Author: PRASANNASRI26092001

  • A CRITICAL ANALYSIS ON CUSTODIAL VIOLENCE IN INDIA

    A CRITICAL ANALYSIS ON CUSTODIAL VIOLENCE IN INDIA

    AUTHOR – ANKITA BISWAS, LLM (CRIM.LAW) SCHOLAT AT AMITY UNIVERSITY LUCKNOW

    BEST CITATION – ANKITA BISWAS, A CRITICAL ANALYSIS ON CUSTODIAL VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 157-165, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    Incidents of police brutality frequently dominate news headlines and invite sharp public criticism. Allegations of excessive violence by police forces have emerged from nearly every corner of India. This often leads to the damaging perception that the police force is overrun by individuals who derive satisfaction from inflicting pain and suffering. However, this generalization is misleading. Many police officers carry out their duties with considerable dedication, enduring immense pressure and stress associated with their roles. Despite stringent rules laid down in official police manuals that explicitly prohibit the misuse of power, some officers still resort to extreme and unlawful methods, believing they can evade accountability. The culture of protection by both seniors and subordinates only strengthens this dangerous assumption, resulting in deaths in custody that often generate more controversy than concrete justice.

    The 1977 National Police Commission conducted investigations into custodial abuses across nine states and discovered police involvement in a majority of the cases—out of 432 administrative inquiries, police culpability was confirmed in 23 of 37 cases examined by two external agencies and in 11 of 17 administrative probes. The Commission recommended that custodial death cases should not require dual judicial inquiries. This research seeks to examine the issue of custodial violence from multiple dimensions.

    Custodial violence includes all forms of abuse that occur or judicial institutions. It encompasses not just physical torture but also custodial rape and unexplained deaths. This issue is not new to the Indian context. Provisions such as are meant to prevent police from using unlawful means during interrogation. Nonetheless, custodial torture continues. The NHRC’s 1993 guidelines require every custodial death or rape to be reported within 24 hours. The report must include a post-mortem video recording, autopsy report, and medical details—even in cases of natural death or illness. Apart from torture, deaths occur due to disease, suicide, and inmate-on-inmate violence, with around 20% attributed to medical negligence and poor prison conditions.

    Key service deficits—like inadequate healthcare, poor nutrition, and lack of trained personnel worsen the situation. For meaningful reform, proper oversight and accountability within police forces are essential. Human rights training and adequate staffing, especially medical and female officers, are critical. The NHRC has urged that state Human Rights Cells become more proactive in ensuring healthcare and dignity in prison systems. Such incidents of custodial death are not only a national shame democracy. Global awareness and pressure standards are steadily increasing.

  • MATERNAL AND PATERNAL LEAVE LAWS: BALANCING FAMILY LIFE AND CAREER IN WORK PLACE

    MATERNAL AND PATERNAL LEAVE LAWS: BALANCING FAMILY LIFE AND CAREER IN WORK PLACE

    AUTHOR – DISHA DEEP SRIVASTAVA* & MANASVI AGARWAL**

    * STUDENT AT AMITY UNIVERSITY LUCKNOW CAMPUS

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW CAMPUS

    BEST CITATION – DISHA DEEP SRIVASTAVA & MANASVI AGARWAL, MATERNAL AND PATERNAL LEAVE LAWS: BALANCING FAMILY LIFE AND CAREER IN WORK PLACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 144-156, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract:

    “This assignment provides a comprehensive overview of labour law in India, emphasizing its foundational role in shaping the dynamics between employers and employees within a rapidly evolving industrial landscape. It examines the historical development of labour legislation in India, tracing its roots to colonial times and analysing how post-independence constitutional mandates have reinforced the principles of social justice, dignity of labour, and economic democracy. The paper underscores the significance of labour laws in ensuring humane working conditions, preventing exploitation, and promoting industrial harmony. Additionally, it critically assesses the impact of globalization, liberalization, and privatization on the labour market and the subsequent legislative reforms aimed at balancing economic development with workers’ rights. The role of judicial activism in interpreting and expanding the scope of labour rights is also explored, highlighting landmark judgments that have contributed to the strengthening of labour jurisprudence. Ultimately, the paper argues for a more inclusive and adaptable legal framework that responds to the changing nature of work in the 21st century.”

    Keywords:
    Labour Law, Social Justice, Industrial Relations, Employer-Employee Relationship, Economic Democracy, Constitution of India, Workers’ Rights, Labour Legislation, Globalization, Judicial Actvism, Legal Reforms, Industrial Harmony, Labour Jurisprudence, Dignity of Labour.

  • MEDIATION AND ARBITRATION IN CHILD CUSTODY DISPUTES

    MEDIATION AND ARBITRATION IN CHILD CUSTODY DISPUTES

    AUTHOR – SONAKSHI AGARWAL, STUDENT AT UNITEDWORLD SCHOOL OF LAW , KARNAVATI UNIVERSITY

    BEST CITATION – SONAKSHI AGARWAL, MEDIATION AND ARBITRATION IN CHILD CUSTODY DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 131-109, APIS – 3920 – 0001 & ISSN – 2583-2344

    Mediation

    History of Mediation

    Historical perspective: In a global sense, mediation dates back to ancient Greece and Roman civilisation, when village elders mediated local disputes. China, Japan, and other Asian countries have also employed mediation to resolve conflicts. Mediation has grown in popularity in the United States and Europe over the last few decades, thanks to judicial system improvements. Since ancient times, India has had ‘Panchayat systems’ in which respected and trustworthy elders from villages resolved community problems. Business groups had ‘Mahajans’ who assisted in mediating and resolving business conflicts. The same tribes used ‘Panch’ or ‘wise person’ to settle conflicts. Such systems continue to be implemented in several parts of India. Mediation resembles these techniques.

  • SEARCH, SEIZURE, AND INSPECTION UNDER GST LAW IN INDIA: STRIKING A BALANCE BETWEEN TAX ENFORCEMENT AND TAXPAYER RIGHTS

    SEARCH, SEIZURE, AND INSPECTION UNDER GST LAW IN INDIA: STRIKING A BALANCE BETWEEN TAX ENFORCEMENT AND TAXPAYER RIGHTS

    AUTHOR – MISHRA RUDRANI KUMARI RADHESHYAM* & DR. MOHAMMAD HAROON**

    * RESEARCH SCHOLAR, SCHOOL OF LAW AND JURISPRUDENCE SHRI VENKATESHWARA UNIVERSITY, NH-24, RAJABPUR, GAJRAULA

    ** ASSISTANT PROFESSOR-ADJUNCT RESEARCH SUPERVISOR AT SCHOOL OF LAW AND JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY

    BEST CITATION – MISHRA RUDRANI KUMARI RADHESHYAM & DR. MOHAMMAD HAROON, SEARCH, SEIZURE, AND INSPECTION UNDER GST LAW IN INDIA: STRIKING A BALANCE BETWEEN TAX ENFORCEMENT AND TAXPAYER RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 126-132, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This article critically examines inspection, search, and seizure provisions under the Goods and Services Tax (GST) regime, analyzing how tax enforcement balances compliance measures with taxpayer rights. It explores key legal safeguards, including the requirement of “reason to believe,” which mandates objective evidence rather than mere suspicion for initiating search and seizure operations. Through case law analysis, the article underscores the necessity of substantial justification for such actions.

    Additionally, it discusses procedural protections such as prior authorization from senior officers, search warrants, and the role of independent witnesses. The article also addresses the confiscation of goods under Section 67(2) of the CGST Act, 2017 emphasizing proportionality and evidentiary requirements. Drawing on judicial precedents, it highlights the importance of transparency, accountability, and legal compliance in tax enforcement, advocating for a balanced approach that upholds both regulatory objectives and taxpayer protections.

    Keywords: Goods and Service Tax (GST), Inspection, Search and Seizure, Reason to Believe, Tax Evasion, Tax Compliance, Taxpayer Rights.

  • IPR, MEDIA AND ENTERTAINMENT LAW IN THE OTT ERA: BALANCING COPYRIGHT, LICENSING AND EMERGING CHALLENGES IN THE DIGITAL ENTERTAINMENT INDUSTRY

    IPR, MEDIA AND ENTERTAINMENT LAW IN THE OTT ERA: BALANCING COPYRIGHT, LICENSING AND EMERGING CHALLENGES IN THE DIGITAL ENTERTAINMENT INDUSTRY

    AUTHOR– ANJALI BHATI, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

    BEST CITATION – ANJALI BHATI, IPR, MEDIA AND ENTERTAINMENT LAW IN THE OTT ERA: BALANCING COPYRIGHT, LICENSING AND EMERGING CHALLENGES IN THE DIGITAL ENTERTAINMENT INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 118-125, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The speedy expansion of OTT platforms has transformed the global media and entertainment landscape, challenging traditional IPR system. In this new era, balancing copyright protection with fair use, licensing agreements, and distribution rights has become increasingly complex. As content creators, distributors, and consumers navigate a fragmented digital ecosystem, OTT platforms are often at the center of debates over the ownership and monetization of creative works. Issues like cross-border copyright enforcement, digital piracy, and unauthorized content sharing are exacerbated by the borderless nature of the internet, necessitating a reevaluation of existing legal structures to address the unique demands of streaming services and their global audiences.

    This research article paper explores the evolving landscape of IPR in the OTT era, focusing on the interplay among copyright protection, licensing practices, and the challenges posed by new technologies such as digital streaming, piracy, and cross-border distribution. It examines how media companies and content creators must navigate the changing legal frameworks, including jurisdictional issues and the enforcement of rights across multiple territories. The study also analyzes into emerging challenges such as user-generated content, the role of Artificial Intelligence in content creation, and the implications of data privacy regulations on content consumption. The study seeks to provide insights into how the media and entertainment industries can strike a balance between protecting intellectual property, fostering innovation, and ensuring equitable access in the face of a rapidly evolving digital ecosystem.

    Key words: IPR, OTT, Copyright protection, Licensing

  • EVOLUTION OF JUVENILE JUSTICE LAWS IN INDIA: FROM THE JUVENILE JUSTICE ACT, 2000 TO CARE AND PROTECTION OF CHILDREN ACT, 2015

    EVOLUTION OF JUVENILE JUSTICE LAWS IN INDIA: FROM THE JUVENILE JUSTICE ACT, 2000 TO CARE AND PROTECTION OF CHILDREN ACT, 2015

    AUTHOR – NITISH SHAKYA* & ASTHA SRIVASTAVA**

    * STUDENT AT AMITY UNIVERSITY UTTAR PRADESH AMITY LAW SCHOOL LUCKNOW     

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH AMITY LAW SCHOOL LUCKNOW

    BEST CITATION – NITISH SHAKYA & ASTHA SRIVASTAVA, EVOLUTION OF JUVENILE JUSTICE LAWS IN INDIA: FROM THE JUVENILE JUSTICE ACT, 2000 TO CARE AND PROTECTION OF CHILDREN ACT, 2015, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 110-117, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    In response to growing concerns over major juvenile offences, India’s Juvenile Justice (Care and Protection of Children) Act, 2015 substantially revised laws passed in the year 2000. As a result of this change in the law, the courts may now try juveniles (those between the ages of 16 and 18) for serious offences as adults. In addition, it improves protections for children in risky situations, establishes specialised courts, and fortifies rehabilitative frameworks. Prioritising the well-being of juveniles, this act aims to strike a careful balance between rehabilitative measures and the enforcement of accountability. Sceptics of the Act have raised concerns about possible negative consequences, such as the stigmatisation of juvenile offenders, and the Act’s effectiveness in reducing juvenile delinquency has sparked heated discussion. In the end, this law is a reflection of India’s changing view of juvenile justice, which aims to balance the need for public safety with the preservation of children’s fundamental rights.

  • FORTIFYING DIGITAL PRIVACY: STRATEGIES TO COMBAT DATA BREACHES

    FORTIFYING DIGITAL PRIVACY: STRATEGIES TO COMBAT DATA BREACHES

    AUTHOR – YAMINI DEVI N, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI.

    BEST CITATION YAMINI DEVI N, FORTIFYING DIGITAL PRIVACY: STRATEGIES TO COMBAT DATA BREACHES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 92-109, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

                     Data is the powerful weapon in this generation .Protecting their data from being misused is equivalent to protecting their dignity. Because even a single data tells a history about us. Each and Every individual, in this world are entitled to live a life with equality, dignity and fair treatment. But, in this modern era, by the rapid development of the technology, living a life with privacy and dignity is the most challenging thing a person could come cross. Everywhere in the world, wherever we go and however we go, technology demands the data of us and company used to take away our data from us with and without consent, which leads to question our privacy and data security.

    This paper begins by examining the intersection of intellectual property rights with data protection regulations, focusing on landmark legislation such as the General Data Protection Regulation (GDPR) in the European Union. It highlights the evolving landscape of privacy-preserving technologies and the challenges posed by emerging digital trends.

    The main objective of this paper is to advocate awareness about the importance of data privacy, highlight legal safeguards, and propose strategies to mitigate risks and protect individuals’ rights in the digital age. Also emphasis to protect personal data, how data is collected from us and how it leads to the breach to our privacy and a impact on individual rights of us. Also this paper explores Technological solutions, such as encryption, anonymization, and privacy-enhancing technologies, can help mitigate privacy risks and protect personal data from unauthorized access or misuse.

    Furthermore, this paper discusses Indian laws that safeguard the privacy and data privacy of individuals, analyzing their effectiveness in addressing data misuse and malpractice. And this  paper will be concluded by addressing, Individuals also play a crucial role in safeguarding their privacy by being vigilant about the information they share online, understanding privacy settings, and exercising their rights to access and control their personal data.

  • A STUDY ON ROLE OF THE CHARTERED ACCOUNTANT-INDIAN ACCOUNTING STANDARDS [Ind AS] AND THE COMPANY SECRETARY – SECRETARIAL STANDARDS [SS]

    A STUDY ON ROLE OF THE CHARTERED ACCOUNTANT-INDIAN ACCOUNTING STANDARDS [Ind AS] AND THE COMPANY SECRETARY – SECRETARIAL STANDARDS [SS]

    AUTHOR – YUKTHANKITHA K* & Dr. S MARUTHUVIJAYAN**

    * STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY.

    ** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY.

    BEST CITATION – YUKTHANKITHA K & Dr. S MARUTHUVIJAYAN, A STUDY ON ROLE OF THE CHARTERED ACCOUNTANT-INDIAN ACCOUNTING STANDARDS [Ind AS] AND THE COMPANY SECRETARY – SECRETARIAL STANDARDS [SS], INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 85-92, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This paper examines the role and impact of Indian Accounting Standards (Ind AS) and Secretarial Standards (SS) in promoting financial transparency and effective corporate governance in India. Ind AS, which aligns with International Financial Reporting Standards (IFRS), aims to standardize the accounting practices followed by Indian companies, ensuring uniformity in financial reporting and enhancing the credibility of financial statements. By adopting these standards, businesses can offer more transparent, accurate, and comparable financial data, thereby fostering trust with investors and stakeholders. In parallel, the Secretarial Standards (SS), established by the Institute of Company Secretaries of India (ICSI), focus on ensuring compliance with corporate laws and regulations pertaining to corporate meetings, board governance, and record-keeping. These standards are vital in ensuring that companies operate in accordance with legal and regulatory frameworks, thereby promoting good corporate governance practices. While some of these standards are voluntary, they are increasingly becoming crucial for the effective operation of businesses. This paper further explores the connection between Ind AS and Secretarial Standards, highlighting how both frameworks work together to strengthen governance, ensure legal compliance, and enhance organizational accountability. Compliance with these standards is essential for building long-term business sustainability and maintaining investor confidence in India’s corporate sector.

    KEY WORDS: Indian Accounting Standards, Secretarial Standards, IFRS, ICSI.

  • FUTURE OF CRYPTO CURRENCY EMERGING TREND AND INNOVATION

    FUTURE OF CRYPTO CURRENCY EMERGING TREND AND INNOVATION

    AUTHOR – SURAJ KUMAR* & DR.KUNVAR DUSHYANT SINGH**

    * STUDENT AT AMITY UNIVERSITY LUCKNOW

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW    

    BEST CITATION – SURAJ KUMAR & DR.KUNVAR DUSHYANT SINGH, FUTURE OF CRYPTO CURRENCY EMERGING TREND AND INNOVATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 76-84, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The cryptocurrency sector has grown from Bitcoin in 2009 to a complicated industry with quick technology and changeable market trends. This article examines recent cryptocurrency innovations, focussing on sustainable cryptocurrencies, central bank digital currencies, decentralised finance, and non-fungible tokens. DeFi systems make financial services more accessible and efficient by enabling peer-to-peer transactions without middlemen. NFTs are revolutionising digital ownership and intellectual property by permitting the trade and price of unique digital assets. International research is investigating CBDCs to improve financial services and monetary policy. Green and sustainable cryptocurrency efforts also address the need to improve consensus mechanisms to lessen blockchain technology’s environmental impact. Privacy enhancements, interoperability frameworks, and Layer 2 scalability solutions are helping the bitcoin ecosystem. Layer 2 solutions like the Lightning Network and Rollups speed up and scale transactions, while Polkadot and Cosmos foster multi-chain ecosystems. Money transactions are safer because to zero-knowledge proofs and other privacy-focused innovations. Despite these advancements, the cryptocurrency business still has to overcome market instability, security concerns, and confusing rules. Strong standards, safety procedures, and strategies for unexpected markets are needed for long-term industry success. Finally, this paper suggests ways investors, corporations, and regulators might capitalise on the bitcoin market’s potential and challenges.

    Keywords: Cryptocurrency, Decentralized Finance (DeFi), Non-Fungible Tokens (NFTs), Central Bank Digital Currencies (CBDCs), Sustainable Cryptocurrencies, Layer 2 Solutions, Interoperability, Privacy Enhancements, Blockchain Technology, Market Volatility.

  • ARTIFICIAL INTELLIGENCE IN COMBATING CYBERCRIME IN INDIA: AN ANALYSIS OF CHALLENGES AND STRATEGIC OPPORTUNITIES

    ARTIFICIAL INTELLIGENCE IN COMBATING CYBERCRIME IN INDIA: AN ANALYSIS OF CHALLENGES AND STRATEGIC OPPORTUNITIES

    AUTHOR – RANJANA KHANDELWAL* & DR. RANA PARVEEN**

    * STUDENT AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA (U.P.), INDIA

    ** ADJUNCT RESEARCH SUPERVISOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA (U.P.), INDIA

    BEST CITATION – RANJANA KHANDELWAL & DR. RANA PARVEEN, ARTIFICIAL INTELLIGENCE IN COMBATING CYBERCRIME IN INDIA: AN ANALYSIS OF CHALLENGES AND STRATEGIC OPPORTUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 71-75, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The rapid digitization of India’s economy has led to a significant rise in cybercrimes, posing serious threats to individuals, businesses, and national security. As traditional cybersecurity measures struggle to keep pace with evolving threats, Artificial Intelligence (AI) emerges as a transformative tool to enhance cyber defense mechanisms. This paper explores the role of AI in combating cybercrime in India, focusing on its applications in threat detection, predictive analytics, and automated response systems. It also examines the challenges associated with AI adoption, including ethical concerns, data privacy issues, regulatory gaps, and the need for skilled professionals. Furthermore, the study highlights opportunities for strengthening India’s cybersecurity framework through AI-driven innovations, public-private partnerships, and policy reforms. By addressing these challenges and leveraging AI effectively, India can significantly enhance its cyber resilience and safeguard its digital infrastructure.

    Keywords: Artificial Intelligence, Cybercrime, Cybersecurity, Data Privacy.