Author: PRASANNASRI26092001

OCCUPATIONAL SAFETY AND HEALTH IN INDIAN WORKPLACE: CHALLENGES, REFORMS, AND THE ROAD AHEAD

AUTHOR – MAHALAKSHMI. A, STUDENT AT DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – MAHALAKSHMI. A, OCCUPATIONAL SAFETY AND HEALTH IN INDIAN WORKPLACE: CHALLENGES, REFORMS, AND THE ROAD AHEAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 704-709, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Occupational health remains neglected in most developing countries due to competing social, economic, and political challenges. This has more to do with the fact that the demands are articulated by the less powerful i.e. the workers. Healthcare professionals not routinely obtaining occupational exposure history, long latency period of morbidities, lack of accurate data on toxic exposure, and conflicts of interest between the financial gains of the employer and the health of the worker are sum of the major challenges to reporting of occupational events. Improved surveillance systems, stricter implementations of legislations, large scale clinical and epidemiological research and better educational opportunities are the need of the hour. In India, rapid industrialization and economic growth have heightened the need for robust Occupational Safety and Health(OSH) mechanisms.

THE LEGAL AND ETHICAL IMPLICATIONS OF AI-DRIVEN DATA BREACHES: CHALLENGES IN ATTRIBUTION AND LIABILITY

AUTHOR – AKANSHA, IILM GREATER NOIDA

BEST CITATION – AKANSHA, THE LEGAL AND ETHICAL IMPLICATIONS OF AI-DRIVEN DATA BREACHES: CHALLENGES IN ATTRIBUTION AND LIABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 689-703, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

As AI enters and modifies digital disruption, a major impact on cyber security is attributed to analytical capabilities in detecting and responding to threats. Nevertheless, this has caused an infantile upward trajectory in malicious actors using AI tools to induce autonomous attacks. Some pressing issues include AI-assisted data breaches with its major distinguishing feature: unauthorized access to sensitive information accomplished partially or fully by AI systems. With these acts come immense legal and ethical questions: particularly attributing moral and civil responsibility. These pre-established legal frameworks centre more on human intent and liability rather than the complications of autonomous self-learning systems.
Through this research paper, the authors investigate the multifarious challenges of AI-influenced data breaches. The paper navigates the nature of actionable data breaches, the use of AI tools for any slapstick kind of infiltration, exfiltration, or manipulation of data, and complexity and autonomy that make forensic examination very complicated. The laws in plethora of jurisdictions such as the European Union, the US, and India are evaluated, where significant gaps in AI-specific regulation are found. For example, GDPR and California Consumer Privacy Act (CCPA) are robust in respective domains. Still, they do not cover AI-enabled cyberattacks, particularly self-modifying algorithms or cloud-based AI tools working on third-party servers.
From the ethical plane, it would also throw into question moral responsibility while an autonomous data breach is being perpetrated. In a situation where an AI system, on its own, is responsible for a data breach, who then should take the blame? The developer, the deployer, the one making use of it, or the AI itself? Such issues challenge long-established principles of moral agency, intent, and fairness. Its further points to AI and the lack of transparency regarding it, which include the “black box” nature of such processes, resulting in ethical accountability being impeded and legal adjudication being deferred.
Attribution, the identification of the actor behind a breach, becomes notorious with AI. AI can cover up its digital train, traverse multiple jurisdictions, and attack without sustained human monitoring, greatly hampering international cooperation and legal enforcement. The nuance continues with liability: Do we want to regard liability as strict, negligence-based, or vicarious when AI itself becomes the agent of harm? The authors argue for adopting a model of liability that is hybrid, with regard to control, intent, and foreseeability operative of all stakeholders.
To tackle the above challenges, this paper supports a multi-pronged approach operating toward legislative reform, ethical design of AI, and international collaboration. Suggested solutions include framing laws on AI-specific liability, global protocols on attribution, and mandatory/voluntary collaboration involving international stakeholders.

CONSENT AND COERCION: THE LEGAL AND CULTURAL LANDSCAPE OF MARITAL RAPE IN INDIA

AUTHOR – ADISHREE BHATT, KES SHRI JAYANTILAL PATEL LAW COLLEGE, KANDIVALI WEST

BEST CITATION – ADISHREE BHATT, CONSENT AND COERCION: THE LEGAL AND CULTURAL LANDSCAPE OF MARITAL RAPE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 679-688, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This article analyses the legal and social aspects of marital rape in India, focusing on the inconsistencies in the laws that exclude husbands from prosecution. It discusses the implications of such legal frameworks on women’s autonomy over their bodies and human rights, calling for reform. Through a study of global viewpoints and court precedents, the paper urges criminalizing marital rape, codifying clear consent definitions, and increasing victim support systems. It finally demands a change in culture towards understanding consent as core to the very essence of society, striving to build a safer and more just society for women in India

LEGAL OBSTACLES IN PHISHING PREVENTION: ADDRESSING JURISDICTION, ACCOUNTABILITY, AND EVOLVING THREATS

AUTHOR – PRANJUL DUBEY* & DR. JYOTI YADAV**

* LLM (CYBER LAW & CYBER SECURITY) AMITY UNIVERSITY, LUCKNOW.

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – PRANJUL DUBEY & DR. JYOTI YADAV, LEGAL OBSTACLES IN PHISHING PREVENTION: ADDRESSING JURISDICTION, ACCOUNTABILITY, AND EVOLVING THREATS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 671-678, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Phishing has become one of the most common and advanced types of cybercrime, impacting both individuals and organizations worldwide. In India, the growing dependence on digital platforms, along with weaknesses in the legal system, creates serious challenges in preventing phishing. This paper looks at the legal difficulties India faces in dealing with phishing, focusing on issues of jurisdiction, accountability, and the constantly changing methods used by cybercriminals. It reviews India’s existing laws, such as the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, to assess whether they are effective in tackling phishing. The paper also examines the role of courts and regulatory bodies, offering suggestions for improving laws, strengthening international cooperation, and increasing accountability to better address phishing threats.

A COMPARATIVE STUDY OF FORD VS FERRARI IN MOTORSPORTS HISTORY

AUTHOR – SANTHOSH PANDIAN P* & DR. S.MARUTHAVIJAYAN**

* STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL)

** ASSISTANT PROFESSOR AT TAMIL NADU DR. AMBEDKAR LAW UNVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL)

BEST CITATION – SANTHOSH PANDIAN P & DR. S.MARUTHAVIJAYAN, A COMPARATIVE STUDY OF FORD VS FERRARI IN MOTORSPORTS HISTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 659-670, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Ford vs. Ferrari rivalry, a historic rivalry in motor sports, is centred around a clash of philosophies. Ferrari, founded in 1947, represents a passion for racing, while Ford, a symbol of American industrial might, aimed to boost its global image through motor sport success. The rivalry reached its peak at the 24 Hours of Le Mans in the late 1960s when Ford developed the GT40 to beat Ferrari. The study explores their key car designs, race strategies, and leadership styles, revealing how their differences pushed each to new heights. The Ford vs. Ferrari saga reshaped how people see racing, influencing car design and brand identity.

KEYWORDS:

Ford, Ferrari, Historic rivalry, Unforgettable mark, American, 24 hours of Le Mans, GT40, Racing, World, Car, Motor sport.

ROLE OF ADR IN SPEEDY JUSTICE SYSTEM IN INDIA

AUTHOR – PRATYAKSH GARG, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

BEST CITATION – PRATYAKSH GARG, ROLE OF ADR IN SPEEDY JUSTICE SYSTEM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 648-658, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian judiciary is confronted with an increasingly mounting backlog of cases, compromising access to timely justice for millions of pending litigations in different courts. Not only does this delay justice, but it also violates the fundamental right of a person, there in the legal maxim, justice delayed is justice denied. In such a scenario, alternate dispute resolution mechanisms have proven to be a useful tool for resolving delays in the formal judicial process. ADR encompasses procedures like arbitration, mediation, conciliation and negotiation, which offers litigants quick, cost-saving and friendly solutions to disputes. These mechanisms facilitate quick resolution of disputes while easing the court workload. The current research explores the central role played by ADR in the Indian justice system and examines its impact on decreasing case pendency along with increasing accessibility of justice for weaker and marginal sections. The research gives an elaborate account of the legal provision that regulates ADR in India, including the arbitration and conciliation act, 1996, and the legal service authorities act, 1987, which formalized Lok Adalat.

Keywords – Cost effective, Friendly solutions, Arbitration and conciliation act, Legal service authorities act, Lok Adalat.

CHALLENGE OF SPACE JUNK

AUTHOR – U.DIVYA* & S. YUVARANI**

STUDENTS AT DR.AMBEDHKAR LAW UNIVERSITY

BEST CITATION – U.DIVYA & S. YUVARANI, CHALLENGE OF SPACE JUNK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 641-647, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Space junk, or orbital debris, poses a significant threat to operational spacecraft and satellites, increasing the risk of collisions and damage. The accumulation of defunct objects in Earth’s orbit hinders space exploration and endangers future missions. Effective mitigation and removal strategies are necessary to address this growing concern. Define Space junk,” also known as space debris, refers to any non-functional, artificial objects in space, including defunct satellites, spent rocket stages, and fragments from collisions or explosions, that pose a risk to other spacecraft and astronauts.

DISHONOUR OF CHEQUE IN INDIA: IT’S LEGAL ISSUES AND CHALLENGES

AUTHOR – VIJAY CHANDRAN R, LL.M STUDENT, AMITY LAW SCHOOL, NOIDA, U.P

BEST CITATION – VIJAY CHANDRAN R,, DISHONOUR OF CHEQUE IN INDIA: IT’S LEGAL ISSUES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 623-631, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In India, cheque has a significant role and used it as an instrument for financial transactions, especially during the trade transactions and also used for the personal purposes. The cheque is considered as a negotiable instrument, and it means as a written document which gives a guarantee or promise to pay a certain amount to a specific person for discharging his debt. Apart from cheque, promissory note and the bill of exchange is considered as negotiable instrument. In India, the Negotiable Instruments Act 1881 is the legal framework which governs all these and also it specifies certain procedures in case of any cheating or fraud. Section 138 of Negotiable Instrument Act 1881 clarifies the penal provisions in case of dishonoring of cheque and it attracts both criminal and civil liability in India. The aim of this act is to safeguard the payee (the person whom the money is directed to be paid) and facilitate both personal and business transactions and also have the legal right to receive it from the borrower. In early days, due to the growth of trade, funds become necessary for the shipment of goods and the importance of cheques increased and they considered as an alternative method instead of carrying physical cash in hand. But gradually the lenders faced several issues regarding the delay in repayment of funds and need a statute to tackle this problem and finally it led to the enactment of Negotiable Instruments Act 1881 in India. Section 138 considered as the cornerstone of the Negotiable Instrument Act and it criminalizes the dishonor of cheque practice aiming to safeguard the payee and enhance the credibility of the negotiable instruments. But at the same time, it faces some challenges and issues.

Here, this paper delves into the major legal issues and challenges that arising while applying the law like misusing of laws, delays in complaint filing, heavy burden of cases upon the courts, the burden of proof, liability of the bank, lack of legal knowledge and also strengthening the alternative dispute resolution mechanism to reduce the pending dishonor of cheque cases and for the speedy disposal of it. This paper attempts to provide a thorough examination of section 138 by assessing the difficulties and complications related to the statute.

KEYWORDS: Negotiable Instruments Act,1881, Dishonour of cheques, Section 138, Bank ability, Insufficient funds, Alternative resolution mechanism.

THE PRESIDENT OF INDIA: A CONSTITUTIONAL ANALYSIS

AUTHOR – ASHUTOSH PANDEY, STUDENT AT CAMPUS LAW CENTRE, UNIVERSITY OF DELHI

BEST CITATION – ASHUTOSH PANDEY, THE PRESIDENT OF INDIA: A CONSTITUTIONAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 609-622, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The President of India is the Constitutional head of the Indian Republic and the First Citizen of India. As a ceremonial head of State, the president represents the unity and integrity of the nation while performing essential constitutional, legislative, and executive functions. Although the real executive power vests in the Prime Minister and the Council of Ministers, the President plays a crucial role in ensuring the smooth functioning of India’s democracy.

Under the Constitution of India, the President serves as the chief executive of the Union Government, vested with a long list of powers and functions. These powers are generally exercised on the advice and aid of the Council of Ministers, under the leadership of the Prime Minister as Head, as per Article 74^[1]. This framework is based on the British parliamentary system. However, it is hard to find a Head of State who has a wide range of powers and functions, but these powers are not supposed to be directly exercised by him.

The President is often perceived as the most powerful authority within the state; however, this is a partial truth. The President functions as the constitutional Head, while all the powers and functions are exercised by the Council of Ministers. The president, acting merely as a formal figurehead, is like a silent spectator who has to act on the aid and advice of the Council of Ministers.

 According to Article 52^[2]The existence of the President is mandated under any circumstances.  One of the paramount duties of the President, as mentioned in Article 60^[3]It is to preserve, protect, and defend the Constitution (Article 60^[4] – oath of President). A failure to protect would also amount to a breach of his duty and subject him to impeachment proceedings under Article 61.^[5]

This article explores the constitutional provisions, historical context, and practical functioning of the Indian presidency, examining its similarities with and distinctions from the British monarch. It also analyses the President’s discretionary powers, the impeachment process, and the evolving role in India’s parliamentary democracy. By delving into these aspects, the article aims to provide a comprehensive understanding of one of India’s most prestigious yet often misunderstood institutions.

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[1] The  Constitution of India, Art. 74

[2] The  Constitution of India, Art. 52

[3] The  Constitution of India, Art. 60

[4] The  Constitution of India, Art. 60

[5] The  Constitution of India, Art. 61

INDIAN JUSTICE SYSTEM: IMPEACHMENT, INQUIRIES, AND POLITICAL INFLUENCE

AUTHOR – AMAN BHARTI* & PROF. (DR.) ARUN KUMAR SINGH**

* LLM (CONSTITUTIONAL AND ADMINISTRATIVE LAW) ||LL.B|| ENGLISH(HONS) || THE ICFAI UNIVERSITY, DEHRADUN AMANBHARTI85810@GMAIL.COM

** PROFESSOR, THE ICFAI UNIVERSITY, DEHRADUN. EMAIL – ARUN.SINGH@IUDEHRADUN.EDU.IN

BEST CITATION – AMAN BHARTI & PROF. (DR.) ARUN KUMAR SINGH, INDIAN JUSTICE SYSTEM: IMPEACHMENT, INQUIRIES, AND POLITICAL INFLUENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 594-608, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The lack of strong mechanisms to ensure judicial accountability has raised worries about corruption, political meddling, and diminishing public confidence. This concern has been central to legal discussions, with multiple reform efforts made, yet finding the proper equilibrium between autonomy and responsibility continues to be a significant challenge. The present state of judicial accountability in India is riddled with challenges, ranging from political interference in impeachment processes to insufficient transparency in investigations of judicial misconduct. The greater issue is not judicial overreach but the judiciary’s growing hesitance to confront executive intrusions. This scenario endangers the fundamental nature of the judiciary’s responsibility as a defender of citizens’ rights and a steward of the Constitution. This analysis examines the intricacies of this matter, investigating the necessity for reform and the significance of preserving the integrity of India’s judicial system.

This study examines the challenges of reconciling judicial independence with accountability measures in India, intending to investigate how reforms and public involvement can improve transparency, integrity, and confidence in the judiciary. The primary research inquiries aim to identify ways to improve the equilibrium between judicial independence and accountability, tackle deficiencies in judicial oversight and the process of judge removal, and examine how open justice practices, like live-streaming court sessions, can bolster transparency.