Author: PRASANNASRI26092001

  • COMPARISON OF THE CYBERCRIME PREVENTION LAWS IN INDIA AND THE UNITED KINGDOM

    COMPARISON OF THE CYBERCRIME PREVENTION LAWS IN INDIA AND THE UNITED KINGDOM

    AUTHOR – NISHANT SINGH* & MS.ADYA PANDEY**      

    *STUDENT AT AMITY UNIVERSITY LUCKNOW

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW CAMPUS

    BEST CITATION – NISHANT SINGH & MS.ADYA PANDEY, COMPARISON OF THE CYBERCRIME PREVENTION LAWS IN INDIA AND THE UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 874-880, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    As global cybercrime rises, strong regulatory frameworks are needed to mitigate digital hazards. We examine the legislative basis, enforcement tactics, and recent modifications of two UK and Indian cybercrime prevention legislation. The Information Technology Act, 2000 (IT Act), India’s main cybercrime law, covers unauthorised access, data theft, and electronic fraud. Recent changes and upcoming laws aim to improve data privacy and align it with global standards. However, outdated regulations, strict enforcement, and funding issues persist. Decentralised enforcement institutions like Cyber Crime Cells, CERT-IN, and the National Cyber Crime Reporting Portal handle poorly coordinated activities. The Computer Misuse Act of 1990, Fraud Act of 2006, and Data Protection Act of 2018 (which includes GDPR) expand the UK’s legal framework. These guidelines provide a firm framework for fighting various cybercrimes with the support of the National Crime Agency (NCA), Information Commissioner’s Office (ICO), and National Cyber Crime Unit (NCCU). UK plan includes modern tools, education, and strong international collaboration. The study reveals similarities and differences in the two nations’ legal systems. Both nations struggle with legislative changes, enforcement efficacy, and privacy issues despite their reliance on robust laws and specialist enforcement. Cybercrime prevention requires updating and modernising legislation, strengthening enforcement, improving international collaboration, and raising public awareness. Focussing on cybercrime and digital environment protection may help India and the UK.

    Keywords: Cybercrime, Information Technology Act, Computer Misuse Act, Data Protection Act, enforcement mechanisms, international cooperation, legislative frameworks, cybersecurity.

  • E-COMMERCE: ITS LEGAL IMPLICATION AND CONSEQUENCES IN SOCIETY

    E-COMMERCE: ITS LEGAL IMPLICATION AND CONSEQUENCES IN SOCIETY

    AUTHOR – SANDHYA P, LLM SCHOLR AT HINDUSTAN UNIVERSITY

    BEST CITATION – SANDHYA P, E-COMMERCE: ITS LEGAL IMPLICATION AND CONSEQUENCES IN SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 846-873, APIS – 3920 – 0001 & ISSN – 2583-2344.

    INTRODUCTION

    “If we knew what it was we were doing, it would not be called research, would it?”

    Albert Einstein

    E-commerce is the purchasing & selling of various products over the internet. It is short for electronic commerce. It means any kind of operations or transaction done through internet; simply speaking it is the purchasing & selling of products & services through the help of internet. Although there isn’t a single accepted definition of e- commerce as of yet, many intelligent prominent figures have provided their own definitions. Roger Clarke defines e-commerce as “the conduct of business including the exchange of goods and services via the use of communications and instruments based on communications.” “E-commerce is the use of electronic communications and digital information processing technology in business transactions to create, transform, and redefine relationships for value creation between or among organizations, as well as between organizations and individuals.” E-commerce emerged from the advancements of modernization and digitalization. Essentially, it represents traditional business practices in an online environment. It serves as an internet platform that facilitates the buying and selling of products and services. In today’s fast-paced world, many people prefer convenient and efficient solutions, and e- commerce delivers just that. Thanks to electronic devices and the internet, this ease of living has become a reality. E-commerce is essentially the practice of retailing online. E-commerce offers a diverse range of features and services for consumers. Before exploring these offerings, it’s essential to recognize the key attributes that contribute to its appeal and popularity. Since its beginnings, e-commerce has undergone substantial evolution, particularly in the 21st century, driven by rapid technological advancements that have fueled its growth.

  • A CRITICAL STUDY ON THE CHALLENGES FACED BY GIG WORKERS

    A CRITICAL STUDY ON THE CHALLENGES FACED BY GIG WORKERS

    AUTHOR – J.CALEB MANOAH, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

    BEST CITATION – J.CALEB MANOAH, A CRITICAL STUDY ON THE CHALLENGES FACED BY GIG WORKERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 842-847, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

    The gig economy, which is characterized by independent contracting, freelance work, and temporary contracts, has significantly expanded in the worldwide labor market during the past 20 years. Gig workers operate independently of traditional full-time employment, gaining flexibility but occasionally losing out on perks like healthcare, retirement plans, and job security. The different types of gig work, its drivers, the impact of technology, and the implications for both employers and employees are all examined in this study on the development of the gig economy. Issues faced by gig workers, including unstable economies, a lack of adequate legal protections, and the uncertainty surrounding employer-employee relationships, will be covered in the examination.  The study will examine global responses, legislative trends, and the trajectory of gig work in light of political shifts and technological advancements.

    Keywords: Gig workers, Labour, Global, Employee

  • CYBERCRIME: ISSUE AND THREATS

    CYBERCRIME: ISSUE AND THREATS

    AUTHOR – SAQUIB ZUBAIR* & MS.AISHWARYA PANDEY**

    * STUDENT AT AMITY UNIVERSITY, LUCKNOW

    **ASSISTANT PROFESSOR  AT AMITY UNIVERSITY, LUCKNOW

    BEST CITATION – SAQUIB ZUBAIR & MS.AISHWARYA PANDEY, CYBERCRIME: ISSUE AND THREATS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 837-841, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    Cybercrime has emerged as a critical issue in the digital age, posing significant threats to individuals, corporations, and national security. This paper explores various types of cybercrime, including hacking, phishing, ransomware, and financial fraud, highlighting their evolution and impact. It also examines major cyber threats such as data breaches, cyber espionage, AI-driven attacks, and vulnerabilities within the Internet of Things (IoT). The paper discusses the far-reaching economic, psychological, corporate, and national security impacts of cybercrime. Current strategies to combat these crimes, including cybersecurity laws, technological advancements, and awareness initiatives, are evaluated. However, evolving threats, global coordination challenges, and a lack of awareness remain substantial obstacles. This paper emphasizes the necessity for proactive measures, international cooperation, and continuous technological innovation to effectively counter cybercrime. A forward-looking approach is vital as cyber threats continue to grow in sophistication and complexity.

    Keywords: Cybercrime, Hacking, Phishing, Ransomware, Data Breaches, Cyber Espionage.

  • STUDY ON EMPLOYMENT DISCRIMINATION AT WORKPLACES

    STUDY ON EMPLOYMENT DISCRIMINATION AT WORKPLACES

    AUTHOR – POORNIMA LK, STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

    BEST CITATION – POORNIMA LK, STUDY ON EMPLOYMENT DISCRIMINATION AT WORKPLACES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 832-836, APIS – 3920 – 0001 & ISSN – 2583-2344.

    .ABSTRACT

    This study examines the issue of workplace discrimination that workers encounter. It examines several forms of prejudice, including those based on age, gender, caste, religion, and disability. The study examines how Indian labor regulations, such as the Rights of Persons with Disabilities Act and the Equal Remuneration Act, attempt to shield employees against unjust treatment. It also describes the equality provisions of the Indian Constitution and the ways in which the courts have aided in the fight against discrimination. The study makes recommendations for methods to enhance the legal system to make workplaces more equitable and fair for all by contrasting Indian laws with international norms. This essay explores the unequal treatment that certain workers experience at work due to their age, gender, caste, religion, or disability. The Equal Remuneration Act of 1976, the Rights of Persons with Disabilities Act of 2016, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 are among the Indian laws that are examined in order to prevent discrimination and safeguard the rights of employees. Articles 14, 15, and 16 of the Indian Constitution address equality, and the paper also discusses how the courts have sided in this regard through significant rulings. It concludes with recommendations for improving workplace equity and equality for all.

  • DATA SECURITY AND PRIVACY AS CHALLENGES FOR IPR

    DATA SECURITY AND PRIVACY AS CHALLENGES FOR IPR

    AUTHORS – ANUKRITI KATIYAR* & DR.JYOTI YADAV**

    * LLM SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW

    ** PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW

    BEST CITATION – ANUKRITI KATIYAR & DR.JYOTI YADAV, DATA SECURITY AND PRIVACY AS CHALLENGES FOR IPR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 824-831, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    In the evolving digital age, data has emerged as the most valuable asset, often referred to as new oil[1]. This transformation has brought with it significant challenge related to data security, privacy, and their intersection with intellectual property rights . As technological innovations continue to expand the scope of data creation ,collection, and sharing, the traditional legal frameworks governing IPR are increasingly being tested .

    The research paper explores the complex and dynamic relationship between data protection, privacy and intellectual property rights .It critically examines whether existing IPR laws in India are adequately equipped to address the legal challenges posed by unauthorized data usage, AI generated content and the commoditization of personal information . The research also delves into the implication of recent legal developments such as enactment of digital personal data protection act ,2023 and evaluates its compatibility and potential conflicts with prevailing IPR regimes. This research paper explores the complex relationship between data protection and IPR, evaluates the effectiveness of existing legal instruments, and identifies challenges posed by technological innovation and global data flows. The study concludes with recommendations for modernizing IPR laws and integrating them with robust data privacy standards.


    [1] Julie E. Cohen, What Privacy Is For, 126 Harv. L. Rev. 1904 (2013

  • SYSTEMIC CHALLENGES IN PREVENTING CUSTODIAL DEATHS

    SYSTEMIC CHALLENGES IN PREVENTING CUSTODIAL DEATHS

    AUTHOR – ABHISHEK S* & MS. PRIYANKA GUPTA**

    * STUDENT OF AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

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

    BEST CITATION – ABHISHEK S & MS. PRIYANKA GUPTA, SYSTEMIC CHALLENGES IN PREVENTING CUSTODIAL DEATHS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 812-823, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Storage mortality is a grave issue in India, and it raises significant issues regarding human rights abuses, police accountability and institutional failure. It tries to avoid instances of torture and death in police and trials, even though provisions have been made by constitutional guarantees and laws to avoid violence against storage. This research critically analyzes the legal framework of custodial deaths in India, such as constitutional provisions, statutory laws, and international obligations. Judicial intervention has come a long way in holding the police accountable, e.g., milestone cases like D.K. Basu v. It has established significant guidelines to the protection of West Bengal detainees and Nirabati Behera vs. Odisha. But issues like no independent surveys, institutionalized impunity, political pressures and non-use of judicial directions are still obstacles for the smooth operation of repair mechanisms. A comparative examination of death prevention mechanisms in detention in the United Kingdom and the United States underscores the need for independent surveillance agencies, improved forensic practices and an effective legal deterrent in India. Systemic issues in the law enforcement and judicial apparatus are identified, and reforms suggested to enhance legal protection mechanisms, accountability, and prevention of violence in custody. The research concludes by calling for strong mechanisms for policy reform, compliance with existing laws, and monitoring of custody practices to move forward with justice and safeguard fundamental rights to life and dignity. Custodial deaths, police brutality, human rights violations, torture in custody, legal framework, judicial accountability.

    KEYWORDS : Custodial deaths, police brutality, human rights violations, torture in custody, legal framework, judicial accountability.

  • ROLE OF INTELLECTUAL PROPERTY RIGHTS WITH ARTIFICIAL INTELLIGENCE:A LEGAL ANALYSIS

    ROLE OF INTELLECTUAL PROPERTY RIGHTS WITH ARTIFICIAL INTELLIGENCE: A LEGAL ANALYSIS

    AUTHOR – DHIRAJ SHUKLA* & DR AXITA SHRIVASTAVA**

    *  STUDENT OF AMITY LAW SCHOOL, LUCKNOW

    ** PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW

    BEST CITATION – DHIRAJ SHUKLA & DR AXITA SHRIVASTAVA, ROLE OF INTELLECTUAL PROPERTY RIGHTS WITH ARTIFICIAL INTELLIGENCE: A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 804-811, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Intellectual Property Rights (IPR) protect the creations of the human mind, including inventions, designs, artistic works, and brand names. With the rapid evolution of technology, particularly Artificial Intelligence (AI), there has been a profound impact on the field of IPR. AI is increasingly being used in the creation, management, and protection of intellectual property, presenting both opportunities and challenges. This paper explores the role of AI in various areas of IPR, including patent law, copyright, trademarks, and trade secrets. Additionally, it examines the ethical and legal implications, the potential for AI to create new forms of intellectual property, and the evolving relationship between AI and human inventors.

  • BETWEEN FLEXIBILITY AND CONTROL : LEGAL IMPLICATIONS OF WORKPLACE SURVEILLANCE IN REMOTE WORK ENVIRONMENT

    BETWEEN FLEXIBILITY AND CONTROL : LEGAL IMPLICATIONS OF WORKPLACE SURVEILLANCE IN REMOTE WORK ENVIRONMENT

    AUTHOR – B.S.KEERTHANA, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE OF LAW (SPECIALIZED IN CONSTITUTIONAL LAW AND PROPERTY LAW)

    BEST CITATION – B.S.KEERTHANA, BETWEEN FLEXIBILITY AND CONTROL : LEGAL IMPLICATIONS OF WORKPLACE SURVEILLANCE IN REMOTE WORK ENVIRONMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 788-795, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

    The emergence of remote work as a dominant mode of employment, particularly following the COVID-19 pandemic, has intensified the use of digital surveillance tools by employers to monitor remote employees. This paper provides a legal, technological, and ethical analysis of remote workplace surveillance, focusing on the implications for employee privacy and the adequacy of existing legal frameworks. Through a doctrinal and comparative legal methodology, the research examines laws in India, the United States, and the European Union, highlighting the fragmented and underdeveloped nature of Indian legislation in contrast to the GDPR’s comprehensive safeguards. Key issues explored include informed consent, the proportionality of surveillance, data protection obligations, and the evolving notion of a reasonable expectation of privacy in a home-based work environment. The paper argues that without clear legislative guidance, remote surveillance practices risk infringing upon fundamental rights and eroding trust in employer-employee relationships. It also underscores the ethical responsibility of employers to adopt transparent and minimally intrusive monitoring practices. The study concludes by recommending legal reforms aimed at establishing clear surveillance standards, protecting employee autonomy, and aligning Indian privacy law with international best practices to ensure a rights-respecting framework for the digital workplace.

    KEYWORDS: Remote workplace regulation, surveillance law, Monitoring Technology, Privacy compliance, Data privacy Rights, Labour Law and Technology.

  • ROLE OF JUDICIARY IN COMPULSORY LICENSING REGIME

    ROLE OF JUDICIARY IN COMPULSORY LICENSING REGIME

    AUTHOR – SWATI GUPTA, LLM SCHOLAR AT AMITY UNIVERSITY NOIDA

    BEST CITATION – SWATI GUPTA, ROLE OF JUDICIARY IN COMPULSORY LICENSING REGIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 774-787, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

      This chapter delves into the critical role of the Indian judiciary in shaping the compulsory licensing regime for pharmaceutical patents under the Indian Patents Act, 1970 (as amended), within the context of international obligations and public health imperatives. Employing a doctrinal and case law analysis, the chapter examines key judicial pronouncements, including the landmark cases of Natco Pharma Ltd. v. Bayer Corporation, BDR Pharmaceuticals International Pvt Ltd v. Bristol-Myers Squibb Co, Lee Pharma v. AstraZeneca, and Novartis Ag v. Union of India and Others. The analysis highlights the judiciary’s general inclination towards a public health-oriented interpretation of compulsory licensing, demonstrated by the granting of the first compulsory license in Natco v. Bayer based on unmet public needs and unaffordable pricing. Conversely, the rejections in BDR Pharma and Lee Pharma underscore the significance of fulfilling statutory prerequisites and demonstrating genuine efforts to secure voluntary licenses. Furthermore, the chapter analyzes the pivotal role of the judiciary in upholding Section 3(d) of the Patents Act, as seen in the Novartis case, in preventing patent evergreening and safeguarding the accessibility of generic medicines. The chapter critically reflects on the complexities and potential obsolescence of the current compulsory licensing process and argues for its streamlining. It underscores the significance of India’s judicial approach as a potential model for developing nations seeking to utilize TRIPS flexibilities to address public health crises and ensure access to affordable pharmaceuticals.