Author: PRASANNASRI26092001

DECODING THE UNIFORM CIVIL CODE: EVOLUTION, IMPLICATIONS AND CHALLENGES IN CONTEMPORARY INDIA

AUTHOR – SHIVANAND SINGH* & DR. ARVIND KUMAR SINGH**,

STUDENT* & PROFESSOR** AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SHIVANAND SINGH & DR. ARVIND KUMAR SINGH, DECODING THE UNIFORM CIVIL CODE: EVOLUTION, IMPLICATIONS AND CHALLENGES IN CONTEMPORARY INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1328-1342, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Uniform Civil Code (UCC) in India represents one of the most contentious constitutional directives that has witnessed renewed political and judicial attention in recent years. This research paper critically examines the evolution, implications, and challenges of implementing a UCC in contemporary India’s pluralistic socio-legal landscape. Drawing on Parashar’s (2013) analysis of personal laws as sites of contestation and Mahmood’s (2021) framework of religious freedom, this study navigates the tension between constitutional uniformity and cultural diversity. The research evaluates how the UCC debate has transformed from a post-colonial nation-building imperative, as articulated by Mehta (2018), into a complex negotiation of gender justice, religious autonomy, and national identity. Building upon Menon’s (2022) feminist critique of personal laws and Krishnaswamy’s (2019) constitutional analysis, this paper investigates how successive governments, courts, and civil society have engaged with Article 44 of the Constitution. Through a mixed-methods approach combining legal analysis, historical review, and comparative assessment of similar legal harmonization efforts in multicultural democracies, this study offers insights into possible frameworks for reconciling unity and diversity in India’s legal architecture. The findings suggest that a nuanced, incremental approach to legal reform that addresses gender inequities while respecting cultural distinctiveness may provide a more viable pathway toward constitutional goals than a sweeping, homogenizing code.

A CASE STUDY ON POLYHOUSE FARMING IN INDIA (WITH SPECIAL REFERENCE TO MOHANLALGANJ POLYHOUSE)

AUTHOR – SHREYASH OJHA* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – SHREYASH OJHA & DR. ARVIND KUMAR SINGH, A CASE STUDY ON POLYHOUSE FARMING IN INDIA (WITH SPECIAL REFERENCE TO MOHANLALGANJ POLYHOUSE), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1320-1327, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Polyhouse farming offers a sustainable agricultural solution to challenges posed by climate variability, pest infestations, and limited land availability. This study evaluates the economic, environmental, and social impacts of polyhouse farming, with a focus on small-scale farmers in India. Through a combination of field studies, interviews, and economic modeling, the research analyzes the benefits and challenges associated with adopting this technology in various agro-climatic regions.

Keywords: Protected cultivation, Polyhouse

A PARADIGM SHIFT IN ENVIRONMENTAL APPROACH

AUTHOR– ADITYA PANDEY* & ABHYUDAY RAM TRIPATHI* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – ADITYA PANDEY & ABHYUDAY RAM TRIPATHI & DR. ARVIND KUMAR SINGH, A PARADIGM SHIFT IN ENVIRONMENTAL APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1307-1319, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Today, the ecosystem of the world is on the verge of decline. Since 1850, the average global temperature has increased about 2°and there have been rapid climate changes which have led to calamities like wild bushfires, extreme heat wave and landslides etc further leading to environmental degradation. Countries from around the globe have now come together for the conservation of global environment as they have realised that their end might be near. Incidents like Great Smog of London and many more have shifted the countries focus to preserve the environment because of which The Stockholm Declaration took place that on a global stage presented the problems of environment degradation.

Talking of India, post Stockholm Declaration many laws were enacted to conserve and preserve environmental degradation some of them were the Wildlife protection act, 1972 and Environment Protection Act, 1986 and many more. This paper covers major laws and conventions which were done to create a healthy and safer environment, but these laws are not implemented properly that poses some legal challenges too. As the times have passed the countries have adopted the approach of Sustainable development that has pressed to conserve and use environment in such a way that meets the need of present and without harming the environment for future generations.

In the coming years, countries have realised that the human centric approach would not be able to meet the goals to conserve the nature and hence have decided to adopt the idea of ecocentrism where they value nature and doesn’t harm them. Thud there has been a gradual shift from Anthropocentrism to Ecocentrism which will help in preserving our environment and natural resources more efficiently.

KEYWORDS – Ecosystem, Global temperature, United Nations, Stockholm Declaration, Human environment, Sustainable development, Anthropocentrism, Eco centrism

PUBLIC AUTHORITIES AND OTHER AUTHORITIES UNDER THE RTI ACT, INDIA: SCOPE, INTERPRETATION, AND CHALLENGES

AUTHOR – M AKSHAYAA*, TEJASWINI S*, DR. SAJI SIVAN S**,

* STUDENTS AT VIT SCHOOL OF LAW, CHENNAI

** PROFESSOR AT VIT SCHOOL OF LAW, CHENNAI

BEST CITATION – M AKSHAYAA, TEJASWINI S, DR. SAJI SIVAN S, PUBLIC AUTHORITIES AND OTHER AUTHORITIES UNDER THE RTI ACT, INDIA: SCOPE, INTERPRETATION, AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1294-1306, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Right to Information (RTI) Act, 2005, is a significant law in India that promotes transparency and accountability in governance. A key aspect of the Act is the definition of public authorities, which are required to provide information to citizens. This paper explores the scope of public authorities under the RTI Act, including government bodies, institutions funded by the government, and other authorities performing public functions. It also examines how courts have interpreted the term other authorities to include private entities in certain cases. The paper further discusses the challenges in implementing RTI, such as resistance from organizations, lack of clarity in definitions, and exemptions under the law. Key case laws and decisions by the Central and State Information Commissions are analyzed to understand how the RTI Act has evolved over time. Finally, recommendations are provided to improve transparency and ensure better compliance with the Act. This study aims to highlight the importance of access to information in a democracy and how the RTI Act empowers citizens to hold public authorities accountable.

Keywords: Public authorities, Other Authorities, Transparency, Accountability, Exemptions & Citizen empowerment.

RIGHT TO HEALTH AS A FUNDAMENTAL RIGHT: CONSTITUTIONAL AND JUDICIAL PERSPECTIVES

AUTHOR – D.N. HARINI, STUDENT AT VELS SCHOOL OF LAW, VELS INSTITUE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS), CHENNAI – 600 117

BEST CITATION – D.N. HARINI, RIGHT TO HEALTH AS A FUNDAMENTAL RIGHT: CONSTITUTIONAL AND JUDICIAL PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1289-1293, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The concept of the right to health, though not expressly articulated as a fundamental right in the Indian Constitution, has found strong backing through judicial interpretation under Article 21, which guarantees the right to life and personal liberty. This paper examines the constitutional provisions and landmark judicial decisions that have contributed to the development of the right to health in India. By interpreting the right to life in a holistic manner, the judiciary has firmly incorporated the right to health within the ambit of enforceable fundamental rights. The article also discusses the challenges in implementing this right, the role of international obligations, and offers suggestions to strengthen health jurisprudence in India.

Keywords – Right to Health, Fundamental Rights, Constitution of India, Judicial Interpretation, Article 21, Public Health, Directive Principles, Welfare State

A COMPARITIVE REVIEW ON THE MATERNITY BENEFIT UNDER SOCIAL SECURITY CODE, 2020 AND THE MATERNITY BENEFIT ACT – WITH SPECIAL MENTION TO SURROGACY

AUTHOR – SEATHAL DEVI, LLM SCHOLAR AT GOVERNMENT LAW COLLEGE – DHARMAPURI

BEST CITATION – SEATHAL DEVI, A COMPARITIVE REVIEW ON THE MATERNITY BENEFIT UNDER SOCIAL SECURITY CODE, 2020 AND THE MATERNITY BENEFIT ACT – WITH SPECIAL MENTION TO SURROGACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1279-1288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ideal womanhood in India is motherhood – that marvellous, unselfish all – suffering, ever- forgiving mother.

-Swami Vivekananda

During pregnancy, women experience a range of physical discomforts, from morning sickness and fatigue in the early stages, to back pain, leg cramps, and pelvic pressure as the baby grows. The hormonal changes can lead to mood swings and emotional strain, while the physical strain intensifies as the body adjusts. During this period, women require maximum support and care. Recognizing this, the state bears the responsibility to regulate women’s employment and ensure access to maternity benefits such as maternity leave with wages, nursing breaks, creche facilities, and more.

Therefore, this paper offers a comparative analysis of maternity benefits under two key legal frameworks in India: the Maternity Benefit Act, 1961 and the Social Security Code, 2020. The paper aims to critically examine the provisions of both legislations in terms of eligibility, duration, wage replacement, and overall impact on working women. A special focus is placed on surrogacy, an emerging area that is not fully addressed by the existing maternity benefit laws. While the Maternity Benefit Act provides comprehensive maternity leave and benefits to biological mothers in formal employment, its provisions do not extend to surrogate mothers, leaving a significant gap in legal protection. This paper delves into the differences and similarities between the two laws, particularly in the context of surrogacy, and evaluates whether the current framework adequately supports all women, including surrogate mothers, in their reproductive roles.

Keywords: Maternity Benefit, Surrogacy, Social Security Code 2020, Female Workforce.

BEYOND THE FIREWALL: UNRAVELING THE COMPLEXITIES OF INDIAN CYBERCRIME INVESTIGATIONS

AUTHOR – SHAMIK LODH, LLM SCHOLAR AT AMITY UNIVERSITY

BEST CITATION – SHAMIK LODH, BEYOND THE FIREWALL: UNRAVELING THE COMPLEXITIES OF INDIAN CYBERCRIME INVESTIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1274-1278, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India is experiencing unprecedented growth in the digital space and, with that digital growth, comes unprecedented growth in the rate of cybercrime, which threatens national security, economic prosperity and public safety. This report addresses the various nuanced challenges of investigating cybercrime in India across five areas – allocating resources strategically, developing a legal framework for law enforcement, engaging in international coordination, gaining access to encryption technology, and providing specialized training.

The report notes that India has been making tremendous advances in building its cybersecurity infrastructure with vast amounts of funding, and positive legal frameworks, but that it still faces challenges, historically, of technical training, transnational coordination and specially trained personnel to respond to the demands of cyberspace. Addressing this will require a recognition that a collaborative response needs to involve the coordination of strong enforcement, privacy protections, and sharing of domestic, as well as international expertise.

Key words: Cybercrime , Digital growth , National security , Economic prosperity , Public safety, Cybersecurity infrastructure.

SENSING THE BRAND: PROTECTING NON-VISUAL TRADEMARKS IN INDIA’S IP FRAMEWORK

AUTHOR – TRISHA AGGARWAL* & DR. BHAVNA BATRA**

* LLM SCHOLAR AT AMITY LAW SCHOOL, NOIDA (AMITY UNIVERSITY, UTTAR PRADESH)

** ASSOCIATE PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – TRISHA AGGARWAL & DR. BHAVNA BATRA, SENSING THE BRAND: PROTECTING NON-VISUAL TRADEMARKS IN INDIA’S IP FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1265-1273, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rise of modern branding for enhanced consumer recognition has led to the inclusion of sensory elements, effecting the incorporation of non-visual trademarks and necessitating their recognition and protection under the existing trademark regime. The stringent requirements of distinctiveness and graphical representation under the Trade Marks Act, 1999, posit unattainable standards, contrasting with “visual perceptibility” under Article 15(1) of the TRIPS Agreement. Internationally, cases like Shield Mark and Sieckmann illustrate the standardization dilemmas for non-traditional marks (NTTMs) in India, compounded by erratic registrations and refusals. Additionally, legislative gaps, such as inadequate guidelines for NTTMs in the 2009 Draft Manual, non-recognition, along issues related to the product’s functionality, further complicate the situation.

PRISON REFORMS IN INDIA – FROM PUNISHMENT TO REHABILITATION

AUTHOR – ANJANI RATNESH UPADHYAY & NIMISHA WAGHMARE, STUDENTS AT KES SHRI JAYANTILAL H PATEL LAW COLLEGE

BEST CITATION – ANJANI RATNESH UPADHYAY & NIMISHA WAGHMARE, PRISON REFORMS IN INDIA – FROM PUNISHMENT TO REHABILITATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1253-1264, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Prisons serve as an arm of criminal justice system to punish the deviant behaviour of a miscreant. India’s jails are emblematic of a criminal justice system grappling with multiple challenges. Overcrowding, outdated infrastructure, and limited resources often impede the delivery of essential services such as healthcare, sanitation, and rehabilitation. These facilities not only house a diverse inmate population—including a growing number of under trial prisoners—but also reveal systemic gaps that affect the human rights and well-being of inmates. In this article, we explore the current state of Indian jails, examine the pressing issues they face, and discuss potential reforms aimed at transforming these institutions into centers of genuine reformation and support.

PRESCRIPTION PARADOX: EXPLORING THE PITFALLS OF CONFUSING PHARMACEUTICAL BRAND NAMES IN INDIA

AUTHOR – BAISHALI JAIN, RESEARCH SCHOLAR AT CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – BAISHALI JAIN, PRESCRIPTION PARADOX: EXPLORING THE PITFALLS OF CONFUSING PHARMACEUTICAL BRAND NAMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1245-1252, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In a recent pending case before the Delhi High Court, the matter of medication errors due to confusingly similar pharma packaging and labelling has once again raised the concern of medication process in India. The present suit is filed by Dr. Reddy’s Laboratories Ltd. against SGS Pharmaceuticals (P) Ltd. for trade dress passing off.  The plaintiff has prayed for restraining the defendant from infringing on the registered trademark, trade dress, colour scheme, and distinctive packaging of the medicine Cyproheptadine sold by the plaintiff under the trademark “Practin”. Medical community has been complaining about the instances of medication errors due to Look Alike Sound Alike (LSA) drug names in India, to no avail. The objective of this study is to review the role of Indian courts through precedents with the objective of underlying the interpretation of ‘likelihood of confusion’ test to determine passing off trade dress and trademark infringement with respect to pharmaceutical products in India.This case review article expresses states that the Indian market is full of LASA Drugs which have not yet caught the attention of the media or the responsible authorities. To review the role of Indian courts through precedents with the objective of underlying the interpretation of ‘likelihood of confusion’ test to determine passing off trade dress and trademark infringement with respect to pharmaceutical products in India.

KEYWORDS: Trademark, Infringement, Pharmaceutical, Likelihood of confusion, Medication, LASA drugs.