Author: PRASANNASRI26092001

  • HARMONIOS INTERPRETATION OF THE PATENTS ACT, 1970 AND THE COMPETITION ACT, 2002

    HARMONIOS INTERPRETATION OF THE PATENTS ACT, 1970 AND THE COMPETITION ACT, 2002

    AUTHOR – ASHI YADAV, STUDENT AT SRMS COLLEGE OF LAW, BAREILLY

    BEST CITATION – ASHI YADAV, HARMONIOS INTERPRETATION OF THE PATENTS ACT, 1970 AND THE COMPETITION ACT, 2002, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 468-472, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The paramount objective of the article is to provide an insight about the positive relationship between The Patents Act, 1970 and The Competition Act, 2002 under Indian legal provisions which are often considered to work in opposite of each other’s aim but in reality they complement each other. When analysed thoroughly, their provisions regarding promotion of innovation in relation to the public welfare, they stand on the same pace. The author has compiled the relevant statutory provisions of The Patents Act, 1970 and The Competition Act, 2002 particularly about the complementary relationship between the compulsory licensing and the prohibition of Monopolistic practices, aiming to promote public welfare.

    Keywords – Patents, Fair Competition, Monopolistic practices, Compulsory Licensing

  • A STUDY ON THE INFLUENCE OF ADVERTISEMENTS ON CONSUMER BRAND PREFERENCES

    A STUDY ON THE INFLUENCE OF ADVERTISEMENTS ON CONSUMER BRAND PREFERENCES

    AUTHOR – SHAKTHITHARAN. D, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA UNIVERSITY

    BEST CITATION – SHAKTHITHARAN. D, A STUDY ON THE INFLUENCE OF ADVERTISEMENTS ON CONSUMER BRAND PREFERENCES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 457-465, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract:

    Advertising plays a crucial role in shaping consumer brand preferences, yet the mechanisms through which advertisements influence consumer behavior are multifaceted and complex. This study aims to investigate the impact of advertisements on consumer brand preferences through a comprehensive review of literature and empirical analysis. The literature review examines theoretical frameworks, empirical studies, and regulatory initiatives related to advertising and consumer behavior, providing insights into factors influencing the effectiveness of advertising, such as message content, emotional appeals, and media channels. Additionally, the review explores government initiatives aimed at regulating advertising practices and protecting consumers from misleading or harmful advertisements. Empirical analysis involves surveying a diverse sample of consumers to assess the influence of advertising on brand awareness, attitudes, and purchase intentions. Results indicate a significant correlation between advertising exposure and consumer brand preferences, highlighting the importance of strategic advertising efforts in building brand equity and driving consumer purchase decisions. The findings of this study have important implications for marketers, policymakers, and researchers, informing the development of more effective advertising strategies, regulatory policies, and future research directions in the field of advertising and consumer behavior.

    Key words: Advertising, Consumer behavior, Brand preferences, Brand awareness

  • A STUDY ON ENCROACHMENT BY RELIGIOUS INSTITUTIONS ON PUBLIC LANDS

    A STUDY ON ENCROACHMENT BY RELIGIOUS INSTITUTIONS ON PUBLIC LANDS

    AUTHOR – GOWRI SHANKARI. R* & VIJAYARAGHAVAN. K**

    * ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES, PALLAVARAM, CHENNAI – 600117

    ** LL.B., VISTAS ALUMNI (3 YEARS LL.B., B-SECTION 2022-2025)

    BEST CITATION – GOWRI SHANKARI. R & VIJAYARAGHAVAN. K, A STUDY ON ENCROACHMENT BY RELIGIOUS INSTITUTIONS ON PUBLIC LANDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 448-456, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The article aims in highlighting the judicial commitment towards preserving the goals of government to curb unauthorized occupation of government lands from all modes of encroachment including encroachment by religious institutions. The civic, municipal and rural administration should attempt at the grass root level to protect and prevent the government lands from encroachments. The public administration holds the responsibilities to identify the encroachment at the initial stage with the coordination of respective Revenue and Disaster Management Department for necessary actions taken jointly under due procedures. While in the present scenario were encroachment had not been prevented in the budding stage by the civic administration, the task of evicting the encroachers or to safeguard the government lands from the encroachers occupies a lengthy litigation process. The lethargic attitude of enforcement officials to curb the encroachment result in loss to the exchequer money, and subsequent attempt in removing the encroachment leads to humiliate the sentiments of religious feeling. Tamil Nadu government released statistics stating that over 3,000 places of worship were built on public places, with reference to high court order of Madras. Failure in upholding rule of law by the administration entrusted by the respective State government, forces the judiciary to reinstating the justice through its decisions against encroachment. The verdict delivered by the court incorporates judicial caution to avoid any unintended overreach in their judgment when acting on encroachment. This attitude of courts indicates promotion of social justice and welfare in accordance with the government policies. The Supreme Court plays a pivotal role in eradicating encroachment by religious institution and through any other forms in the country.

    Key words:

    Encroachment; public places; temple; mosque; church; gurudwar; shrine

  • SUSTAINABLE FINANCE AND ESG INTEGRATION: CAPITAL MARKETS AS DRIVERS OF GLOBAL CHANGE

    SUSTAINABLE FINANCE AND ESG INTEGRATION: CAPITAL MARKETS AS DRIVERS OF GLOBAL CHANGE

    AUTHOR – RIYA BHARDWAJ, STUDENT AT CHANAKYA NATIONAL LAW UNIVERSITY

    BEST CITATION – RIYA BHARDWAJ, SUSTAINABLE FINANCE AND ESG INTEGRATION: CAPITAL MARKETS AS DRIVERS OF GLOBAL CHANGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 443-447, APIS – 3920 – 0001 & ISSN – 2583-2344

    INTRODUCTION

    The times that we live in have been driven by a growing sense of accountability among people. This generation of humans yearn for growth but not at the cost of environmental damage, they aim for progress but not at the cost of social inequality. If we analyze the global financial landscape trends then we witness growth of a transformative trend where there has been an urgency in addressing the problems like climate change, social inequality and challenges to the corporate governance. Through this paper I aim to analyze one of the transformative shifts, i.e., the Rise of Sustainable Finance which seeks to align the flow of finance with long-term ESG objectives. Capital Markets have become a catalyst for channeling investments that are aiming to advance global development goals. Previously the integration of ESG criteria in the investment portfolio seemed to be a niche, not many companies followed but with the awareness and accountability rising in this generation of people it has now transitioned into a common practice. It is expected that by the end of 2025 around 70 percent of the global investors would be incorporating ESG factors into their portfolios and we can say that because we also have a trend going on currently where the issuance of green bonds has reached record levels[1]. Therefore, through this paper my objective is to explore how capital markets are in the forefront of the transition to a more sustainable economy.


    [1] BNP Paribas, ESG Global Survey 2023: Taking Action – Institutional Investors Progress on the Path to Sustainability (2023) https://securities.cib.bnpparibas/app/uploads/sites/3/2023/12/esg-global-survey-consolidated-report.pdf, accessed 7th July, 2025

  • A CRITICAL STUDY ON THE EVOLUTION OF MEANS AND METHODS OF WARFARE AND IHL

    A CRITICAL STUDY ON THE EVOLUTION OF MEANS AND METHODS OF WARFARE AND IHL

    AUTHOR – SREE LAXMI A J, LLM (INTERNATIONAL LAW AND ORGANISATION) SCHOLAR AT DEPARTMENT OF LEGAL STUDIES, UNIVERSITY OF MADRAS

    BEST CITATION – SREE LAXMI A J, A CRITICAL STUDY ON THE EVOLUTION OF MEANS AND METHODS OF WARFARE AND IHL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 433-442, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    War has been an inescapable part of human experience throughout history. The nature of warfare has undergone significant transformations, driven by advances in technology and tactics. A long-standing commitment to reducing the brutality of war has driven humanitarians across the globe to establish safeguards, resulting in the groundbreaking 1864 Geneva Convention and the emergence of modern International Humanitarian Law. IHL is a comprehensive set of norms that regulate the conduct of warfare and aims at protecting human rights during armed conflicts. The atrocities committed during World War II led to a renewed effort to establish clear rules for the conduct of war. The Geneva Conventions were revised and expanded in 1949. The four Geneva Conventions and their three Additional protocols form the core of modern IHL. IHL seeks to humanize the conduct of war, prioritizing the protection of human life and dignity, and alleviating the suffering caused by conflict. Modern warfare has become increasingly complex, with non-state actors, cyber warfare, and artificial intelligence changing the nature of warfare. The impact of modern warfare on IHL is significant. New technologies such as drones and automated weapons raise questions about accountability and the ability to distinguish between military targets and civilians. Modern warfare has also introduced new areas of concern such as Cyberwarfare, Urban warfare, Siege warfare, increasing role of Non-State Actors and Asymmetric warfare. It is crucial to foster a culture of respect for IHL among States and Non-State Actors through diplomatic efforts, capacity-building initiatives, and training programs

    Key Words – Warfare, Armed conflict, Humanitarian, War

  • A CASE COMMENTARY ON PRAGYA PRASUN & ORS. & ORS.  V. UNION OF INDIA & AMAR JAIN V. UNION OF INDIA & ORS.

    A CASE COMMENTARY ON PRAGYA PRASUN & ORS. & ORS.  V. UNION OF INDIA & AMAR JAIN V. UNION OF INDIA & ORS.

    AUTHOR – TEJVEER SINGH, SRMS COLLEGE OF LAW, BAREILLY

    BEST CITATION – TEJVEER SINGH, A CASE COMMENTARY ON PRAGYA PRASUN & ORS. & ORS.  V. UNION OF INDIA & AMAR JAIN V. UNION OF INDIA & ORS. INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 428-432, APIS – 3920 – 0001 & ISSN – 2583-2344

    INTRODUCTION | BACKGROUND OF THE CASE

    [1]The Issue involved regarding digital rights to the disable people of this country, two writ petitions are been filed with common and similar properties of injustice, Digital Indian aim to promote efficiency, transparency and accessibility through digital means. Centre of this transformation has been the creation of a robust digital infrastructure. However, with wave of digital progress, there remains overlooked aspect that demand urgent attention ensuring the digital infrastructure and services are accessible to all? Including person with disability and other marginalised groups. We can called Technical Inclusion a true progress when all the people are treated inclusively and have the same accessibility and ease and thereby foster an environment where no individual is left behind. There is a digital divide created, In the contemporary era, access to essential services, governance, education, healthcare and economic opportunities is increasingly mediated through digital platforms. Right to life under [2]Article 21 of the Constitution of Indian has to be reinterpreted in light of these technological realities and especially abled persons also have the same right to access Article 21 as and other person with no disability “Justice Mahadevan pointed out this”.

    A dedicated act [3]“Rights of Person with Disability Act, 2016” is a landmark legislation that aim to provide comprehensive legal protection and entitlement to person with disabilities. It Algies with the United Nation Convention on the Right of Person with Disability (UNCRPD). This Act expands and definition of disability, increase the types of recognition, focus on ensuring equality, non-discrimination and full participation of person with disabilities in the society and work for there development and equal representation and protection came in force on April 19, 2017. Under Section 12 this act, the act addresses challenges faced by person with disabilities in accessing the justice system, person with disabilities have the right to access any court or anybody with judicial and quasi- judicial or investigative power without discrimination and step will be taken to provide suitable measures to support person with disabilities. This Act ensures that all persons with disabilities can lead their lives with dignity, without discrimination and with equal opportunities.


    [1] Pragya Prasun v. Union of India, W.P. No. 31291 of 2023, ¶ 20 (Madras HC Apr. 30, 2025), https://indiankanoon.org/docfragment/68332080/.

    [2] SCO Team, The Right to Life and Personal Liberty Under Article21: A Timeline, Sup. Ct. Observer (June 26, 2025), https://www.scobserver.in/journal/the-right-to-life-and-personal-liberty-under-article-21-a-timeline/

    [3] National Human Rights Commission, Disability Rights: Overview and Analysis, https://nhrc.nic.in/sites/default/files/DisabilityRights.pdf (last visited July 14, 2025).

  • DRAFT OF ARREST POLICY FOR INDIA

    DRAFT OF ARREST POLICY FOR INDIA

    AUTHOR – AAYUSHMAN NEPAL, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

    BEST CITATION – AAYUSHMAN NEPAL, DRAFT OF ARREST POLICY FOR INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 422-427, APIS – 3920 – 0001 & ISSN – 2583-2344

    1. ABSTRACT

    This draft in the Arrest Policy for India will restructure arrest policies under the Code of Criminal Procedure (CrPC) with a comprehensive overhaul, thus ensuring their constitutionality and consistency with judicial interpretation as well as accepted international human rights standards. Given the electoral history of arbitrary arrests, custodial violence, and inability to implement the police, this policy strives to develop arrest procedures that are uniform, open, and accountable. It considers the arrest power as a form of liberty versus Article 21 and 22 of the Constitution, Article 3 of the UDHR, and Article 9 of the ICCPR.

     The study critically evaluates the legal justifications and challenges for several categories of arrests-mayor or Magistrate, private persons, with or without warrant, arrest for refusing to disclose name and residence. Therefore, it suggests, inter alia, procedural checks like review by a magistrate, written record of arrest reason, limitations on police discretion to curb abuse.

    Further, the policy sets forth all the rights that an arrestee has under the CrPC and the Constitution, such as the rights of arrest information, legal aid, protection against self-incrimination, medical examination, and humane treatment. Case laws like D.K. Basu v. State of West Bengal, Joginder Kumar v. State, and Khatri v. State of Bihar anchor these rights.

    On the suggested reforms site, judiciary, periodic reviews, gender-sensitive procedures, protection of marginalized communities, and rigorous police training are promoted. Those would preserve the dignity of the accused and, at the same time, enhance public confidence in the system. The Draft Arrest Policy foresees a criminal justice system in which legitimate, fair, and proportionate enforcement practices call forth the ideals of a democratic and humane society.

    Keywords:  Arrest Policy, Code of Criminal Procedure, Arbitrary Arrests, Custodial Violence

  • RELIGIOUS MINORITIES AND THE LAW IN SOCIAL TRANSFORMATION

    RELIGIOUS MINORITIES AND THE LAW IN SOCIAL TRANSFORMATION

    AUTHOR – NISHA THIRUNAVUKKARASU* & HARSATH VARUN**

    * BA LLB LLM (ENVIRONMENTAL LAW), CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE PUDHUPAKKAM

    ** B.COM LLB HONS, BHARATH INSTITUTE OF LAW BHARATH UNIVERSITY SELAIYUR, CHENNAI

    BEST CITATION – NISHA THIRUNAVUKKARASU & HARSATH VARUN, RELIGIOUS MINORITIES AND THE LAW IN SOCIAL TRANSFORMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 413-421, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT:

    This study explores the dynamic interplay between legal frameworks and social transformation concerning religious minorities. Investigating diverse global contexts, it examines how legal structures either contribute to inclusivity or perpetuate discrimination. By analysing the impact of legal reforms on the rights and freedoms of religious minorities, this research sheds light on the role of law in shaping broader societal attitudes. The study aims to provide insights into the complex relationship between legal systems, social change, and the experiences of religious minority communities in an ever-evolving world . The interaction between the law and social changes is a compelling area of study, particularly when examining the rights and experiences of religious minorities within diverse societies. In this exploration, we delve into the intricate dynamics that define the relationship between legal frameworks and the evolving social landscape for religious minorities. This inquiry aims to unravel the multifaceted impact of laws designed to protect religious minorities, shedding light on their role in influencing attitudes, fostering tolerance, and ultimately shaping the broader fabric of society. As we embark on this journey, it becomes evident that understanding the legal underpinnings is crucial for comprehending the transformative potential of these laws in the realm of social change.

    Keywords: Social changes, Minority Religious law, changed Society, Equality, constitutional assembly.

  • EMPOWERING PERSONS WITH DISABILITIES THROUGH ICT: LEGAL RECOGNITION, POLICY FRAMEWORK, AND INCLUSIVE SUPPORT IN INDIA

    EMPOWERING PERSONS WITH DISABILITIES THROUGH ICT: LEGAL RECOGNITION, POLICY FRAMEWORK, AND INCLUSIVE SUPPORT IN INDIA

    AUTHOR – TMT. AEHAHINI, ASSISTANT PROFESSOR AT CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM

    BEST CITATION – TMT. AEHAHINI, EMPOWERING PERSONS WITH DISABILITIES THROUGH ICT: LEGAL RECOGNITION, POLICY FRAMEWORK, AND INCLUSIVE SUPPORT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 408-412, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    Empowering persons with disabilities through Information and Communication Technology (ICT) and Artificial Intelligence (AI) reflects a fundamental shift in India’s legal and institutional approach toward equality, dignity, and inclusion. Anchored in the Rights of Persons with Disabilities Act, 2016, and supported by national programmes like Digital India and Sugamya Bharat Abhiyan, ICT has become central to ensuring access to education, employment, communication, and public services for individuals with diverse disabilities. Assistive tools such as screen readers, speech-to-text converters, and AI-powered navigation devices enable independent learning and mobility, while inclusive digital platforms expand professional opportunities and civic participation. Judicial pronouncements, including National Federation of the Blind v. UPSC and Deaf Employees Welfare Association v. Union of India, have reinforced the constitutional imperative of using technology to bridge systemic barriers. Regulatory bodies like UGC, AICTE, and RCI have also institutionalized accessibility standards, inclusive pedagogy, and academic accommodations. While AI further enhances personalized support, ethical concerns and uneven access highlight the need for responsible design and implementation. Ensuring universal access, affordability, and awareness remains key to transforming ICT from a technological aid into a rights-based instrument of empowerment for persons with disabilities.

    Key words: ICT, Persons with Disabilities, RPwD Act 2016, Assistive Technology, Inclusive Education, Digital Accessibility, AI for Inclusion, Disability Rights, Dworkin’s Law as Integrity, , WCAG, Equal Opportunity, Empowerment, Indian Legal Framework

  • BRIDGING THE BENCH AND BAR : THE CASE FOR MANDATORY JUDICIAL PRACTICE

    BRIDGING THE BENCH AND BAR : THE CASE FOR MANDATORY JUDICIAL PRACTICE

    AUTHOR – UTSAB SENGUPTA, STUDENT AT SIKSHA O ANUSANDHAN NATIONAL INSTITUTE OF LAW

    BEST CITATION – UTSAB SENGUPTA, A BRIDGING THE BENCH AND BAR : THE CASE FOR MANDATORY JUDICIAL PRACTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 404-407, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This article critically examines the recent judicial mandate requiring a minimum of three years of legal practice for entry-level judges in India, highlighting the growing emphasis on bridging the gap between legal theory and practical experience. Tracing the evolution of this debate through landmark judgments and reports such as the All India Judges Association cases, the Law Commission’s 117th Report, and the Shetty Commission recommendations, the paper underscores the judicial rationale for reinstating mandatory bar practice. It evaluates the implications of this policy on aspiring judicial candidates, particularly those from economically disadvantaged backgrounds, corporate legal sectors, and women balancing career breaks. While acknowledging the drawbacks, the article also explores the significant advantages of experiential learning in developing judicial competence, ethical conduct, and courtroom confidence. The analysis concludes that despite its challenges, the new mandate is a prudent move toward enhancing the quality, sensitivity, and preparedness of the Indian judiciary.