Author: PRASANNASRI26092001

“A STUDY ON INTER-STATE MIGRANT WORKERS IN HOTEL INDUSTRY WITH SPECIAL REFERENCE TO TIRUNELVELI DISTRICT”

AUTHOR – M. MATHAN, LLM STUDENT AT (LABOUR LAW AND ADMINISTRATIVE LAW), TAMILNADU DR. AMBEDKAR LAW UNIVERSITY CHENNAI – 13

BEST CITATION – M. MATHAN, “A STUDY ON INTER-STATE MIGRANT WORKERS IN HOTEL INDUSTRY WITH SPECIAL REFERENCE TO TIRUNELVELI DISTRICT”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 460-468, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The hospitality sector in India has witnessed unprecedented growth, creating substantial employment opportunities for inter-state migrant workers. This study examines the socio-economic conditions, working environment, and legal protection mechanisms for inter-state migrant workers in Tirunelveli district’s hotel industry. Using a mixed-method approach combining primary data from 75 respondents and secondary legal analysis, the research reveals significant challenges in labour rights implementation. The findings indicate that 66% of migrant workers experience wage deductions, 73% work overtime without adequate compensation, and 66% have faced workplace accidents. Despite existing legal frameworks including the Inter-State Migrant Workmen Act, 1979, and various ILO conventions, enforcement remains inadequate. The study identifies critical gaps between legislative provisions and ground-level implementation, with workers lacking awareness of their rights due to illiteracy and absence of trade union representation. Economic necessity drives 46% of migration decisions, with workers predominantly aged 21-25 years accepting substandard conditions. The research contributes to understanding migration dynamics in the hospitality sector and proposes comprehensive reforms including awareness programs, stricter enforcement mechanisms, and enhanced social security coverage. These findings have significant implications for policy formulation and labour rights advocacy in India’s expanding tourism economy.

Keywords: Inter-state migration, Hotel industry, Labour rights, Migrant workers, Tirunelveli, Social security, Working conditions

MAINTENANCE AND ALIMONY RIGHTS OF THE WIFE WHEN THE HUSBAND’S ASSETS ARE IN HIS PARENTS’ NAME

AUTHOR – NIRBHAY AGGARWAL, LL.B. STUDENT AT LLOYD LAW COLLEGE, GREATER NOIDA, UTTAR PRADESH, INDIA.

BEST CITATION – NIRBHAY AGGARWAL, MAINTENANCE AND ALIMONY RIGHTS OF THE WIFE WHEN THE HUSBAND’S ASSETS ARE IN HIS PARENTS’ NAME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 1011-1018, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In India, a wife’s right to maintenance is primarily governed under the Criminal Procedure Code 1908 (CrPC), now being replaced with the Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS), which ensures that after marriage, the person shall provide sufficient means to the wife, children, and parents who are unable to maintain themselves. Though this bare provision is vast, but still focuses on providing a crucial support mechanism to ensure financial support of the wife, especially when she is unable to maintain herself. These laws apply to all types of marriages in India, but if a Hindu marriage is practised, some laws also outline provisions for maintenance, particularly for wives living separately from their husbands under certain conditions. Due to constant interpretation of laws by the Supreme Court as per the changes in society in related subjects of marriage, while their approach in these sensitive matters has always promoted safety and maintenance of rights to women, it has been commendable. Laws and precedents related to the maintenance of children and the wife after divorce have acted as a pillar to support their financial needs to live a normal life even after divorce. There has been a continuous debate in society on the amount being given as maintenance and alimony by a husband to his wife after divorce, highlighting an increasing trend of men transferring assets (especially to parents) to avoid financial liability and the resulting legal complexity, due to which many individuals who are unaware of their rights and exploited and pressurized of settlements that are not at standardised level This paper highlights the recent trend and its implications, while trying to provide an ethical, reasonable solution along with details an individual should look into so that their interest can be safeguarded and the rights of women are prevailed as per the law.

Keywords: Right to Maintenance, Hindu Marriage, Alimony

COMPARITIVE STUDY OF BNSS AND CRPC: EMPHASIZING ON VITAL PROCEDURAL REFORMS

AUTHOR – VEDANTA MALLIK, STUDENT AT AMITY UNIVERSITY

BEST CITATION – VEDANTA MALLIK, COMPARITIVE STUDY OF BNSS AND CRPC: EMPHASIZING ON VITAL PROCEDURAL REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 847-892, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research comprehensively examines the transformative impact of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on India’s criminal justice system, indicating a transition from colonial-era legislation to address contemporary issues. The study investigates four critical reforms: Trials in Absentia, Redefining Criminal Complaints, Mechanisms of Mercy Petitions, and Digital Justice. The study evaluates, through a comparative analysis of historical precedents, international treaties, and judicial interpretations, whether the BNSS achieves an optimal balance between procedural efficiency and fundamental rights.

Trials in Absentia creates a structured way to deal with delays caused by the flight of accused people. It includes protections like mandatory notifications and legal representation. Still, there are worries about fairness in the process and the possibility of exploitation. The revised Criminal Complaints mandate compels magistrates to hear the accused before cognizance, which cuts down on pointless lawsuits but makes it harder to figure out when and how to employ specialized provisions. Mercy Petitions now set deadlines to help with chronic delays, but there are still ethical issues with presidential discretion that need to be worked out.  Digital Justice uses technology like electronic summons, virtual testimonies, and forensic advances, but it also faces problems like digital inequities and cybersecurity concerns. The dissertation focuses on the BNSS’s victim-centered approach, but it also points out problems with the process that could hurt the rights of the accused.  It emphasizes the need for clear courts, strong infrastructure, and moral leadership to make sure that the improvements lead to a modern, equitable criminal justice system.  The BNSS is a significant step forward in the law, but it will only work if it is carefully carried out, constantly changed, and firmly committed to the fundamental principles of fairness and human dignity

PRIVACY, PROPORTIONALITY, AND THE CORPORATE PANOPTICON

AUTHOR – PREKSHA JAIN* & SUJAL CHHAJED**

* RENAISSANCE LAW COLLEGE, INDORE

** NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – PREKSHA JAIN & SUJAL CHHAJED, PRIVACY, PROPORTIONALITY, AND THE CORPORATE PANOPTICON, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 445-458, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper applies Michel Foucault’s theoretical framework of biopower to examine how contemporary corporate cybersecurity policies function as sophisticated mechanisms of employee control and discipline within organizational hierarchies. Drawing upon Foucault’s conceptualization of disciplinary power, panopticism, and the transformation of bodies into “docile subjects,” this research interrogates the extent to which cybersecurity governance has evolved beyond mere technical protection to constitute a pervasive system of surveillance capitalism that fundamentally alters the employer-employee relationship. The analysis particularly focuses on the evolving role of company secretaries as governance professionals who must navigate the delicate equilibrium between organizational security imperatives and the constitutional right to human dignity, especially within the Indian legal framework following the landmark Puttaswamy judgment and the enactment of the Digital Personal Data Protection Act, 2023. Through systematic examination of contemporary cybersecurity policies, employee monitoring technologies, and regulatory compliance mechanisms, this paper argues that corporate cybersecurity has metamorphosed into a form of biopower that operates through disciplinary technologies to produce normalized, self-regulating subjects rather than merely protecting digital assets. The research contributes to the growing body of interdisciplinary scholarship examining the intersection of corporate governance, employee rights, and surveillance technologies while proposing a normative framework for company secretaries to fulfil their fiduciary duties without compromising fundamental human dignity principles.

Keywords: Corporate biopower, panoptic surveillance, algorithmic governance, disciplinary mechanisms, employee dignity.

APEX COURT RULING ON UNILATERAL ARBITRATOR APPOINTMENTS: ENSURING NEUTRALITY IN INDIAN ARBITRATION

AUTHOR – ELEENA EAPEN , STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – ELEENA EAPEN, APEX COURT RULING ON UNILATERAL ARBITRATOR APPOINTMENTS: ENSURING NEUTRALITY IN INDIAN ARBITRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 1005-1010, APIS – 3920 – 0001 & ISSN – 2583-2344.

Facts

1. The case revolved around a contractual dispute arising from a construction contract awarded by the Union of India (COFRE) to a private company (JV) for work valued at ₹165.67 crores.
2. The said contract, dated 20.09.2010, contained an arbitration clause under Clause 64 of the General Conditions of Contract (G.C.C.), which was subsequently modified by the Railways through a notification dated 16.11.2016 following the enactment of the Arbitration and Conciliation (Amendment) Act, 2015 (hereinafter the “Act“).
3. The modification stipulated that disputes would only be resolved by a three-member arbitral tribunal comprising either serving Railway officers or a mix of serving and retired officers, provided that the parties waive the applicability of Section 12(5) of the Act.
4. The work could not be completed by the respondent company within the stipulated time, resulting in the issue of termination notices by the Railways on 18.10.2017 and 27.10.2017. The contract was subsequently terminated on 01.11.2017 with forfeiture of security deposit.
5. The respondent challenged the termination, but the court dismissed it, directing the respondent to invoke arbitration. Thereafter, on 27.07.2018, the respondent invoked arbitration, claiming ₹73.35 crores and requesting the appointment of arbitrators.
6. In response, COFRE sent two separate panels for the selection of arbitrators:
7. A panel of four currently serving Railway officers (as per Clause 64(3)(a)(ii), subject to waiver of Section 12(5)).
8. After the refusal by the respondent to waive Section 12(5), the second panel of four retired Railway officers (under Clause 64(3)(b)).

7. Instead of making a selection from the provided option, the respondent opted to filed a petition in accordance to Section 11(6) of the Act before the Allahabad High Court, requesting for the appointment of an independent sole arbitrator, by stating that the Railways’ panel-based system violated Section 12(5). The High Court granted relief and appointed a retired High Court judge arbitrator (03.01.2019), thus overruling the G.C.C.’s mechanism.
8. Aggrieved by the decision, the appellant appealed to the Apex Court, which upheld the appointment process by CORE, rejecting ECI’s reliance on TRF Ltd. (2017), where it was held that an ineligible arbitrator cannot nominate another. However, in Tantia Constructions (2021), the Court disagreed with ECI-SPIC, prompting a request for a larger Bench review. Similarly, in JSW Steel (2022), the Court reaffirmed the need for a larger Bench to reassess the issue.

THE INTEGRATED ROLE OF CYBER FORENSICS AND INDIAN LAWS TO ENSURE WOMEN’S SAFETY IN DIGITAL AGE AND CHALLENGES

AUTHOR – ISHAN ANAND, STUDENT, B.A.LL.B (VIII SEMESTER), GALGOTIAS UNIVERSITY

BEST CITATION – ISHAN ANAND, THE INTEGRATED ROLE OF CYBER FORENSICS AND INDIAN LAWS TO ENSURE WOMEN’S SAFETY IN DIGITAL AGE AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 991-1004, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

There exists a singular universal truth that holds true across all nations, cultures and communities: the perpetration of violence against women is inherently unacceptable, inexcusable and intolerable².

The expanding influence of the Internet, the swift proliferation of information and communication technologies (ICTs) and the widespread use of electronic devices such as mobile phones, computers, tablets, Bluetooth and data storage devices coupled with the extensive reach of social media have introduced novel challenges in addressing violence against women and girls. The trend of physical crime against women has shifted to hybrid crime model leading to rise in threat against women.

The rise of cybercrime has become a global issue with profound implications for societies and economies worldwide. This phenomenon poses threats to the peace and prosperity of individuals, particularly jeopardizing the goals of inclusive and sustainable development underpinned by fundamental human rights that underscore gender equality.

To address these issues Government of India has come up specifically with the I.T Act³ and D.P.D.P Act ⁴ along with amendments in IPC⁵, CRPC⁶ and IEA⁷ now BNS⁸, BNSS⁹ and BSA¹⁰ respectively but these laws would be of no use without the help of cyber forensic which is used to collect concrete evidence against the perpetrator and present an air tight case in the court of law. Computer forensics is defined as the systematic process of identifying, collecting, preserving, analyzing and presenting digital evidence in a manner that is admissible in a court of law.

The paper meticulously explores the current state of Cyber Legislation and integration of Cyber forensics in it, aimed at safeguarding the interests and well-being of women in India. Additionally, it advocates for a heightened and refined Cyber Legislation framework recognizing the imperative need to address multifaceted challenges and intricacies.

Keywords: Cyber Crime, Cyber Forensics, Admissibility of Electronic Evidence

TRANSPARENCY AND ACCOUNTABILITY: THE CONSTITUTIONAL UNDERPINNINGS OF INDIA’S RIGHT TO INFORMATION

AUTHOR – SUBIKSHA ANANTHARAJ, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SUBIKSHA ANANTHARAJ, TRANSPARENCY AND ACCOUNTABILITY: THE CONSTITUTIONAL UNDERPINNINGS OF INDIA’S RIGHT TO INFORMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 981-990, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Right to Information Act of 2005 is a milestone in India’s democratic experience, revolutionizing the culture of administration from bureaucratic secrecy to one of open government and participatory democracy. Grounded in Article 19(1)(a) of the Constitution, the Act roots the right of the citizen to know as a fundamental component of democratic accountability. The article critically examines the constitutional and jurisprudential foundations of the RTI in light of path-breaking judgments such as State of U.P. v. Raj Narain, S.P. Gupta v. Union of India, and People’s Union for Civil Liberties v. Union of India, which collectively established the doctrinal pillars for an effective regime of information. It also critiques the key provisions of the Act, judicial interpretations, and institutional arrangements highlighting its potential to curb corruption, enhance public accountability, and empower citizens to actively participate in the process of governance. At the same time, the study also addresses challenges such as bureaucratic resistance, procedural barriers, and institutional failures that limit the full enforcement of the Act. It also traces the imperative role of civil society in supporting the RTI edifice against erosion and generating public awareness. Lastly, the paper evaluates whether the Act has realized its transformative potential and argues that its abiding vibrancy depends upon persistent legal, administrative, and civic commitment to norms of open government.

Key words: Right to Information, Transparency, Accountability, Article 19(1)(a), RTI Act, Participatory Governance, Indian Constitution, Civil Administration.

PHARMACEUTICAL PATENTS AND PUBLIC HEALTH

AUTHOR – AMRIT KUMAR SINGH, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – AMRIT KUMAR SINGH, PHARMACEUTICAL PATENTS AND PUBLIC HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 974-980, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The relationship between pharmaceutical patents and public health represents one of the most critical and contested intersections in contemporary legal, economic, and ethical discourse. Pharmaceutical patents, by granting exclusive rights to inventors for a limited period, have played a pivotal role in fostering innovation, encouraging investment in research and development (R&D), and driving advancements in medical science.^[1] At the same time, these exclusive rights raise significant concerns about access, affordability, and equity, especially in contexts where life-saving medicines are priced beyond the reach of millions. This tension between the private interests of patent holders and the collective needs of public health forms the core of a complex and enduring policy dilemma.^[2]

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[1] Agreement on Trade-Related Aspects of Intellectual Property Rights (adopted 15 April 1994, entered into force 1 January 1995) 1869 UNTS 299, art 27.

[2] Carlos M Correa, Intellectual Property and Public Health in the Developing World (OUP 2016) 45.

PLATFORM LIABILITY AND BRAND PROTECTION MECHANISMS

AUTHOR – ARPIT KUSHWAHA, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – ARPIT KUSHWAHA, PLATFORM LIABILITY AND BRAND PROTECTION MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 967-973, APIS – 3920 – 0001 & ISSN – 2583-2344.

Responsibilities of Online Marketplaces

Online marketplaces play a significant role in protecting brand image for both sellers and buyers. Their responsibilities include:

1. Enforcing Brand Protection Policies:
   1. Marketplaces need to establish and enforce policies that protect

brands from counterfeiting, trademark infringement, and misleading product listings.

• Many platforms have reporting mechanisms where brands can flag counterfeit or unauthorized products.

A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU

AUTHOR – RA. HINIA MIRZHA* & SANDHIYA SHREE. U**

STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI- 600077

BEST CITATION – RA. HINIA MIRZHA & SANDHIYA SHREE. U, A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 948-967, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Police accountability and the use of force are the basic concerns that form the public’s belief in the law enforcement department. The point of police officers using excessive force has been a prominent matter, particularly in societies Struggling for justice, equality, and Human rights. The excessive use of force by police have aroused public outcry and brought up crucial and fundamental questions about police accountability, in the place where enforcement of law has to serve and protect the public from police brutality. Notable cases in the state of Tamil Nadu have emphasized root causes in prosecuting police officers for excessive use of force. The Tamil Nadu Police (Reforms) Act, 2013, was a significant statutory effort to enhance accountability in accordance with orders and guidelines from the Supreme Court of India. However, challenges remain. The main aim of this research is to study the varied challenges in prosecuting police officers for excessive use of force. Different articles and books were referred for Review of literature relating to the use of force and police accountability. By incorporating a non-doctrinal research method, the study explores empirical observations and pragmatic suggestions to focus on the challenges. The samples collected from the general public through an online mode of survey with independent and dependent variables. Victims of police violence in Tamil Nadu are reluctant to report incidents due to fear of consequences, The legislations in Tamil Nadu are sufficient but not implemented properly to focus on police misconduct, separate Investigative departments are important in Tamil Nadu to ensure police accountability and reduce excessive force are the dependent variables used. Also have used statistical tools to interpret the data. The result observed from the study is that Fear of retaliation from the police, Inaccessibility of legal Aid are the main challenge for victims in reporting police violence. Strengthening accountability procedures and Improving transparency in investigations are two important aspects to resolve police misconduct. Instituting Independent oversight departments for police accountability and initiating Compulsory Human rights training for police officers are basic recommendations to decrease the instances of police misconduct.

Keywords : Accountability, prosecution, police officers, challenges, force.