Author: PRASANNASRI26092001

PROTECTING INNOCENCE: LEGAL PERSPECTIVES ON CHILD TRAFFICKING IN INDIA

AUTHOR – SHRESHTHA PAWAIYA, LLM STUDENT AT AMITY UNIVERSITY MADHYA PRADESH

 BEST CITATION – SHRESHTHA PAWAIYA, PROTECTING INNOCENCE: LEGAL PERSPECTIVES ON CHILD TRAFFICKING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 944-947, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Child trafficking continues to be a critical human rights issue in India, affecting thousands of children annually. Despite constitutional provisions, multiple statutory safeguards, and international treaty obligations, enforcement gaps and systemic failures have limited the effectiveness of anti-trafficking measures. This research paper critically examines the Indian legal framework on child trafficking through a humanized lens, exploring how existing laws interact with real-world conditions faced by survivors. It analyzes key statutes, judicial pronouncements, policy mechanisms, and international commitments while identifying gaps in rehabilitation, enforcement, and victim protection. The paper emphasizes the urgent need for a coordinated, survivor-centric approach to eradicate trafficking and fulfill India’s constitutional promise of justice and dignity for all children.

FROM CUSTODY TO COFFIN: A LEGAL AUTOPSY OF STATE VIOLENCE

AUTHOR – PARIDHI JAIN, STUDENT AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

BEST CITATION – PARIDHI JAIN, FROM CUSTODY TO COFFIN: A LEGAL AUTOPSY OF STATE VIOLENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 937-943, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

WHO WILL POLICE THE POLICE?^[1]

What happens when the protectors of the law become its violators?

Custodial torture and death strike at the heart of the heart of constitutional democracy and the rule of law. In a country that enshrines the right to life and personal liberty under Article 21of ^[2]the Constitution of India, the routine abuse of power by law enforcement authorities raises serious legal and ethical questions.

The case of Rajakannu v. State of Tamil Nadu ^[3]is a stark reminder of a grim reality faced by marginalized individuals in the criminal justice system. It not only exposes the brutality of custodial violence but also underscores the judiciary’s critical role in upholding fundamental rights, awarding compensations and ensuring state accountability.

Indian Judiciary played a crucial role in preventing custodial torture through directives issued in various cases including D.K Basu Case^[4], Arnesh Kumar Singh Case^[5] and others. The main question, however, is whether the judiciary has given so many judgements for the prevention of custodial tortures and deaths, then why do we find cases related to these issues? Are these judgements just on paper and are not actually implemented in real life? Police is the executive body in India, and it is their role to execute the judgements given by the judiciary. The main issue in the case of Rajakannu v State of Tamil Nadu ^[6]was the death of Rajakannu due to custodial torture. Therefore, the main problem in this case was the investigation against the police themselves who are supposed to protect society and not become a threat to society.

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[1] Prem Chand (Paniwala) v. Union of India, AIR 1981 SC 613, (1981) 1 SCC 639 (India).

[2] INDIA CONST. art. 21.

[3] Rajakannu v. State of Tamil Nadu, H.C.P. No. 711 of 1993, (1994) 2 LW (Crl) 680 (Madras High Court).

[4] D.K. Basu v. State of W.B., (1997) 1 SCC 416, AIR 1997 SC 610 (India).

[5] Arnesh Kumar v. State of Bihar, AIR 2014 SC 2756, (2014) 8 SCC 273 (India).

[6] Rajakannu v. State of Tamil Nadu, H.C.P. No. 711 of 1993, (1994) 2 LW (Crl) 680 (Madras High Court).

ROLE OF FORENSIC NEUROLOGISTS IN DETERMINING BRAIN DEATH

AUTHOR – DHARANI. S & DR. ARUN KUMAR

* STUDENT AT TAMILNADU AMBEDKAR LAW UNIVERSITY

** CONSULTANT NEUROLOGIST AT GLEANGLES HEALTHCITY

BEST CITATION – DHARANI. S & DR. ARUN KUMAR, ROLE OF FORENSIC NEUROLOGISTS IN DETERMINING BRAIN DEATH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 893-936, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

             Until few decades ago, death was thought to be a definite point in time that marked the end of life. With the availability of ventilators, defining when death has happened is getting more challenging, as cessation of life functions is not always synchronous across organ systems. Neurological determination of brain death is a difficult assessment that nonspecialists and families may misunderstand. Recent guidelines define how to do such an evaluation and are available to clinicians, with the time of death in adults and children determined by the final defining test—the apnea test. With the availability of ventilators, defining when death has happened is getting more challenging, as the termination of life functions is sometimes not synchronous across organ systems. With increased access to intensive care units (ICUs) even in cities, and the government making it essential to notify brain death to facilitate cadaveric organ transplants, neurosurgeons and neurologists must thoroughly understand the nuances of brain death. International organizations have widely condemned the ethics of commercial organ donation and transplant tourism. The legal and ethical standards that we follow universally in organ donation and transplantation are particularly crucial for the future because they can be used to resolve controversies over developing sciences such as cloning, tissue engineering, and stem cells.

             The importance of early detection, the problems in the clinical diagnosis of brain death, the limitations of so-called confirmatory testing, and the moral and ethical issues will be discussed. This paper delves into the most recent guidelines and methods for detecting brain death, focusing on clinical assessments, brainstem reflex testing, and the use of supplementary tests. Further it aims to improve the competency of healthcare workers from many disciplines, encouraging an interprofessional approach to handling this difficult part of patient care. This research work also provides an insight to traverse the clinical, ethical, and legal challenges of brain death, resulting contemporary suggestions and upgradation in the existing framework. This study intends to pave the road for legislative reforms in India that control unethical practices and promote organ donation by critically assessing the current legal framework and relying on overseas experiences. This research paper delves into the multifaceted issues of organ transplantation in India, with the goal of proposing reforms to combat unethical practices and increase organ supply.

Key Words:Apnea testing, Neurological criteria, organ transplantation, brain stem

COCA-COLA’S BILLION-DOLLAR SECRET:  HOW TRADE SECRETS OUTPERFORM PATENTS

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

BEST CITATION – NIRBHAY AGGARWAL, COCA-COLA’S BILLION-DOLLAR SECRET:  HOW TRADE SECRETS OUTPERFORM PATENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 889-892, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Coca-Cola: More than Just Soda The Coca-Cola Co. is a non-alcoholic beverage company that manufactures, markets, and sells the said products. The company has a wide category of products, including sparkling soft drinks, water, enhanced water and sports drinks, juice, dairy, and plant-based beverages. Moreover, the company owns several brands under which these beverages are marketed globally, including Diet Coke, Fanta, Sprite, Minute Maid, De Valle, Aquarius, Dasani, etc. The company started in 1886 with Dr. John Pemberton in Atlanta, Georgia, where he experimented by mixing a syrup with carbonated water. The drink was then sold as a soda fountain drink for five (05) cents a glass. However, in 2024, the company had a revenue of $46.1 billion^[1].  The best product of the company is still Dr. John’s experiment of syrup mixed with carbonated water, which is considered traditional ‘Coca-Cola.’ This recipe/formula or the experiment by Dr. John is well well-guarded secret kept private for over 130 years now. The entire business of the company revolves around its secret recipe. Reports suggest that the recipe is kept in a secret vault in Coca-Cola’s headquarters. Dr. John shared this secret to a small group in the early 1900s, but never wrote it down on any paper. Since then, the core principle of Coca-Cola Co. is the keep their formula a secret and prevent the materials from being leaked. The individuals who get to know the formula must sign a strict Non-Disclosure Agreement (NDA). It is also believed that at once only two (02) individuals are allowed to know the actual formula of the recipe, who are never allowed to meet each other or even travel through any means at the same time.

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[1] Coca Cola, Forbes, https://www.forbes.com/companies/coca-cola/ (16 April 2025)

LEGAL CHALLENGES AND STRATEGIC APPROACHES TO TRADEMARK PROTECTION FOR SMALL BUSINESSES

AUTHOR – SHREYA PANDEY* & DR. BHAVNA BATRA**

* STUDENT AT AMITY UNIVERSITY NOIDA

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY NOIDA

BEST CITATION – SHREYA PANDEY & DR. BHAVNA BATRA, LEGAL CHALLENGES AND STRATEGIC APPROACHES TO TRADEMARK PROTECTION FOR SMALL BUSINESSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 886-888, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This chapter examines the pivotal function trademarks have in making small businesses successful and sustainable. Trademarks are a pillar of brand identity that allows companies to differentiate their goods and services within a competitive economy. They provide legal protection, promote customer loyalty, and help a company gain credibility and valuation. The chapter sets out the significance of early trademark protection, which not only protects the brand from infringement but also serves as a strategic tool for expansion, investment, and market growth. It explains the process of registering a trademark, highlighting pragmatic approaches such as wide classification and minimal colour claims to obtain broader protection. Furthermore, it emphasizes the need to promote marketing trademarks over digital media like social media and domain names in order to increase brand presence and build consumer connection. Competition protection and strategic legal symbol utilization such as ™ and ® are also addressed. Lastly, the chapter discusses the harsh consequences of trademark infringement, ranging from legal Lastly, the chapter discusses the harsh consequences of trademark infringement, ranging from legal repercussions to damage to reputation, and describes how effective trademark protection can boost investor confidence and open new business horizons.

Keywords: Trademarks, Small Businesses, Brand Identity, Trademark Protection, Trademark Infringement, Legal Protection

UNLEASHING DURGA: EXPLORING THE ROLE OF PRIVATE DEFENSE IN PROTECTING INDIAN WOMEN

AUTHOR – PUJA BANERJEE, ADVOCATE, ADAMAS UNIVERSITY

BEST CITATION – PUJA BANERJEE, UNLEASHING DURGA: EXPLORING THE ROLE OF PRIVATE DEFENSE IN PROTECTING INDIAN WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 880-885, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India is a nation where security is highly demanded and when it comes to women, it plays a crucial role. In our stereotype nation women always regarded as vulnerable beings where it’s easy for patriarchy to dominate and scare women and even to abuse them. So private defense plays a major role, it is a right which is available to every individual to secure themselves from any external harm or injury. Right of self-defense is based upon the general maxim that “necessity knows no law” and “it is primary duty of man to first help himself”.

Keyword: Private defense, Security, Women, India, Law

“ROLE OF JUDGES IN DEVELOPMENT OF LAW WITH REFERENCE TO REALIST THEORY”

AUTHOR – SAKSHI ANDHARE, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE, SAVITRIBAI PHULE PUNE

BEST CITATION – SAKSHI ANDHARE, “ROLE OF JUDGES IN DEVELOPMENT OF LAW WITH REFERENCE TO REALIST THEORY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 438-444, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

(Catchy opening line) Judges shape the law by interpreting legal principles, influenced by personal experiences and societal context, as per realist theory. Their rulings drive the dynamic evolution of legal norms to meet contemporary needs. (History) Legal realism, emerging in the early 20th century, challenged the formalist view of law as abstract rules. Pioneers like Holmes Jr. and Frank argued that judicial decisions are influenced by personal experiences and societal context, highlighting judges’ discretionary power. This movement has since shaped modern legal thought, emphasizing the dynamic nature of legal interpretation. (Present status) Judges play a crucial role in shaping laws to reflect contemporary societal values, with legal realism emphasizing judicial discretion and the impact of personal and contextual factors. This approach fosters a pragmatic and flexible legal system, adapting to modern complexities. Ongoing debates focus on balancing judicial independence with accountability and ensuring fair application of the law. (short Explanation) According to realist theory, judges shape the law by interpreting it through their personal experiences, biases, and societal contexts. This makes the law dynamic and adaptable, reflecting socio-economic interests and public policy. ( Research Problem) Researching judges’ roles in law development through realist theory is challenging due to subjective decision-making, personal biases, societal influences, and balancing judicial discretion with legal consistency.(Hypothesis) Judicial decisions, influenced by personal experiences and societal context, create a dynamic legal system that adapts to contemporary needs but can introduce variability and inconsistency.(Possible Reforms)Enhancing judges’ roles in law development can be achieved through rigorous training, increased transparency, a diverse judiciary, and clearer guidelines for judicial discretion.( Aims and Objectives) This research aims to analyze how judges shape legal principles through realist theory, examining its historical development, factors influencing judicial decisions, and the impact on legal consistency. It will also propose recommendations for enhancing judicial training, transparency, and diversity to improve legal outcomes.

KEY WORDS: JUDICIAL DISCRETION, LEGAL REALISM, LEGAL CONSISTENCY, ETC.

A CRITICAL ANALYSIS OF HOW THE RIGHT TO INFORMATION ACT EMPOWERS CITIZENS AND HOLDS PUBLIC AUTHORITIES ACCOUNTABLE

AUTHOR – V.R. KALYANI, STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES

BEST CITATION – V.R. KALYANI, A CRITICAL ANALYSIS OF HOW THE RIGHT TO INFORMATION ACT EMPOWERS CITIZENS AND HOLDS PUBLIC AUTHORITIES ACCOUNTABLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 426-437, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Right to Information (RTI) Act of 2005 is a landmark piece of legislation in India that fundamentally reshaped the relationship between the government and its citizens. This abstract analyzes how the RTI Act empowers ordinary citizens and holds public authorities accountable. At its core, the Act establishes a legal right for any Indian citizen to request information from a ‘public authority’—which includes all levels of government and even non-governmental organizations substantially funded by the government. This right to know is a powerful tool against corruption and maladministration, as it compels public officials to be more transparent about their decisions, spending, and operations.

The RTI Act enhances accountability by creating a practical, time-bound framework for information disclosure. Public authorities are required to appoint Public Information Officers (PIOs) to process applications and respond within a specified period, typically 30 days. The fear of public scrutiny and the statutory penalty for non-compliance act as a deterrent to arbitrary actions and negligence.

Furthermore, the Act promotes proactive disclosure of information, mandating that government departments regularly publish certain records, such as budgets, policies, and details of their functioning, on their websites. This reduces the need for individual requests and makes information more accessible to everyone. While the RTI Act has empowered citizens to expose scams, question policy decisions, and ensure the delivery of public services like pensions and ration cards, it faces challenges, including administrative delays, threats to activists, and attempts to dilute its provisions. Nonetheless, it remains a cornerstone of India’s democratic governance, fostering an informed citizenry and a culture of transparency.

Key Words: RTI, empower citizens, public authority, accountable

VINEET NARAIN VS. UNION OF INDIA (1998) 1 SCC 226

AUTHOR – DEEPAK SINGH, LAW STUDENT, VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES-TECHNICAL CAMPUS, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY (GGSIPU)

BEST CITATION – DEEPAK SINGH, VINEET NARAIN VS. UNION OF INDIA (1998) 1 SCC 226, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 422-425, APIS – 3920 – 0001 & ISSN – 2583-2344.

I.FACTS OF THE CASE

The case stemmed from a writ petition filed by activist Vineet Narain and others before the Supreme Court, raising serious concerns about institutional accountability and political interference in corruption investigations. The petitioners alleged that several high-profile corruption cases had been deliberately neglected due to undue influence over the Central Bureau of Investigation (CBI), which they claimed was functioning under political pressure and failing in its statutory duties.

The controversy intensified following the arrest of Ashfak Hussain Lone, allegedly affiliated with the terrorist group Hizbul Mujahideen, on March 25, 1991, in Delhi. His interrogation led the CBI to conduct raids on the premises of Surrender Kumar Jain and his associates, during which they seized two diaries and two notebooks documenting substantial payments made to individuals identified only by initials. These initials were believed to correspond to prominent politicians and senior bureaucrats, both in and out of power.

THE ROLE OF INDEPENDENT DIRECTORS IN CORPORATE GOVERNANCE

AUTHOR – AKHILESH KUMAR RAJAN, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – AKHILESH KUMAR RAJAN, THE ROLE OF INDEPENDENT DIRECTORS IN CORPORATE GOVERNANC, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 417-421, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The significance of independent directors in corporate governance has received considerable focus because of their capacity to improve transparency, accountability, and ethical practices in companies. Independent directors, characterized as nonexecutive board members without significant or financial connections to the company, offer impartial oversight and strategic direction. This article explores their diverse roles and essential input toward effective corporate governance. 

Independent directors are essential for overseeing management effectiveness, safeguarding shareholder interests, and ensuring adherence to legal and regulatory standards. They balance executive authority by examining choices and promoting a culture of responsibility. Their fiduciary responsibilities include the duty of care— highlighting informed and careful decision-making—and the duty of loyalty, which places the company’s interests above personal benefits. By meeting these responsibilities, independent directors tackle agency issues that stem from the misalignment between management and shareholder goals.  

The existence of independent directors is crucial for the effectiveness of the board. Their varied viewpoints and expertise question existing beliefs, avoid groupthink, and aid in making informed decisions. As unbiased assessors, they encourage lively debates, fostering an equitable board atmosphere where every perspective is taken into account. This dynamic encourages better governance results and boosts the board’s overall effectiveness.  

Independent directors play an essential role in overseeing compliance and managing risks. They oversee internal controls and financial reporting procedures, guaranteeing that systems exist to recognize, evaluate, and reduce risks that might affect the organization. Their responsibilities include ensuring adherence to regulatory standards, upholding corporate integrity, and protecting stakeholder interests. This supervision guarantees that organizations function openly and morally.  Keywords: Independent Directors, Corporate Governance, Companies Act 2013.