Author: PRASANNASRI26092001

GENDER JUSTICE OR LEGAL COMPROMISE? MEDIATION IN 498A AND THE FEMINIST LEGAL PERSPECTIVE

AUTHOR – MR ARJUN ANAND* & MS SNEHA TIWARI**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – MR ARJUN ANAND & MS SNEHA TIWARI, GENDER JUSTICE OR LEGAL COMPROMISE? MEDIATION IN 498A AND THE FEMINIST LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 263-278, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Section 498A of the Indian Penal Code (IPC), introduced in 1983, was legislated to safeguard married women from cruelty inflicted by husbands or in-laws, particularly relating to dowry demands. Over the years, however, multiple judicial observations and public discourse have raised concerns about its misuse. The Supreme Court of India has remarked that the provision has sometimes been employed to settle personal scores, thereby resulting in undue harassment of the accused families^[1].

In light of these challenges and to alleviate the burden on the criminal justice system, mediation has increasingly been adopted as an Alternative Dispute Resolution (ADR) mechanism even in non-compoundable matrimonial offenses. Courts have progressively referred Section 498A disputes to mediation centres, especially in metropolitan areas, with the aim of fostering amicable settlements^[2].

This increasing reliance on mediation has sparked debates within legal and academic circles. On one hand, it is seen as a reconciliatory mechanism that can preserve familial harmony and reduce prolonged litigation^[3]. On the other, critics warn that encouraging mediation in cases of domestic violence may result in the dilution of justice, as victims may be pressured into settlements that do not adequately address the harm suffered^[4].

Feminist legal scholarship adds a deeper dimension to this discourse. While some theorists argue that mediation can empower women by allowing them to negotiate terms directly^[5], others maintain that it risks silencing victims due to unequal power dynamics and societal coercion^[6]. This study adopts a qualitative research methodology involving analysis of case law, government reports, and peer-reviewed journal articles. The findings suggest that while mediation holds reconciliatory value, robust safeguards and legal oversight are essential to ensure that justice is not compromised for vulnerable women.

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^[1]  Supreme Court of India, Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443.

^[2] National Legal Services Authority (NALSA), “Mediation: A Better Approach to Matrimonial Disputes” (2021) https://nalsa.gov.in/ accessed 8 April 2025.

^[3] Law Commission of India, Report No. 243, ‘Section 498A IPC’ (2012) https://lawcommissionofindia.nic.in/ accessed 8 April 2025.

^[4] Ghosh, Shibani, “Judicial Attitudes Towards Mediation in Domestic Violence Cases in India” (2017) Indian Law Review https://www.tandfonline.com/ accessed 8 April 2025.

^[5] Menon, Nivedita, “Recovering Subversion: Feminist Politics Beyond the Law” (Permanent Black, 2004)

^[6]  Kishwar, Madhu, “Domestic Violence Bill: A Flawed Attempt at Social Reform” (2005) Manushi: A Journal About Women and Society https://manushi.in/ accessed 8 April 2025.

“INSIDER TRADING IN THE AGE OF SOCIAL MEDIA: A LEGAL AND ETHICAL ANALYSIS OF THE WHATSAPP LEAK AND GAMESTOP CASES”

AUTHOR – SRISHTI MITTAL, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – SRISHTI MITTAL, “INSIDER TRADING IN THE AGE OF SOCIAL MEDIA: A LEGAL AND ETHICAL ANALYSIS OF THE WHATSAPP LEAK AND GAMESTOP CASES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 249-262, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the digital age, social media has emerged as a powerful force influencing financial markets, challenging traditional definitions and enforcement of insider trading laws. This paper critically examines the intersection of social media and insider trading through the lens of two high-profile cases: the WhatsApp Leak case in India and the GameStop short squeeze in the United States. By analysing the legal frameworks governing insider trading in both jurisdictions, the study explores how platforms like WhatsApp and Reddit have been used to disseminate market-sensitive information or mobilize retail investors, often resulting in dramatic price movements and regulatory scrutiny. The research further delves into the evidentiary challenges posed by encrypted digital communication, the ethical implications of viral misinformation, and the constitutional dilemmas surrounding privacy and freedom of expression. Through a comparative legal analysis, this paper identifies regulatory gaps and enforcement limitations in the current system and proposes policy recommendations to address the evolving nature of financial misconduct in the social media era. Ultimately, the paper argues for a nuanced and technologically informed legal response that balances innovation with market integrity and investor protection.

RIGHTS TO GET UNADULTERATED FOOD LEGAL FRAMEWORK IN INDIA

AUTHOR – OJASVEER MANN, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – OJASVEER MANN, RIGHTS TO GET UNADULTERATED FOOD LEGAL FRAMEWORK IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 234-248, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The right to unadulterated food is an essential component of the right to life under Article 21 of the Indian Constitution, reflecting the increasing significance of food safety in public health jurisprudence. This dissertation critically examines the legal framework surrounding the right to safe and unadulterated food in India, focusing on constitutional provisions, statutory enactments such as the Food Safety and Standards Act, 2006, and the role of judicial interpretation in enforcing consumer protection. The study highlights the growing concern over food adulteration and its multifaceted legal, health, and ethical implications. Through doctrinal analysis, it evaluates the effectiveness of regulatory bodies such as the Food Safety and Standards Authority of India (FSSAI), and assesses the impact of enforcement mechanisms and penalties prescribed under Indian food laws. Comparative insights and case laws further underscore the gaps between legal provisions and their implementation. The research concludes with recommendations to strengthen the regulatory landscape and enhance consumer awareness to realize the right to unadulterated food as a fundamental human right.

Keywords: Right to Unadulterated Food; Article 21; Food Safety and Standards Act, 2006; FSSAI; Consumer Protection; Public Health; Constitutional Rights; Food Adulteration; Legal Framework; Judicial Interpretation; Regulatory Mechanism; Penal Provisions; Right to Life; Food Safety Regulations; Human Rights.

INDIA’S STRUGGLE TO MAKE MARITAL RAPE A CRIMINAL OFFENSE

AUTHOR – SOUMYA PATNAIK & TITHI NASKAR

STUDENTS AT BIRLA GLOBAL UNIVERSITY

 BEST CITATION – SOUMYA PATNAIK & TITHI NASKAR, INDIA’S STRUGGLE TO MAKE MARITAL RAPE A CRIMINAL OFFENSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 228-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape is when there is any sexual activity between two spouses and one of them does not give consent, one partner is having sexual intercourse with the other without his/her consent or will, through threats, manipulation. Traditionally, the concept of marriage itself is so patriarchal that it gives a man complete independence to have sexual intercourse with his wife whenever he wants without taking the wife’s consent, basically the concept of marriage associates with the idea of sexual entitlement. These type of abuse or violence raises questions about the basic human rights of the victim and also affects the mental and physical health of the victim. Sexual abuse within a marriage has been historically normalized and overlooked, and therefore sexual access is presumed as the right of the husband, this outdated thinking is contributing a lot towards the invisibility of marital rape in the country and the victims are suffering torture due to shame and fear of not getting any legal protection. The concept of marital rape challenges the special right or privileges a man enjoys. Historically, it protects or shields husband after raping his wife, there are mental effects of marital rape which often gets ignored because of no physical evidence of it. The mental trauma, depression, anxiety, feeling of being betrayed, not feeling safe in one’s own house affects an individual badly.

KEYWORDS

 marital rape, consent, spouses, sexual intercourse, abuse, violence, human rights, betrayal, safety, shame, trauma, legal protection, normalization, threats, manipulation, sexual entitlement, invisibility, outdated thinking, mental health.

CHALLENGES AND EMERGING TRENDS IN AML REGULATIONS

AUTHOR – HIMANSHI THAKUR, LLM(CB&IL) STUDENT, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – HIMANSHI THAKUR, CHALLENGES AND EMERGING TRENDS IN AML REGULATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 214-219, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study compares the United States and India to examine how anti-money laundering laws are changing with the swift expansion of financial technology.  Globally, innovations like decentralized finance (DeFi), fintech platforms, and cryptocurrency are changing the economic environment, but they also increase the possibility of illegal financial behavior.  The study looks at how both nations have responded to these issues: the US updated the Bank Secrecy Act (BSA) and put the Anti-Money Laundering Act 2020 (AMLA 2020) into effect, while India expanded the Prevention of Money Laundering Act (PMLA) and introduced a central bank digital currency (CBDC).

In addition, the paper also indicates more and more how AML compliance is a strong complement of technologies, such as artificial intelligence and blockchain. Instead it busies itself understanding the special problems dealt by the non-banking financial companies (NBFC) and also the fintech companies, the e commerce industry etc. It also urges better horizontal and cross border cooperation for enforcement and the protection of whistleblowers. The gist of the underlying study concludes that in the epoch of the digitization, the emerging regulatory regime would comprise the risk based, flexible, and coordinated internationally, this state of the play if at all allocates the tradeoff between development of financial innovation and building confidence

THE STRATEGIC ROLE OF INTELLECTUAL PROPERTY RIGHTS IN SECURING COMPETITIVE ADVANTAGE

AUTHOR – SUJITH SURIYA V R* & DR BHAVNA BATRA**

* STUDENT AT AMITY UNIVERSITY, UTTAR PRADESH

** ASSISTANT PROFESSOR IN AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – SUJITH SURIYA V R & DR BHAVNA BATRA, THE STRATEGIC ROLE OF INTELLECTUAL PROPERTY RIGHTS IN SECURING COMPETITIVE ADVANTAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 220-227, APIS – 3920 – 0001 & ISSN – 2583-2344.

Intellectual Property Rights (IPR) play a crucial role in enhancing corporate competitive advantage by safeguarding innovations and creations that distinguish a business from its competitors. By securing exclusive rights over patents, trademarks, copyrights, and trade secrets, companies can protect their intellectual assets, thereby reducing the risk of imitation and ensuring a unique position in the market. This legal protection not only encourages innovation but also creates a valuable portfolio of intangible assets that can be monetized, either through licensing, partnerships, or direct sales. Moreover, IPR facilitates brand recognition and consumer trust. Trademarks and copyrights provide legal protection for a company’s brand identity, allowing businesses to establish strong market presence and loyalty. By ensuring that their distinctive creations are legally protected, companies can invest in their intellectual capital without the fear of infringement, making it a vital component in long-term business strategy. The strategic use of IPR can also foster international expansion, as companies can secure their intellectual property in global markets, thereby ensuring their competitive edge on a worldwide scale. In addition, IPR contributes to the company’s ability to attract investors, as a strong intellectual property portfolio is often seen as a sign of innovation and future profitability. By aligning their IPR strategies with corporate goals, businesses can gain leverage in negotiations, securing favorable terms and strengthening their market position. Ultimately, the effective management of IPR not only protects business innovations but also creates opportunities for growth, differentiation, and sustained competitive advantage in the ever-evolving marketplace.

Keywords: Intellectual Property Rights, Competitive Advantage, Innovation, Trademarks, Patents, Corporate Strategy, Market Differentiation.

SAFEGUARDING WORKERS IN THE GREEN TRANSITION : LABOUR PROTECTION AND SKILL DEVELOPMENT FOR A SUSTAINABLE FUTURE

AUTHOR – NEELAKANDAN M, STUDENT AT SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – NEELAKANDAN M, SAFEGUARDING WORKERS IN THE GREEN TRANSITION : LABOUR PROTECTION AND SKILL DEVELOPMENT FOR A SUSTAINABLE FUTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 206-213, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

Rising global temperature and increase in extreme weather conditions have been pushing climate change to the forefront. It has become a policy of debate throughout the world today. The COVID 19 pandemic pressured us with enormous challenges but at the same time it also provided us with an opportunity to build back the economy and society into a much more strong and resilient one. Many countries around the world have taken strong steps to make this recovery not only rich in job and employment generation but also green. Many governments have been taking initiatives and bringing in strong measures to reduce GreenHouse Gas Emission and have made commitments to attain Net Zero Emission by 2050^[1].

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^[1] OECD, Labour and Social Policies for the Green Transition: A Conceptual Framework (2023), available at

transitionbfeac5cb/028ffbeb-en.pdf

GENERATIVE AI AND FAIR DEALING UNDER INDIAN COPYRIGHT LAW

AUTHOR – TARUN KUMAR SINGH JAYANT* & MS. ARADHANA YADAV**

*, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – TARUN KUMAR SINGH JAYANT & MS. ARADHANA YADAV, GENERATIVE AI AND FAIR DEALING UNDER INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 196-205, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores whether the use of copyrighted content for training generative AI models qualifies as “fair dealing” under Indian copyright law. While the Indian Copyright Act lacks explicit provisions addressing AI-generated content, this research will assess how traditional fair dealing exceptions can be interpreted in light of transformative use, purpose of use (research, private use, etc.), and potential market harm. It will also compare Indian law with evolving global standards (like the U.S. fair use doctrine) to identify gaps, challenges, and policy needs. The purpose of the paper is to add to the conversation about how Indian IP law ought to change in the age of artificial intelligence.

Keywords: Copyright, Artificial Intelligence, Fair Use, Fair Dealing.

ROLE OF COMPETITION COMMISSION OF INDIA IN REGULATION OF COMBINATIONS: AN ANALYTICAL STUDY

AUTHOR – HARSHITA* & DR. ARVIND P. BHANU**

* STUDENT AT AMITY LAW SCHOOL, NOIDA       

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – HARSHITA & DR. ARVIND P. BHANU, ROLE OF COMPETITION COMMISSION OF INDIA IN REGULATION OF COMBINATIONS: AN ANALYTICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 189-195, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The regulation of combinations—comprising mergers, acquisitions, and amalgamations—is a critical aspect of modern competition law, aimed at preserving fair market structures and preventing undue concentration of economic power. In India, the Competition Commission of India (CCI) is the statutory authority entrusted with scrutinizing such combinations under the Competition Act, 2002. This research paper provides an analytical study of the CCI’s role in regulating combinations, focusing on the legal framework, regulatory procedures, and practical implementation. It explores the statutory provisions under Sections 5 and 6, the concept and application of the De Minimis exemption, and the procedural framework established under the Combination Regulations, 2011. The study also evaluates key decisions and orders passed by the CCI in notable cases, identifying emerging patterns in merger review and their implications on market dynamics. A critical analysis highlights both the strengths and challenges of the current regulatory regime, particularly in balancing the goals of promoting business growth and safeguarding competition. The paper concludes with recommendations to enhance the effectiveness of the combination review process in light of evolving market complexities and global best practices.

Key words: Anti-Competitive Practices, Combinations, Competition Commission of India (CCI), Appreciable Adverse Effect on Competition (AAEC), Relevant Market

COMPARATIVE ANALYSIS OF INSURANCE REGULATION BETWEEN INDIA AND THE UNITED STATES

AUTHOR – MAYANK SINGH, STUDENT OF LAW AT AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

BEST CITATION – MAYANK SINGH, COMPARATIVE ANALYSIS OF INSURANCE REGULATION BETWEEN INDIA AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 181-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In this paper, a whole comparison of India and the United States insurance regulations will be analyzed to understand their centralized and decentralized system of governance. An example is that in India, the type of insurance regulation is dominated and exercised by the Insurance Regulatory and Development Authority of India (IRDAI) among other things, acting as a single national regulator, wherein all the rules and enforcement apply uniformly throughout the jurisdiction of the country. From licensing to solvency requirements to consumer protection and market conduct, common application is guaranteed.

One among centralization models of the IRDAI promotes regulatory clarity and national oversight for swift implementation of policy reforms, such as technology innovation and digital policies, but also raises challenges, such as bureaucratic rigidity and regional limitation. In the US, the whole scenario is different as the country works on a decentralized insurance regulation model. Each state has its own independent insurance market run through separate Departments of Insurance and coordinated along with National Association of Insurance Commissioners NAIC.

The NAIC would prepare model laws and best practices for insurance but with different state regulations; thus, fragmentation in regulation happens. Internal flexibility and innovation, along with responsiveness to local needs, make this decentralized approach good. Still, it can be detrimental to the consumer in inconsistencies in consumer rights and solvency standards among states, as well as product offerings. The research looks at structural, functional, and operational dimensions of both IRDAI and NAIC with respect to how well-they perform in terms of market stability, consumer protection, and risk management.

The paper also goes on to compare those consumer protection measures, grievance redressal systems, digital platforms, and legal guardrails existing in both nations. The study, therefore, highlights the positives and negatives of each model. While the Indian system enables a common practice and control, the decentralized American model allows for better adaptability and competition. Such a comparison serves as a learning opportunity for policy reform, recommending a balanced model with national standards combined with regional favourable flexibility in building a better insurance regulatory system and confidence among consumers.