Author: PRASANNASRI26092001

OCCUPATIONAL HEALTH AND SAFETY: LEGAL DUTIES OF EMPLOYERS

AUTHOR – NIVIIYA P, STUDENT AT SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – NIVIIYA P, OCCUPATIONAL HEALTH AND SAFETY: LEGAL DUTIES OF EMPLOYERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 392-396, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This article explores the legal duties of employers in relation to occupational health and safety (OHS), examining statutory obligations, common law principles, and international labor standards. Employers are increasingly held accountable for ensuring safe working environments, with legal responsibilities that include risk assessments, provision of safe systems and equipment, employee training, health surveillance, emergency preparedness, and consultation with workers. Drawing on legislation from jurisdictions such as the United Kingdom, United States, Australia, and the European Union, the article outlines both general and sector-specific duties. It further analyzes the legal consequences of non-compliance, including criminal liability, civil litigation, and administrative sanctions. Through historical context and case studies such as the Piper Alpha disaster and Rana Plaza collapse, the article underscores the evolution and continuing relevance of employer obligations. Emerging challenges—such as mental health, remote work, technological risks, and climate-related hazards—are also discussed. The article concludes that the fulfilment of legal duties in OHS is essential not only for legal compliance but also for promoting workplace safety, productivity, and employee well-being in a rapidly changing labor environment.

Keywords: Occupational health and safety (OHS), employer duties, workplace safety, international labour standards, safety culture.

ANNOYING BITS AND BYTES: CAUSES AND CURES TO IT WORKFORCE ATTRITION

AUTHOR – THANUSH TRIVIKRAM N* & DR. S. MARUTHAVIJAYAN**
* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI.

** ASSISTANT PROFESSOR, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI.

BEST CITATION – THANUSH TRIVIKRAM N & DR. S. MARUTHAVIJAYAN, ANNOYING BITS AND BYTES: CAUSES AND CURES TO IT WORKFORCE ATTRITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 370-391, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the electrifying domain of IT, where innovation reigns supreme and progress is the name of the game, the spectre of workforce attrition casts a long shadow over the industry. This study embarks on a daring quest to unravel the enigmatic forces driving talented IT professionals to bid adieu, affectionately dubbed as the “Annoying Bits and Bytes”. Through an intrepid exploration of organizational intricacies, individual motivations, and industry nuances, this research endeavors to unearth the hidden catalysts of attrition within the IT realm.

Employing a blend of qualitative and quantitative methodologies, ranging from immersive surveys to revealing interviews and enlightening case studies, this study navigates the labyrinthine nature of attrition within the IT landscape. From the insidious grasp of burnout and the elusive pursuit of career progression to the elusive alchemy of workplace culture and job fulfilment, the research ventures into the depths of what propels talented minds to seek new horizons.

But this expedition doesn’t stop at diagnosis; it charts a course towards actionable solutions and transformative remedies to stem the tide of attrition and cultivate an environment conducive to retention. Through the implementation of targeted interventions such as mentorship marvels, skill-building odysseys, and cultural metamorphoses, organizations can vanquish the attrition beast and forge an unwavering bond with their IT workforce.

In the annals of IT leadership, HR wizardry, and organizational alchemy, this research stands as a guiding light, illuminating the path through the turbulent seas of attrition in the digital age. By deciphering the underlying mysteries and deploying effective countermeasures, organizations can unleash the full potential of their IT workforce and chart a course towards enduring prosperity in the ever-evolving landscape of the IT industry.

KEYWORDS: IT industry, workforce attrition, organizational dynamics, career advancement, workplace culture, job satisfaction, talent retention, mentorship programs, skill development, cultural enhancements, organizational success, digital age.

THE ROLE OF MENTAL HEALTH IN CRIMINAL RESPONSIBILITY

AUTHOR – KAMALPREET KAUR* & DR SIMRANJIT KAUR**

* STUDENT OF CRIMINAL LAW LL.M 2 YEAR, SCHOOL OF LAW, CT UNIVERSITY, LUDHIANA

** PRINCIPAL OF SCHOOL OF LAW, CT UNIVERSITY, LUDHIANA

EMAIL- BRARADVOCATEKAMALPREET@GMAIL.COM

BEST CITATION – KAMALPREET KAUR & DR SIMRANJIT KAUR, THE ROLE OF MENTAL HEALTH IN CRIMINAL RESPONSIBILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 359-369, APIS – 3920 – 0001 & ISSN – 2583-2344

1. Abstract

Mental health plays a critical role in determining the level of criminal responsibility, particularly through the legal defenses of the insanity plea and diminished responsibility. These defenses reflect a complex intersection between psychiatry and criminal law, acknowledging that certain mental disorders—such as schizophrenia, bipolar disorder, and severe depression—can significantly impair an individual’s judgment, intent, and understanding of right and wrong. As a result, courts must evaluate not only the actions of defendants but also their mental state at the time of the offense. The insanity defense typically asserts that the defendant was unable to appreciate the nature or wrongfulness of their conduct due to a severe mental illness, thereby negating criminal liability. In contrast, diminished responsibility does not absolve the defendant but may lead to lesser charges or mitigated sentences based on reduced culpability. This paper explores how criminal responsibility is assessed through legal procedures that incorporate psychiatric evaluations and expert testimony. By examining case studies, including notable trials where mental illness influenced verdicts, the paper illustrates how judicial outcomes are shaped by both medical diagnoses and legal standards such as the M’Naghten Rules or Model Penal Code criteria. The evolving relationship between mental health and the justice system also raises ethical concerns about accountability, rehabilitation, and public safety, especially when individuals with mental disorders are diverted to mental health treatment instead of incarceration. Legal systems worldwide continue to refine their approaches to ensure fairness while protecting societal interests. The integration of psychological expertise into legal processes has advanced more compassionate and individualized responses to criminal behavior rooted in mental illness.

Keywords: Criminal responsibility, Mental health, Insanity plea, Diminished responsibility, Psychiatry, Judicial outcomes.

THE ROLE OF THE IBBI IN RESOLVING FINANCIAL DISTRESS IN THE INDIAN BANKING SECTOR

AUTHOR- MAYANK SARASWAT, LLM STUDENT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – MAYANK SARASWAT, THE ROLE OF THE IBBI IN RESOLVING FINANCIAL DISTRESS IN THE INDIAN BANKING SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 338-358, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper critically examines the role of the Insolvency and Bankruptcy Board of India (IBBI) in resolving financial distress within the Indian banking sector through the effective implementation of the Insolvency and Bankruptcy Code (IBC), 2016. It highlights how the introduction of the IBC marked a paradigm shift from earlier fragmented and inefficient insolvency frameworks, offering a time-bound, creditor-driven process that addresses the challenges of mounting non-performing assets (NPAs) and sluggish debt recovery. The paper explores the regulatory, supervisory, and developmental functions of the IBBI, emphasizing its contribution to strengthening creditor rights, enhancing transparency, and fostering financial discipline among corporate borrowers. It also assesses the impact of the IBC on improving recovery rates, expediting resolution timelines, and bolstering investor confidence. Furthermore, the study identifies key challenges such as judicial delays, stakeholder conflicts, and concerns of operational creditors, while analyzing the IBBI’s ongoing efforts to refine regulations and adopt international best practices. The research underscores the significance of coordinated institutional efforts, particularly between the IBBI, RBI, SEBI, and NCLT, in ensuring the success of the insolvency resolution framework. Ultimately, the paper argues that the IBBI’s role is central to shaping a dynamic, efficient, and equitable insolvency regime that supports the stability and resilience of the Indian banking sector.

A LEGAL JUDICIAL STRUGGLE FOR LGBTQ RIGHTS VIS-A-VIS CURRENT CHALLENGES OR INJUSTICES

AUTHOR – DEEPIKA SAHU* & MS. SHAILJA KHOSLA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – DEEPIKA SAHU & MS. SHAILJA KHOSLA, A LEGAL JUDICIAL STRUGGLE FOR LGBTQ RIGHTS VIS-A-VIS CURRENT CHALLENGES OR INJUSTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 327-337, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The legal and judicial fight for LGBTQ rights has been a relentless fight against legal restriction, marginalization, and discrimination everywhere. The fight for full legal equality is still ongoing, even in light of landmark rulings like Navtej Singh Johar v. Union of India and Obergefell v. Hodges, which legalized homosexuality and same-sex marriage. LGBTQ people still have to deal with a variety of issues, such as societal stigma, job discrimination, and the denial of adoption and marriage rights.
Using international human rights texts, legislative reforms, and court rulings, this study critically examines the evolution of LGBTQ rights. It explores contemporary topics such as hate crimes, gender identity legalization, and the legal status of cultural and religious considerations. The best practices and legal protection gaps are identified through comparative analysis between India, the US, the UK, and European nations. The report ends with policy recommendations to support judicial activism, legalize same-sex marriage, offer access to healthcare that is gender affirming, and strengthen anti-discrimination laws. It suggests a rights-based strategy for LGBTQ legal reforms that upholds the dignity and substantive equality of all people, irrespective of their gender identification or sexual orientation.

KEYWORDS : LGBTQ rights, legal challenges, discrimination, decriminalization, gender identity, human rights, anti-discrimination laws, hate crimes, workplace equality, adoption rights, legal recognition, constitutional rights, policy reforms, comparative analysis, judicial activism, international law, LGBTQ protections, social stigma.

CORPORATE ENVIRONMENTAL ACCOUNTABILITY: REDEFINING LIABILITY PARADIGMS AND EXPANDING LEGAL FRONTIERS IN A CLIMATE-CONSCIOUS ERA

AUTHOR – GAURAV SIDDHARTHA* & DR. AXITA SRIVASTAVA**

* LLM BUSINESS LAW SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW

 BEST CITATION – GAURAV SIDDHARTHA & DR. AXITA SRIVASTAVA, CORPORATE ENVIRONMENTAL ACCOUNTABILITY: REDEFINING LIABILITY PARADIGMS AND EXPANDING LEGAL FRONTIERS IN A CLIMATE-CONSCIOUS ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 318-326, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the face of escalating climate change, corporate environmental accountability has emerged as a critical legal and moral imperative, particularly in India, a nation balancing rapid industrialization with climate vulnerability. This paper examines the evolving landscape of corporate liability for climate-related harms, focusing on Indian legal frameworks and landmark cases, complemented by international precedents. It analyzes how constitutional mandates, environmental statutes, tort law, and public interest litigation (PIL) are redefining liability parameters in India. By exploring challenges such as causation, standing, enforcement, and green- washing, and proposing robust pathways for accountability, the paper underscores India’s potential to lead in expanding legal frontiers in a climate-conscious era. The analysis integrates attribution science, human rights frameworks, and mandatory due diligence, offering a comprehensive roadmap for holding corporations accountable.

Keywords: Corporate Responsibility, Environmental Accountability, Indian Legal Framework, Climate Protection etc.

A STUDY ON THE CHALLENGES IN DEFINING WORKING HOURS AND RIGHTS IN THE POST-PANDEMIC ERA

AUTHOR – RAMALINGAM.R, STUDENT AT TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – RAMALINGAM.R, A STUDY ON THE CHALLENGES IN DEFINING WORKING HOURS AND RIGHTS IN THE POST-PANDEMIC ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 311-317, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Cyber law cases often face significant delays due to a combination of factors, including the evolving nature of cybercrime, lack of expertise, jurisdictional challenges, and procedural complexities. The intersection of these issues contributes to the slow resolution of cyber law cases.One of the primary reasons for delays in cyber law cases is the rapidly evolving landscape of cybercrime. Cybercriminals constantly develop new methods and technologies to exploit vulnerabilities, making it difficult for investigators and legal professionals to keep up4. As Justice Anoop Chitkara of the Punjab & Haryana High Court noted, cybercrime is an emerging field, and investigators often lack the necessary skills and educational qualifications to tackle these crimes effectively. This deficiency leads to longer investigation times, as investigators need more time to understand the technologies and methods used by cybercriminals. Jurisdictional issues further complicate cyber law cases. Cybercrime often transcends geographical boundaries, making it challenging to determine which jurisdiction has the authority to investigate and prosecute the offenders4. As noted in “Emerging Issues of Cyber Space,” cybercrime is easy to commit but extremely difficult to trace in terms of jurisdiction, considering the geographical indeterminacy of the internet. The problem of territorial sovereignty is a significant one that the IT Act of 2000 does not adequately resolve, leading to investigators sometimes abandoning cases based on jurisdictional concerns

UNFAIR LABOUR PRACTICES AND VICTIMIZATION

AUTHOR – MITHULA .S, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MITHULA .S, UNFAIR LABOUR PRACTICES AND VICTIMIZATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 302-310, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

Unfair labour practice is defined, and the practices which are considered as an unfair labour practice were mentioned in the Industrial disputes act 1982. Unfair labour practices is one of the main objectives of the Industrial disputes act. The acts that are done by the labor practice are mostly on the part of the employer and the trade union, which may lead to the violation of rights and protection guaranteed by the labor laws. If any of the employers, the trade union, or the workers engage in unfair labour practices, then they will be liable under the Industrial Disputes Act of 1982, which contains provisions for punishment and the prohibition of unfair labor practices. Unfair labour practice will depend on the specific facts, circumstances and the ruling of the court State legislation also enforces an act to prevent unfair labor practices.

GENDER-NEUTRAL DOMESTIC VIOLENCE LAWS: PROTECTING ALL VICTIMS

AUTHOR – NAGESWARI R* & RISHIBA**

* ASSISTANT PROFESSOR (VISTAS), PV VAITHIYALINGAM RD, VELAN NAGAR, KRISHNAPURAM, PALLAVARAM, CHENNAI, TAMIL NADU 600117,

** STUDENT, (VISTAS), PV VAITHIYALINGAM RD, VELAN NAGAR, KRISHNAPURAM, PALLAVARAM,

CHENNAI, TAMIL NADU 600117,

BEST CITATION – NAGESWARI R & RISHIBA, GENDER-NEUTRAL DOMESTIC VIOLENCE LAWS: PROTECTING ALL VICTIMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 290-301, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Domestic violence is a pervasive issue that transcends gender, affecting individuals regardless of their identity. Traditional legal frameworks, however, have predominantly focused on female victims, often overlooking the experiences of male and LGBTQ+ survivors. This article examines the necessity of gender-neutral domestic violence laws, highlighting the historical evolution of gendered legal protections and the urgent need for inclusivity in legal frameworks.

The challenges faced by non-female victims, including underreporting, legal disadvantages, and societal stigma, are explored, emphasizing the importance of equitable recognition under the law. A comparative analysis of countries with gender-neutral domestic violence statutes demonstrates the benefits of inclusive legal protections, offering insights into best practices. Additionally, real-life case studies illustrate the impact of gender biases in judicial proceedings and the transformative potential of unbiased laws.

The role of law enforcement and the judiciary is critically examined, focusing on the need for training and sensitization programs to ensure impartial investigations and fair trials. The article concludes by proposing policy reforms and legal amendments aimed at fostering a truly inclusive justice system. By advocating for a gender-neutral approach, this article underscores the imperative of legal frameworks that protect all victims, ensuring justice is not contingent upon gender but on the principle of equal protection under the law.

Keywords: Gender neutral bias, Domestic abuse, legal reforms, victim support system, gender stereotypes.

EVOLUTION AND THEORETICAL FRAMEWORK OF INSOLVENCY RESOLUTION PROCESS IN INDIA AND THE UK

AUTHOR – RITIKA KUMARI, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – RITIKA KUMARI, EVOLUTION AND THEORETICAL FRAMEWORK OF INSOLVENCY RESOLUTION PROCESS IN INDIA AND THE UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 279-289, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The insolvency resolution processes in India and the UK reflect distinct legal frameworks shaped by their respective economic and judicial systems. This comparative study analyzes the key features, efficiencies, and challenges of insolvency mechanisms under India’s Insolvency and Bankruptcy Code, 2016 (IBC) and the UK’s Insolvency Act, 1986 (including subsequent reforms). While both jurisdictions prioritize creditor rights and business continuity, their approaches differ in structure, timelines, and stakeholder participation.

India’s IBC introduces a time-bound resolution process (180-330 days) administered by the Insolvency and Bankruptcy Board of India (IBBI), emphasizing the primacy of Committee of Creditors (CoC) and the exclusion of erstwhile management during proceedings. The UK’s regime offers multiple procedures—Administration, Company Voluntary Arrangements (CVAs), and Liquidation—with greater flexibility for debtor-in-possession models (e.g., pre-pack administrations). Judicial oversight is more decentralized in the UK, with courts playing a limited role compared to India’s National Company Law Tribunal (NCLT)-driven process.

Keywords: Insolvency Resolution, IBC, Creditor Rights, Cross-Border Insolvency