Author: PRASANNASRI26092001

PATENT-COMPETITION INTERFACE IN INDIA

AUTHOR – VIDUR PANDIT, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – VIDUR PANDIT, PATENT-COMPETITION INTERFACE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 406-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article explores the complex interplay between patent rights and competition law in India, focusing on how the legal system navigates conflicts between intellectual property protection and the preservation of market competition. Anchored in the Competition Act, 2002 and the Patents Act, 1970 (as amended post-TRIPS), the article analyses how regulatory and judicial frameworks respond to alleged abuses of patent rights particularly in high-stakes sectors such as telecommunications, pharmaceuticals, and agriculture. Key case studies, including Ericsson v. Micromax and Monsanto v. CCI, illustrate the evolving jurisprudence on standard essential patents (SEPs), FRAND obligations, and the jurisdictional overlap between the Competition Commission of India (CCI) and civil courts. The article critically evaluates the divergent views of single and division benches of the Delhi High Court on whether competition law can scrutinize patent-related conduct, especially excessive pricing and discriminatory licensing. It concludes by emphasizing the need for clearer statutory demarcation, procedural efficiency, and harmonization with global practices to ensure that innovation incentives do not result in market exclusion or consumer harm.

REGULATORY FRAMEWORK FOR ACQUISITIONS

AUTHOR – JAHNVI MEHTA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – JAHNVI MEHTA, REGULATORY FRAMEWORK FOR ACQUISITIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 394-405, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This document provides a comparative overview of the regulatory frameworks governing acquisitions in India, the United States, and the European Union. It examines the legal and institutional structures that regulate mergers and acquisitions, including the roles played by the Competition Commission of India (“CCI”), the Securities and Exchange Board of India (“SEBI”), the U.S. Federal Trade Commission (“FTC”), the Department of Justice (“DOJ”), and the European Commission. Key elements discussed include notification thresholds, review procedures, enforcement mechanisms, and the underlying legal principles that shape antitrust and securities regulation in each jurisdiction. Through a cross-jurisdictional analysis, the paper offers insights into the convergence and divergence of regulatory practices, equipping stakeholders with a broader understanding of global compliance requirements in cross-border transactions.

FROM STEREOTYPES TO OPPORTUNITIES: THE ROLE OF TECHNOLOGY IN REDEFINING GENDER NORMS

AUTHOR – ANKITA, STUDENT AT TRINITY INSTITUTE OF PROFESSIONAL STUDIES

BEST CITATION – ANKITA, FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 384-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Gender and technology go hand in hand because gender dynamics are shaped by technology. Technology can also change the power dynamics in our society so that women have more equality since it gives them access to previously untapped options for organization and involvement. It is also necessary to address the gendered attitudes of men and women on the societal construction of female subordination and gender inequity.

The application of conceptual knowledge towards the fulfillment of real-world objectives is what is known as technology, the most powerful word in the modern world, especially when done in a repeatable fashion. Technology makes it possible for anyone to participate in the political, social, and economic spheres regardless of gender, caste, sex, or race, and it also gives everyone access to an infinite amount of information and knowledge. It gives everyone the chance to follow their passions and advocate for themselves.

It is critical to confront online abuse and use technology to advance positive social change. Collaboration between national governments, tech corporations, feminist and digital rights groups, gender-based violence service providers, researchers, and most crucially, survivors is necessary to prevent and address technology-facilitated gender-based violence. Prioritizing inclusivity and diversity is crucial while creating AI technology.

In this technologically advanced world, women must seize their possibilities and stand on their own feet.

Keywords – Technology, Gender Equality, Discrimination, women, Dynamics, Information, technological Sectors, social and economic development

FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING

AUTHOR – PRIYA MADHESIYA, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, NOIDA

BEST CITATION – PRIYA MADHESIYA, FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 373-383, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human trafficking remains one of the most grievous human rights violations in the modern era, transcending borders and affecting millions worldwide. This paper undertakes a comprehensive analysis of the international legal framework established to combat human trafficking, tracing the evolution of global instruments and conventions that shape anti-trafficking responses today. Beginning with the 1904 International Agreement for the Suppression of the White Slave Traffic and culminating in the landmark 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), the study examines how the international community has progressively recognized trafficking as a serious transnational crime and human rights issue.

The paper evaluates the binding and non-binding instruments under the United Nations, the International Labour Organization, and regional frameworks such as those developed by the European Union and South Asian Association for Regional Cooperation. It explores the key components of these instruments, including prevention strategies, victim protection, and prosecution mechanisms. Additionally, the study critiques the gaps in enforcement, state compliance, and victim-centric approaches, arguing for a more integrated, human-rights-based strategy that includes accountability, cross-border cooperation, and socio-legal reform.

By comparing legal obligations and best practices, this paper highlights the need for harmonization between international and domestic laws and emphasizes the importance of political will and institutional coordination. The study concludes that while significant progress has been made, human trafficking persists due to structural vulnerabilities, weak implementation, and lack of survivor-centric policies.

Keywords- Human Trafficking, Palermo Protocol, International Law, Victim Protection,   Transnational Crime, UN Conventions, Legal Framework, SAARC Convention, Law Enforcement Cooperation

CRIMINALIZATION OF MARITAL RAPE: A STUDY OF LEGISLATIVE SILENCE AND JUDICIAL ACTIVISM

AUTHOR – MANISH KUMAR SAHU* & ABHISHEK MISHRA**

* LL.M, FACULTY OF LAW, SHRI RAWATPURA SARKAR UNIVERSITY

** ASSISTANT PROFESSOR AT FACULTY OF LAW, SHRI RAWATPURA SARKAR UNIVERSITY

BEST CITATION – MANISH KUMAR SAHU & ABHISHEK MISHRA, CRIMINALIZATION OF MARITAL RAPE: A STUDY OF LEGISLATIVE SILENCE AND JUDICIAL ACTIVISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 367-372, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Marital rape—non-consensual sexual intercourse by a spouse—remains a legally sanctioned exception under Indian criminal law, despite being a severe violation of bodily autonomy and human dignity. This research critically examines the legal, constitutional, and social implications of the marital rape exception under Section 63 of the Bharatiya Nyaya Sanhita, which exempts husbands from prosecution for rape committed against their wives. The legislative silence on this issue reflects not only patriarchal inertia but also a systematic disregard for the evolving standards of human rights and gender justice.

Through a doctrinal and comparative legal research methodology, the paper analyses statutory texts, judicial pronouncements, and feminist jurisprudence to assess the constitutionality of this exception. It studies landmark judgments such as Independent Thought v. Union of India and the Delhi High Court’s split verdict in RIT Foundation v. Union of India, highlighting the judiciary’s evolving approach towards marital rape. The study also explores the limitations of judicial activism in the absence of legislative intent and considers the role of the courts in upholding fundamental rights under Articles 14, 15, and 21 of the Indian Constitution.

Drawing on international legal developments, this research compares India’s position with jurisdictions such as the United Kingdom, United States, South Africa, and Nepal—all of which have criminalized marital rape. The comparative analysis exposes the regressive nature of India’s exception and the urgent need for reform in line with global human rights standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

The paper concludes that the marital rape exception is constitutionally indefensible and socially destructive, reinforcing gender inequality and legitimizing intimate partner violence. It argues that the criminalization of marital rape is not merely a legal reform but a moral and democratic imperative. To that end, the paper offers specific policy recommendations, including the repeal of Exception 2 to Section 63 BNS, gender-sensitive training for law enforcement, and legal recognition of sexual autonomy within marriage. This research aims to contribute to the growing call for transformative legal change that aligns Indian criminal law with constitutional morality and the rights of women to bodily integrity, dignity, and equality.

Keywords

Marital Rape, Judicial Activism, Criminal Law, Constitutional Rights, Gender Justice, Legal Reform, Patriarchy, Section 63 BNS

CONSTITUTIONAL CHALLENGES AND SAFEGUARDS IN CLINICAL TRIALS

AUTHOR – SAMSON ALBERT S, STUDENT AT VINAYAKA MISSION’S LAW SCHOOL

BEST CITATION – SAMSON ALBERT S, CONSTITUTIONAL CHALLENGES AND SAFEGUARDS IN CLINICAL TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 359-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Clinical trials play a crucial role in advancing medical science, yet they also raise significant constitutional concerns regarding participants’ rights and protections. This paper explores the constitutional challenges and safeguards in clinical trials, focusing on two fundamental rights enshrined in the Indian Constitution: the Right to Life and Health (Article 21) and the Right to Equality (Article 14).

The Right to Life and Health guarantees every individual the highest attainable standard of health, which extends to ethical participation in clinical trials. However, concerns arise when trials compromise participants’ safety, lack proper informed consent, or fail to provide post-trial medical care. The Supreme Court of India has played a pivotal role in upholding ethical standards by delivering landmark judgments that emphasize the responsibility of pharmaceutical companies, research organizations, and the government to protect trial subjects. These rulings highlight the need for stringent guidelines, transparency, and accountability to prevent exploitation and ensure participant welfare.

Similarly, the Right to Equality underscores the need for fairness in the selection of trial participants. Discrimination in participant recruitment—whether based on socioeconomic status, gender, or other factors—raises ethical and legal concerns. Marginalized communities, often targeted for clinical trials due to their economic vulnerabilities, may face undue risks without sufficient safeguards. Ensuring equal access to trial benefits, including necessary medical care post-trial, is essential in maintaining justice and fairness in medical research. Addressing these concerns requires a robust regulatory framework that prevents biases in participant selection and mandates equitable distribution of benefits arising from clinical research.

By analyzing constitutional provisions, judicial precedents, and regulatory mechanisms, this paper aims to highlight the pressing ethical and legal challenges in clinical trials while suggesting measures to strengthen participant rights. A balanced approach—where scientific advancements align with fundamental rights—is crucial to maintaining the integrity of clinical trials and ensuring that medical research serves humanity without compromising ethical principles.

 Keywords:- Clinical trials, Indian Constitution, the Right to Life and Health (Article 21), the Right to Equality (Article 14), Discrimination, Marginalized communities, safeguard and humanity

DIGITAL CURRENCY: A CASE STUDY WITH A PARTICULAR EMPHASIS ON INDIA

AUTHOR – ANJALI YADAV, STUDENT, DEPARTMENT OF LAW^, AMITY UNIVERSITY MUMBAI (LAW SCHOOL), MAHARASHTRA, INDIA

BEST CITATION – ANJALI YADAV, DIGITAL CURRENCY: A CASE STUDY WITH A PARTICULAR EMPHASIS ON INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 348-358, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Any currency that is primarily handled, kept, and traded via digital devices—such as computers, smartphones, etc.—is referred to as digital currency. Digital currency, which includes virtual money and crypto currency, is a form of money that solely exists digitally and lacks a physical form. The digital Currency, commonly referred to as digital money or cyber cash, can be used to buy products and services, but it can also be limited to specific online communities like social networks or gaming. With particular reference to the current state of digital currency in India, we shall examine the true significance of digital currencies in the modern world in this essay. The current research has been exploratory and informal. and empirical in character, and the information required for the study project has been gathered through the use of both direct and indirect methods.

Keywords: Digital currency, CBDC, RBI wallet, banknote method. 

CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE

AUTHOR – VIJAY BAJPAI* & MS. PRIYANKA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – VIJAY BAJPAI & MS. PRIYANKA GUPTA, CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 332-347, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction

Corporate liability for environmental degradation has evolved into one of the most pressing issues in legal, economic, and social terms at the present time. Fast unescapable and highly serious in the long run are the unfolding practical consequences of environmental degradation, mostly through corporate activities, on ecosystems, biodiversity, and human health. Although there has been improvement in developing the legal frameworks and regulations for the redress of environmental harm, there is still significant inertia in corporate accountability in creating or worsening any environmental degradation incidents. This gaping hole in legal accountability keeps up the cycle of corporate irresponsibility and environmental damage with public suffering.^[1]

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[1] “Philippe Sands, Principles of International Environmental Law 202 (Cambridge University Press, Cambridge, 3rd edn., 2018).”

ANALYSIS OF FOOD SAFETY AND STANDARDS ACT, 2006 WITH RESPECT TO RIGHT TO HEALTH

AUTHOR – MINI RAMCHIARY, STUDENT, LLM (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – MINI RAMCHIARY, ANALYSIS OF FOOD SAFETY AND STANDARDS ACT, 2006 WITH RESPECT TO RIGHT TO HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 319-331, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian constitution included the right to health as one of the fundamental rights and guiding principles of state policy, making it an unalienable right to be guaranteed. A comprehensive law known as the Food Safety and Standards Act (FSSA) was created to guarantee the quality and safety of food items in India. To safeguard the public’s health, the Act contains several regulations that control the production, distribution, storage, and sale of food products. However, incidences of food contamination have been documented despite India’s stringent food safety rules and regulations. Regarding such an increase in the number of violations of right to health, the link between right to health and the existing legal framework will be analysed in this dissertation. India is a signatory to the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which recognizes the right to health as a fundamental human right. A fundamental prerequisite for maintaining good health is having access to safe and nourishing food, which is part of the right to health. By guaranteeing the safety and quality of food products, the FSSA seeks to advance and defend the right to health. Under the Act, the Food Safety and Standards Authority of India (FSSAI) was created with the responsibility of creating standards for food products, controlling their manufacture, distribution, storage, and sale, and ensuring that the regulations are followed. To sum up, the legal provisions meant for ensuring safe and quality food items, which are crucial for preserving good health (right to food), will be analysed in the context of India. 

 Key Words: Right to health, quality food, right to food

JURISDICTION OF CONSUMER COURTS IN INDIA: DISCOURSE IN REFERENCE TO THE CONSUMER (PROTECTION) ACT 2019

AUTHOR – VAIBHAV KARTIKEYA AGRAWAL, ADVOCATE & GRADUATED FROM HIDAYATULLAH NATIONAL LAW UNIVERSITY

BEST CITATION – VAIBHAV KARTIKEYA AGRAWAL, JURISDICTION OF CONSUMER COURTS IN INDIA: DISCOURSE IN REFERENCE TO THE CONSUMER (PROTECTION) ACT 2019, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 308-318, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The consumer protection laws have been enacted to provide immediate and inexpensive relief to the consumers and regulate the law and order in business transactions from shopkeeper to consumer. These laws are primarily not concerned with commercial deficits or profits instead are destined to redress the grievances of common man. This paper endeavours to explore the contours of jurisdiction of the Consumer forums. The paper states the circumstances in which a welfare function of the State Government could be challenged before a consumer forum. It also explores the circumstances which entitles a businessman to take recourse to the consumer forums for redressal. The paper is doctrinal and will definitely add to the jurisprudence of Law.

KEYWORDS: Consumer; Jurisdiction; Commercial; Self-employed;