Author: PRASANNASRI26092001

ANTITRUST MEETS OIL MARKETS: PERSPECTIVES FROM INDIA AND ABROAD

AUTHOR – ANIKET RAINA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ANIKET RAINA, ANTITRUST MEETS OIL MARKETS: PERSPECTIVES FROM INDIA AND ABROAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 84-95, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Crude Oil or Black Gold as aptly referred is a crucial gear piece to the global economy’s machinery, powering and paving its trajectory. Standing on the shoulders of this precious resource and its derivatives, companies have amassed vast fortunes but like any commercialized product is susceptible to domineering and exploitative forces which in recent times have included “antitrust” as a response. In lieu of the same, this paper, in its entirety, acts pursuant to the aspect of antitrust in the oil market and its derivatives in India and abroad. The paper begins with an overview of antitrust and oil markets while rendering brief detail to the questions at hand and the scope and structure of the paper. Subsequently, the paper provides a succinct overview of the antitrust landscape in India and that of the Indian Oil Market and its derivatives followed by a thorough comparative analysis of antitrust approaches in India vis-à-vis foreign jurisdictions respectively. It is in lieu of the aforementioned backdrop that a summary of findings reinforced by recommendations and a conclusion is furnished therein inscribing the future tryst between oil markets and antitrust.

Keywords: crude oil, antitrust, derivatives, abuse of dominance, competition

THE CHALLENGING RELATIONSHIP BETWEEN CONTEMPORARY ART AND INTELLECTUAL PROPERTY

AUTHOR – LOKENDER YADAV, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – LOKENDER YADAV, THE CHALLENGING RELATIONSHIP BETWEEN CONTEMPORARY ART AND INTELLECTUAL PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 78-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The relationship between contemporary art and intellectual property (IP) is increasingly complex, as artistic expression often challenges conventional legal frameworks. Contemporary artists frequently engage in appropriation, remixing, and digital reproduction, blurring the lines between originality and infringement. While copyright, trademark, and patent laws are designed to protect creators, they can sometimes hinder artistic innovation and cultural dialogue. Emerging technologies, such as AI-generated art and blockchain-based ownership, further complicate legal interpretations of authorship and ownership. This study examines how IP laws intersect with contemporary artistic practices, highlighting the tensions between legal protection and creative freedom. In navigating these challenges, legal frameworks must adapt to accommodate evolving artistic practices without stifling innovation. Courts and policymakers face the task of balancing the rights of original creators with the transformative nature of contemporary art. This study explores case laws, legal reforms, and alternative models like Creative Commons and open-access licensing, which offer more flexible approaches to IP in the art world. By analyzing these legal and ethical dimensions, this research aims to provide insights into how contemporary art and intellectual property can coexist in a rapidly evolving cultural landscape.

Keywords: Contemporary Art, Intellectual Property, Copyright, Artistic Innovation, Appropriation, Digital Art, Legal Frameworks, Creative Commons, AI-generated Art.

IMPACTS OF AMENDMENTS ON STARTUPS AND MSMES: A COMPARATIVE STUDY

AUTHOR – PRACHI KUMARI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – PRACHI KUMARI, IMPACTS OF AMENDMENTS ON STARTUPS AND MSMES: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 947-951, APIS – 3920 – 0001 & ISSN – 2583-2344.

2.1 Key Amendments Relevant to Startups and MSMEs (2019–2023)

There have been several amendments to the Companies Act, 2013, in recent years with the aim of ease of doing business and making the regulatory landscape more startup and MSME-friendly. With the understanding of the contribution of these businesses to economic growth, employment, and innovation, the Government of India initiated reforms to simplify compliance requirements, increase access to finance, and reduce regulatory requirements. The 2019-2023 amendments have been a deciding factor in promoting entrepreneurship and sustainable development of MSMEs and startups.

AN AWARENESS ON CAPITAL PUNISHMENT AMONG YOUNG ADULTS IN INDIA

AUTHOR: SB PRABHU KUMARAN, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI

BEST CITATION – SB PRABHU KUMARAN, AN AWARENESS ON CAPITAL PUNISHMENT AMONG YOUNG ADULTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 933-947, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The study aims to explore how young adults perceive the fairness of the death penalty, its deterrent effect, and its moral standing in contemporary society. The study highlights the concept of “rarest of rare” cases, which serves as a guideline for applying capital punishment in India. Additionally, the paper contrasts abolitionist and retentionist countries, providing a historical overview of capital punishment in ancient India. One major factor contributing to this issue is the perceived inadequacy of punishments for serious crimes, with many arguing that more severe penalties are necessary to deter criminal activity. Among the different types of punishments in India, capital punishment stands out as the most severe. The study seeks to determine whether young adults perceive capital punishment as an effective deterrent to crime or if they view it as morally problematic and outdated. The research adopts an empirical methodology, utilizing a structured questionnaire distributed to 200 participants from the Chennai region, selected using a convenience sampling method. The findings highlight a generational shift, with many young adults questioning the fairness and efficacy of the death penalty, expressing concerns about wrongful convictions, and emphasizing the potential for rehabilitation over punitive measures.

KEYWORDS: capital punishment, death penalty, legislation, capital offense, crimes.

RIGHT TO EDUCATION OF MINORITIES UNDER THE INDIAN CONSTITUTION: THE EVOLVING ROLE OF JUDICIARY

AUTHOR – RITIKA NEGI, LLM SCHOLAR (CONSTITUTIONAL LAW) AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – RITIKA NEGI, RIGHT TO EDUCATION OF MINORITIES UNDER THE INDIAN CONSTITUTION: THE EVOLVING ROLE OF JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 920-932, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Constitution of India enshrines the right to education as a basic fundamental right under Article 21A and further endeavours to safeguard the rights of minorities through Articles 29 and 30, thereby empowering the minority groups to establish and administer educational institutions of their preference and choice. These provisions constitute the foundational elements of India’s pluralistic  society and educational framework which believes in inclusivity. Nonetheless, the journey to the acquire and practice these rights has not been complicated. It required consistent judicial scrutiny and interpretation to address the intricate tensions between state oversight, public interest, and minority autonomy. The author through this paper intends to investigate the parameters of the right to education in regards to minorities present in India, while also analysing the evolving stance and role of the Indian judiciary in interpreting and enforcing these rights with the help of  comprehensive Supreme Court rulings, constitutional provisions, and legislative advancements. The paper tries to focus in the light of judiciary’s crucial role in elucidating the scope, constraints, and practical consequences of minority education rights.

Keywords

Linguistic Minorities, Religious Minorities, Education, Judicial role, Pluralistic Society

HEALTH AS A FOREMOST RIGHT OF INDIVIDUAL

AUTHOR – LAKSHYA SIDDHESHWAR PANDEY, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY NOIDA

 BEST CITATION – LAKSHYA SIDDHESHWAR PANDEY, HEALTH AS A FOREMOST RIGHT OF INDIVIDUAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 914-919, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Human rights and mental health have a complex and reciprocal relationship. In line with the WHO Quality Rights Initiative and the UN Convention on the Rights of Persons with Disabilities, international mental health advocacy initiatives have concentrated on promoting human rights within mental health care. A person’s mental health is vital to their overall wellbeing and has to be protected. Access to suitable mental health care services should be guaranteed when needed.

Key Words: Mental Health, Human Right, WHO.

RIGHT TO FREE FROM ADVERSE EFFECT OF CLIMATE CHANGE

AUTHOR – ASHI SHARMA, STUDENT AT AMITY INSTITUTE OF ADVANCE LEGAL STUDIES

BEST CITATION – ASHI SHARMA, RIGHT TO FREE FROM ADVERSE EFFECT OF CLIMATE CHANGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 908-913, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Climate change is without a doubt one of the most pressing issues we encounter inthe 21st century, mainly caused by human activities like fossil fuel combustion,deforestation, and industrial operations. The significant effects of climate change reach all corners of the planet, drastically impacting ecosystems, public health,economies, and global stability. We are observing an increase in average global temperatures, erratic weather patterns, and a concerning rise in extreme events such as hurricanes, droughts, and floods. Furthermore, changes in ecosystems and biodiversity present serious risks to both natural and human systems.

FOREIGN DIRECT INVESTMENT IN THE RENEWABLE ENERGY SECTOR

AUTHOR – VISHAL GAUTAM* & PROF (DR.) SHEFALI RAIZADA**

* STUDENT (LL.M CB&IL) AT AMITY LAW SCHOOL, NOIDA. EMAIL: GAUTAMV171@GMAIL.COM

** DIRECTOR/JOINT HEAD AT AMITY LAW SCHOOL, NOIDA. EMAIL: SRAIZADA@AMITY.EDU

BEST CITATION – VISHAL GAUTAM & PROF (DR.) SHEFALI RAIZADA, FOREIGN DIRECT INVESTMENT IN THE RENEWABLE ENERGY SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 902-907, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Energy is fundamental to human survival and economic development, having long been a cornerstone of progress. The Brundtland Commission’s 1987 report, Our Common Future, stressed the need for sustainable, reliable energy to ensure long-term development.^[1] However, conventional energy sources like coal, oil, and natural gas are depleting and significantly contribute to greenhouse gas emissions, posing serious environmental challenges.”

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[1] “United Nations, Our Common Future (1987), World Commission on Environment and Development.”

Legal Recognition of Invisible Disabilities: Challenges in Implementing RPWD Act Protections for Autism, Learning Disabilities, and Chronic Illnesses

AUTHOR – ANKISH KUMAR^* & DR. ABHIRANJAN DIXIT^**

* STUDENT, B.A. LL.B. (HONS.), LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

** ASSISTANT PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – ANKISH KUMAR & DR. ABHIRANJAN DIXIT, LEGAL RECOGNITION OF INVISIBLE DISABILITIES: CHALLENGES IN IMPLEMENTING RPWD ACT PROTECTIONS FOR AUTISM, LEARNING DISABILITIES, AND CHRONIC ILLNESSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 889-901, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research evaluates the impediments to providing legal assistance for people suffering from invisible disabilities, namely, autism spectrum disorder (ASD), specific learning disabilities (SLD), and chronic illnesses, under India’s Rights of Persons with Disabilities Act, 2016 (RPWD Act). The Act heralds an advancement in rights away from prior welfare approaches, yet implementation is highly inconsistent. Inter-analyses of case laws, such as in Vikash Kumar v. UPSC, highlight systemic barriers such as difficulties in diagnosis, lack of awareness among certifying authorities, insufficient educational accommodations, and limited workplace adjustments. The research adopts methods, viz., a statutory analysis infused with discussion on case law and international comparisons to showcase advances made and yet shortcomings in implementation faced. The key results establish that although invisible disabilities are expressly incorporated into the RPWD Act, the intent of the Act is still thwarted by certification difficulties, stigma, needless non-utilization of employment reservations, and poor health infrastructures. Drawing comparisons with policy treatments generated for invisible disabilities abroad—the Americans with Disabilities Act (ADA) and the UK’s Equality Act 2010—serves to elucidate some structural gaps in the enforcement and monitoring mechanisms in India. The article concludes that more effective enforcement of the RPWD Act would entail major policy reforms, heightened awareness by all concerned stakeholders, and an accountability system governed by some regulatory body. Strengthening diagnosis, funding inclusive education, ensuring compliance by employers, and access to healthcare would fill the gap between recognition and realization for individuals with invisible disabilities.

Keywords: Invisible Disabilities, RPWD Act 2016, Autism Spectrum Disorder, Specific Learning Disabilities, Chronic Illness, Inclusive Education, Disability Rights India

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005:  AN ANALYSIS

AUTHOR – AJITA AWASTHI* & DR. AISHWARYA PANDEY**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY

BEST CITATION – AJITA AWASTHI & DR. AISHWARYA PANDEY, THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005:  AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 878-888, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Family violence is the leading type of violence which occurs in modern society. Women in shared households remain incapable of speaking about their victimization to society because these situations create both fear and home destruction. When households experience violence this degradation leads to damage in the growth development of their family members. Domestic violence encompasses abuse directed against women who are either in wedded relationships with their attackers or in modern living partnerships. Domestic abuse arises from a romantic connection regardless of happening location or abuse methodology. Domestic violence comprises every type of gender-based abuse that results in either physical or emotional and sexual harm to women. Multiple elements including health problems, cultural dominance by men and lack of education together with substance abuse and money issues and various other aspects lead to possible domestic violence occurrences. Violence experienced within the household produces extensive damaging consequences. Physical and social health of women experience damage alongside their mental well-being while family members and especially children get negatively affected. Learning about domestic violence requires attention because its impacts deeply affect individuals along with their families and society at large. Our better understanding of this issue enables us to assist victims while stopping abusive behavior and disrupting violent cycles and developing improved systems and laws as well as contributing to gender equality efforts and helping people establish safe relationships and helping children living in abusive homes. The spread of knowledge works to silence abusive practices which typically maintain themselves through silence. Expanding our understanding about domestic violence leads toward protecting human rights while securing fairness and bettering the overall life quality for all society members. The research paper demonstrates a comprehensive analysis of woman abuse by examining its origins alongside relevant outcomes and proposed remedies.

Keywords: Domestic Violence, Matrimonial Relationship, Domestic Relationship, Patriarchy, Gender Equality.