers among various parts of the state. But there has always been an open debate about how far Parliament can go in amending the Constitution. The idea of Basic Structure propounded through judicial construction is a significant concept in Indian constitutional law. It explains that Parliament can amend all , Article 368 is a power and Parliament can alter any provision of the Constitution, but not its basic structure or essential features. This principle serves as a shield against authoritarianism, preserving the Constitution’s fundamental nature irrespective of the alterations in political circumstances. 

The Indian Constitution is an inspired document that emerged from India’s struggle for independence and the hard work of its founding fathers. This doctrine originated from the famous Kesavananda Bharati case (1973).. This decision marked a crucial moment in Indian constitutional law. It ensures that although the Constitution can change, it cannot be dismantled by temporary political majorities.

The framers gave Parliament broad amending powers under Article 368, but they did not clearly state if there were any limits to this power. This uncertainty triggered several court cases, starting with Shankari Prasad v. Union of India (1951) and ending with the Keshvananda Bharati case. In this case, the Supreme Court decided that Parliament could not change the basic features of the Constitution. The doctrine then became a judicial guard against authoritarianism. It helps ensure that core values like democracy, the rule of law, secularism, and judicial independence are protected from political interference.

KEYWORDS– Basic structure, Constitution, Amendment, Judicial Review

ANALYSIS OF COPYRIGHT LAW IN MUSIC INDUSTRY

AUTHOR – SUKRITI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY PATNA, BIHAR

BEST CITATION – SUKRITI, ANALYSIS OF COPYRIGHT LAW IN MUSIC INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 244-256, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides a comprehensive overview of copyright in the music industry, examining its foundational principles, exclusive rights, ownership structures, and evolving challenges, particularly in the digital era. It establishes copyright, under the Indian Copyright Act, 1957, and global norms, as a crucial form of intellectual property protection for both the Musical Composition (melody and lyrics) and the Sound Recording (the actual performance). The exclusive rights conferred include reproduction, public performance, distribution, and the creation of derivative works, categorized into economic rights (for commercial exploitation) and inalienable moral rights (paternity and integrity).

The paper highlights the importance of copyright in protecting creators’ interests, providing economic incentives through licensing and royalties, and encouraging investment and cultural preservation. It details the rules of ownership and duration, noting that composition copyright lasts for the author’s life plus 60 years, while sound recording copyright lasts for 60 years from publication.

A significant focus is placed on licensing, which is essential for monetization and legal use. Key license types discussed include Reproduction, Public Performance, Mechanical, Synchronization (Sync), and Master Use licenses. The role of Licensing Agencies (like PROs) in administration, royalty collection, and granting blanket licenses is emphasized.

The paper addresses the Digital Era Challenges, including complex jurisdictional laws, revenue distribution disputes on streaming platforms, and the pervasive issue of piracy and unauthorized use in user-generated content (UGC). It also explores Infringement through landmark case laws, noting that “substantial similarity” is key, and outlines crucial Exceptions and Limitations, particularly the principle of Fair Dealing for criticism, research, and educational purposes. Finally, it examines the International Perspective, highlighting the harmonizing roles of WIPO and the Berne Convention, and discusses the contemporary challenges posed by Technology and AI, particularly regarding ownership and infringement in AI-generated music and sampling.

Keywords Copyright, Music Industry, Intellectual Property, Musical Composition, Sound Recording, Economic Rights, Moral Rights, Licensing, Royalties, Synchronization License, Public Performance Rights, Digital Era, Piracy, Infringement, Fair Use, Fair Dealing, WIPO, Berne Convention, AI-Generated Music.

GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW IN INDIA: CHALLENGES UNDER THE COPYRIGHT ACT

AUTHOR – ARYA KASHYAP, STUDENT AT AMITY LAW SCHOOL AMITY PATNA

BEST CITATION – ARYA KASHYAP, GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW IN INDIA: CHALLENGES UNDER THE COPYRIGHT ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 236-243, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid evolution of generative artificial intelligence (AI) presents complex challenges for India’s copyright regime under the Copyright Act, 1957, which was enacted in a pre-AI era. This paper examines key legal questions concerning authorship, ownership, originality, and liability in relation to AI-generated works. It argues that while the Act recognises “computer-generated works,” it presupposes human authorship and creative input, making purely AI-generated outputs fall into a legal grey zone. The study analyses issues surrounding training of AI models on copyrighted data, potential infringement, and the adequacy of existing statutory provisions. It also reviews comparative international approaches and evaluates India’s official stance that current laws are sufficient. The paper concludes that legislative clarification or policy guidelines are essential to ensure a fair balance between human creativity, innovation, and intellectual property protection in the age of AI.

Keywords: Artificial Intelligence, Copyright Law, Authorship, Originality, Intellectual Property, Indian Copyright Act, 1957

ROLE OF GEOGRAPHICAL INDICATIONS IN RURAL DEVELOPMENT IN INDIA

AUTHOR – PIYUSH KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – PIYUSH KUMAR, ROLE OF GEOGRAPHICAL INDICATIONS IN RURAL DEVELOPMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 226-235, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Rural development lies at the core of India’s economic and social progress, with the majority of its population still residing in villages. Yet, true rural growth extends beyond roads and infrastructure—it means empowering communities to sustain livelihoods, preserve traditions, and participate in the modern economy with dignity. This paper explores the transformative role of Geographical Indications (GIs) as catalysts for inclusive and sustainable rural development in India. A GI is a special form of intellectual property that links a product to its specific geographical origin, reflecting its unique qualities, reputation, and traditional know-how. Through examples such as Darjeeling Tea, Kanchipuram Silk, and Pochampally Ikat, the paper highlights how GIs can elevate rural incomes, generate employment, and protect cultural identity. Drawing insights from Bhatia-Kalluri (2021), Nayak et al. (2010), and Abreu et al. (2021), it examines GIs not merely as legal protections but as tools for economic empowerment, social inclusion, and environmental sustainability. The discussion also explores synergies between GIs, Information and Communication Technologies (ICTs), Nayak, S. K., Thorat, S. B., & Kalyankar, N. V. (2010). Nayak, S. K., Thorat, S. B., & Kalyankar, N. V. (2010). and e-commerce platforms, which are expanding market reach and visibility for rural producers. Despite their potential, challenges such as low awareness, digital illiteracy, weak institutions, and uneven benefit distribution persist. The paper concludes that integrating GIs with digital empowerment, strong policy support, and participatory governance can help bridge the rural–urban divide and promote long-term, inclusive rural development across India.This paper explores the significance of GIs in enhancing rural entrepreneurship,employmentgeneration, and cultural preservation. By providing legal protection against unauthorized use, GIs help maintain product authenticity and improve competitiveness in domestic and global markets. Moreover, when combined with Information and Communication Technologies (ICTs)ande-commerce platforms, GIs enable rural artisans and farmers to access wider markets and secure better returns for their craftsmanship. The study draws upon reports from WIPO, FAO, IFAD, and the Government of India, along with academic research by Das (2010)^[1], Gangjee (2012), and Singh (2021), to highlight how GIs contribute to sustainable rural development.

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[1] Nayak, S. K., Thorat, S. B., & Kalyankar, N. V. (2010).

COMPULSORY LICENSING IN INDIA: A CRITICAL ANALYSIS POST–NOVARTIS V. UNION OF INDIA

AUTHOR – SHAMBHAVI SINGH, STUDENT AT AMITY LAW SCHOOL/AMITY UNIVERSITY PATNA,BIHAR

BEST CITATION – SHAMBHAVI SINGH, COMPULSORY LICENSING IN INDIA: A CRITICAL ANALYSIS POST–NOVARTIS V. UNION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 218-225, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This research paper examines the balance between patent protection and public health through the lens of compulsory licensing (CL) under the Indian Patents Act, 1970. It explores how CL serves as a legal mechanism to ensure affordable access to essential medicines while preserving incentives for innovation. The study traces the historical evolution of India’s CL framework, its alignment with international norms under the TRIPS Agreement and the Doha Declaration, and its practical application in landmark cases such as Bayer v. Natco and Novartis v. Union of India. It further analyzes the post-Novartis landscape, highlighting trends, challenges, and India’s cautious yet principled stance amid global trade pressures. The paper concludes with policy recommendations aimed at strengthening transparency, defining affordability standards, and enhancing institutional capacity. Ultimately, it argues that compulsory licensing remains a vital policy tool ensuring that the patent system functions not only to reward innovation but also to uphold the public’s right to health and equitable access to life-saving medicines.

Keywords: compulsory licensing, TRIPS, Patent act, Doha declaration, commercial, Public health, Patents,

MISUSE AND MANIPULATION OF CSR FUNDS: LEGAL GAPS AND ENFORCEMENT CHALLENGES

AUTHOR – RAVI RANJAN, STUDENT AT AMITY LAW SCHOOL, PATNA

BEST CITATION – RAVI RANJAN, MISUSE AND MANIPULATION OF CSR FUNDS: LEGAL GAPS AND ENFORCEMENT CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 207-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Corporate Social Responsibility (CSR) in India was conceived as a mechanism for translating corporate success into real social good. Ever since it was made obligatory in a statutory form under Section 135 of the Companies Act in 2013, it has mandated some companies to set aside a proportion of their profits for socially beneficial initiatives. While the intent was praiseworthy, the results have been, on the whole, disappointing. Untoward incidents relating to the misuse of CSR funds, politicization of initiatives, and opaque practices have been commonplace, and raise serious issues about accountability and the adequacy of the legal framework. This article addresses these issues in the context of practices in private and public sectors and illustrates how weak enforcement and self-reporting create a social responsibility deficit. Other than self-reporting, the author addresses the potential of compliance audits, judicial activism, and policy reforms to improve the direction of funds and social profitability. Through a review of literature, statutory analysis and study of compliance frameworks, the paper highlights the pernicious gap between genuine CSR and mere financial outlay.The objective is to develop a governance model that fosters real social accountability, enhances openness, and propels CSR in India from a mere compliance-focused activity to a catalyst for enduring social change.

Keywords:

Corporate Social Responsibility, CSR fund diversion, India, Section 135 Companies Act 2013, accountability, transparency, audit mechanisms, political influence, legal enforcement

MODERN DAY TECHNOLOGIES IN CRIMINAL INVESTIGATION

AUTHOR – SHAIK KHAJA GHAREEBAN NAWAZ S, B.S.ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, VANDALUR, CHENNAI

BEST CITATION – SHAIK KHAJA GHAREEBAN NAWAZ S, MODERN DAY TECHNOLOGIES IN CRIMINAL INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 201-206, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The field of criminal investigation has evolved significantly in recent years due to the advancements in technology. The use of technology has revolutionized the way criminal investigations are conducted, from gathering evidence to analyzing and presenting it in court. With new tools and techniques, law enforcement agencies now have more efficient and effective means to solve crimes and bring criminals to justice. One of the key ways technology has impacted modern criminal investigations is through the use of digital evidence. With the rise of the digital age, criminals are increasingly using digital devices and platforms to commit crimes. This has created a vast amount of digital evidence that can be used by law enforcement agencies to investigate and solve crimes. Digital evidence includes data from cell phones, computers, social media, and other electronic devices.

JUDICIAL PROTRACTION, CHILDHOOD SUBVERTED: ANALYZING THE IMPACT OF TRIAL DELAY ON POCSO VICTIMS AND REHABILITATION CONTINUITY

A FORMAL ANALYSIS OF SYSTEMIC FAILURES AND THE CRISIS OF EXPEDITED JUSTICE IN INDIA

AUTHORS – TEJESHVI SRIVASTAV* & ANKUSH SRIVASTAVA**

* STUDENT AT CITY LAW COLLEGE, CHINHUT

** STUDENT AT BABU BANARASI DAS UNIVERSITY

BEST CITATION – TEJESHVI SRIVASTAV & ANKUSH SRIVASTAVA, JUDICIAL PROTRACTION, CHILDHOOD SUBVERTED: ANALYZING THE IMPACT OF TRIAL DELAY ON POCSO VICTIMS AND REHABILITATION CONTINUITY – A FORMAL ANALYSIS OF SYSTEMIC FAILURES AND THE CRISIS OF EXPEDITED JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 194-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter 1: Introduction and Conceptual Framework

1.1 The POCSO Act: The Legislative Mandate for Expediency

The Protection of Children from Sexual Offences (POCSO) Act, 2012, represents a critical legislative measure instituted by the Indian Parliament to establish a child-centric framework for addressing sexual abuse. A foundational requirement of this legislation is stipulated in Section 35(2), which mandates that trial proceedings must be concluded, “as far as possible, within a period of one year from the date of taking cognizance.” This strict timeline underscores a core legislative principle: that prolonged judicial engagement severely compromises the developmental and psychological well-being of the child victim. The objective of the Act is dual: to ensure the punishment of perpetrators and the protection and restorative rehabilitation of child survivors. This commitment is further buttressed by Article 39(f) of the Constitution [Source Ref: Article 39(f)], which directs the State to ensure that children are given opportunities to develop in a healthy manner, a principle directly undermined by judicial protraction.

INHUMANE TREATMENT OF PRISONERS IN JAIL IN INDIA

AUTHOR – MUSKAAN MALIK, STUDENT AT GGSIPU

BEST CITATION – MUSKAAN MALIK, INHUMANE TREATMENT OF PRISONERS IN JAIL IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 189-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study’s goal is to show the outcomes of a thorough investigation into how badly inmates are treated in India, along with the causes and effects of this abuse.  This scientific study will take a close look at the main issues that still remain in the prison setting.   Overcrowding, being locked up for long periods of time before a trial, torture and deaths in custody, bad health care and cleanliness, and not having access to basic needs based on age and gender are some of the problems with prisons. To reach its goals, this study uses official records, investigations by international non-governmental groups, important Supreme Court decisions, and academic literature. This page completely describes the laws, rules, and attempts to change things that are currently in place to fix these systemic issues. They are meant to help us deal with the issues that have been brought up. When these problems are looked at in the bigger picture of civil law and human rights, the study shows how the laws are not always carried out the way they are supposed to be. This is done to help people understand the problem better. Based on the evidence, the study ends with ideas for changes to the law, the way the government is set up, and how the courts watch over things. The ideas here are based on facts. The goals of these ideas are to make sure that India’s courts follow the constitutional rights to justice and dignity, as well as human rights standards that are recognized all over the world.  Some of these claims are based on religious views and others on facts from the real world