Author: PRASANNASRI26092001

RIGHTS OF THE UNBORN CHILD IN INDIA: LEGAL PROTECTIONS AND ETHICAL CONSIDERATIONS

AUTHOR – ANUPRIYA SRIVASTAVA, ALUMNI FROM AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – ANUPRIYA SRIVASTAVA, RIGHTS OF THE UNBORN CHILD IN INDIA: LEGAL PROTECTIONS AND ETHICAL CONSIDERATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 129-132, APIS – 3920 – 0001 & ISSN – 2583-2344.

AUTHOR

The legal status of an unborn child has been a subject of debate across cultures, religions, and legal systems. In India, the question of the unborn child’s rights is complex and multifaceted, particularly because it intersects with issues of personal autonomy, medical ethics, and societal values. While Indian law does not recognize an unborn child as a full legal person, it does grant certain rights and protections, albeit in a limited context. The legal framework that governs the rights of an unborn child in India is found in statutes, judicial decisions, and constitutional principles, reflecting a delicate balance between safeguarding fetal interests and respecting the autonomy and rights of the mother. This article aims to provide a detailed analysis of the rights accorded to the unborn child in India, examining property and inheritance laws, criminal law, and medical jurisprudence. Additionally, it explores the ethical dimensions surrounding these rights, particularly in light of the advances in medical technology and reproductive rights.

“RIGHTS OF FEMALE DETAINEE IN INDIA: A LEGAL ANALYSIS”

AUTHAR – MEHLAQA MUKHTAR* & DR. SHOVA DEVI**, STUDENT* & ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – MEHLAQA MUKHTAR & DR. SHOVA DEVI, “RIGHTS OF FEMALE DETAINEE IN INDIA: A LEGAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 122-128, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Every year, close to 3 lakhs women are arrested for crimes under the Indian Penal Code and Special and Local laws. As per the Prison Statics of India 2022 of NCRB. Out of 5,73,220 prisoners, 23,772 are female Prisoners. There were 1,537 women prisoners with 1,764 children as on 31^st December. A majority of female inmates are in the age of 30-50 years (51.5%), followed by 18-30 years (28%).

The women are fragile creature of God. God designed women to have weaker bodies. Weaker refers to bodily weaker. Body includes brain, muscular capacities and hormonal system. As a consequence, women have been a stigma in the patriarchal and misogynistic society. India is deemed to be the most dangerous country in the world to be a woman. The various problem faced by the female prisoners across the country is threefold due to the patriarchal and male centric perspective in the criminal justice system. The constitution of India confers upon women status of equality and mandate the State to protect their rights. Despite of the prison’s rules and various criminal laws, female prisoners have been experiencing hardships of imprisonments like lack of sanitary napkins during mensuration. Even the majority of women are not aware of their legal as well as fundamental rights. Primary object of this research is to spread awareness of female prisoners’ legal rights and fundamental rights conferred by Indian constitution.

DELEGATED LEGISLATION IN ENVIRONMENTAL PROTECTION ACT, 1986

AUTHOR – ARYA J, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ARYA J, DELEGATED LEGISLATION IN ENVIRONMENTAL PROTECTION ACT, 1986, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 115-121, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:     

In wake of the Stockholm Conference held in 1972 that supported environmental protection at the transnational position and was one of the most ruinous incidents of all time, the Bhopal Gas Tragedy^[1] of 1984 stressed an critical need for a comprehensive law with respect to environmental protection, domestically, the need for Environment (Protection) Act, 1986 was felt. The preamble of the Act states the ideal of the Act to be the protection and enhancement of the terrain. It seeks to cover mortal beings, other living brutes, shops, and property from environmental hazards. It extends to the total of India and aims to help, control, and abate environmental pollution. Indeed, though we had the Water Act^[2], 1974, the Air Act^[3], 1981, and the Indian Forest Policy^[4], 1988, there was a pressing need for general legislation with strict correctional vittles in order to guard the environmental rights.

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[1] Union Carbide Corporation Vs. Union of India, AIR 1988 SC 1531.

[2] An act which aims to prevent and control water pollution and restore the wholesomeness of water.

[3] An act to control the level of problem by setting rules for air pollution in India.

[4] The National Forest Policy of India sets guidelines and regulations which are established by the Indian Government.

THE LEGAL CONTROVERSY SURROUNDING ELECTORAL BONDS IN INDIA: A CONSTITUTIONAL DILEMMA

AUTHOR – SAMEER KUMAR, SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, GLOCAL UNIVERSITY

BEST CITATION – SAMEER KUMAR, THE LEGAL CONTROVERSY SURROUNDING ELECTORAL BONDS IN INDIA: A CONSTITUTIONAL DILEMMA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 104-114, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The introduction of Electoral Bonds in India has sparked a significant constitutional debate, particularly concerning their impact on transparency and fairness in political funding. This paper critically examines the unconstitutional nature of Electoral Bonds, focusing on the landmark Supreme Court ruling that declared them unconstitutional. The Court’s decision was grounded in concerns over the opacity they introduce into the electoral process, undermining the right to information and violating principles of free and fair elections. The paper also explores the widespread opposition to Electoral Bonds, highlighting concerns raised by civil society, opposition parties, and legal experts who argue that these bonds facilitate unchecked corporate influence and foster corruption. The Supreme Court’s rationale for striking down the scheme is analysed in detail, including its emphasis on the constitutional mandate for transparency in political financing.

Furthermore, the paper delves into the immediate and long-term impacts of the ruling, considering the broader implications for India’s democratic processes and electoral integrity. The aftermath of the verdict, including potential legislative and policy changes, is also discussed. This analysis aims to contribute to the ongoing discourse on electoral reforms and the need for a more transparent and accountable political funding mechanism in India.

Keywords: Electoral Bonds, Supreme Court, Transparency, Political Funding, Constitutional Law

GROUP OF COMPANIES DOCTRINE: A KEY COMPONENT OF INDIAN ARBITRATION LAW

AUTHOR – ADITYA ROY, STUDENT AT ST. XAVIERS UNIVERSITY, KOLKATA

BEST CITATION – ADITYA ROY, GROUP OF COMPANIES DOCTRINE: A KEY COMPONENT OF INDIAN ARBITRATION LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 101-103, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

On December 6, 2023, the Supreme Court of India, in Cox & Kings Ltd. v. SAP India Pvt. Ltd., recognized the “group of companies” doctrine as a component of Indian arbitration law. This doctrine allows for an arbitration agreement made by a company within a corporate group to bind non-signatory affiliates if the circumstances demonstrate a mutual intention among the parties to include both signatories and non-signatories. This ruling raises critical questions about the interplay between the doctrine and the established principles of separate legal personality in corporate law. The Supreme Court’s opinion, authored by Chief Justice Dr. Dhananjaya Y. Chandrachud, distinguishes between consent-based theories and non-consensual theories, asserting that the group of companies doctrine is grounded in consent. It emphasizes the need for a fact-specific inquiry into the relationships and intentions of the parties involved, ultimately maintaining the integrity of separate corporate identities. This landmark ruling not only clarifies the applicability of the doctrine within arbitration law but also suggests potential implications for future litigation involving corporate groups, reshaping the landscape of arbitration in India. As such, the Cox & Kings decision marks a pivotal development in balancing inclusive dispute resolution with the core principles of corporate law.

EVALUATING THE EFFECTIVENESS OF AI-POWERED CYBERSECURITY MEASURES IN INDIAN ORGANIZATIONS: A COMPARATIVE STUDY

AUTHOR – ANOUSHKA SINGH, STUDENT AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – ANOUSHKA SINGH, EVALUATING THE EFFECTIVENESS OF AI-POWERED CYBERSECURITY MEASURES IN INDIAN ORGANIZATIONS: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 93-100, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The fast-changing digital ecosystem makes cybersecurity a critical challenge for firms worldwide, including India. AI-enabled cybersecurity measures in Indian businesses are compared across banking, healthcare, and IT industries. To investigate how AI influences threat detection, reaction times, and security posture, the study uses quantitative and qualitative methods such surveys, cybersecurity professional interviews, and secondary data analysis. AI-driven solutions reduce cyberattacks in banking and IT. Legacy system interoperability and high installation costs have prevented healthcare from effectively utilising AI. The research discusses how AI could transform cybersecurity in India and how to make these technologies more accessible and effective. The report’s narrow focus on larger organisations is criticised, and recommendations are made to study AI’s role in smaller enterprises and industries that have not completely embraced digital transformation. AI-driven cybersecurity solutions need greater investment and legislation in India, according to research.

Keywords: AI-powered cybersecurity, Indian organizations, threat detection, banking sector, healthcare sector, IT sector, cyber threats, cybersecurity effectiveness, digital security, AI integration.

HOW AI IS INTERSECTING IN THE DIGITAL GROWTH WITH RESPECT TO CYBESECURITY AND DATA PRIVACY

AUTHOR – SOUMYA DUBEY, STUDENT AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SOUMYA DUBEY, HOW AI IS INTERSECTING IN THE DIGITAL GROWTH WITH RESPECT TO CYBESECURITY AND DATA PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 87-93, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Responsible AI use is crucial for long-term As the digital world grows faster, AI has a bigger effect on data protection and privacy. This piece talks about how AI is automating tasks, finding threats, and providing predictive analytics in a number of areas. Endpoint defence based on AI and real-time pattern recognition have made security better across all fields, but there are still problems. Artificial intelligence (AI) threats like adversarial attacks, AI biases, and collecting too much data need strong legal guidelines and ethical AI standards. AI can protect private data, but worries about data misuse and privacy breaches make this hard to do. The study says that blockchain and quantum computing will change AI’s role in defence. The safety of the digital world will depend on AI ecosystems where businesses and states work together to fight cyber threats.digital development, especially as it transforms cybersecurity employment and the workforce. AI’s data privacy and cybersecurity future depends on creativity, moral leadership, and community vigilance.

Keywords: Artificial Intelligence, Cybersecurity, Data Privacy, AI-Driven Threat Detection, Predictive Analytics, Adversarial Attacks, AI Bias, Quantum Computing, Blockchain, Ethical AI, Collaborative AI Ecosystems

JUDICIAL APPROACHES SHAPED BY PERSONAL BIAS: AN ANALYTICAL PERSPECTIVE

AUTHOR – BREETHOW CHRIS N, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU.

BEST CITATION – BREETHOW CHRIS N, JUDICIAL APPROACHES SHAPED BY PERSONAL BIAS: AN ANALYTICAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 82-86, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

How will you come to know that the judges from different backgrounds might prejudiced, can you accept the verdicts? Now will analyze substantial literature on judicial decision making in detail and explain how the demographic factors and ideologies of judges can influence or structure their decision making. It is evident that sometimes race, nationality, caste and gender might affect judicial decision making. On the basis of these mentioned personal biased, the  decision-making role was played by a numerous cases like R. vs. Sunderland, Manak Lal vs. Prem Chand, Meenglass Tea Estate vs. Workmen, S. Parthasarathi vs. State of Andhra Pradesh, State of Uttar Pradesh vs. Mohd. Nooh, A.K. Kraipak vs. Union of India, Mineral Development Ltd. vs. State of Bihar, A.P. State Road Transport Corporation, Hyderabad vs. Satya Narain Transport Ltd., Kirti Deshmankar vs. Union of India, S.L. Kapoor vs. State of Himachal Pradesh and Tata Cellular vs. Union of India. The more important is that it suggests the literature deems such characteristics as far less important in shaping or predicting outcomes compared to ideology or partisanship-associated closely with gender, race, and ethnicity. This leads us to conclude that assuming judges from different backgrounds are biased because they rule differently is questionable. So, that the application of the law rarely offers few objectively correct answer to the issue, it is a serious thing to note by anybody that judges decisions vary according to their personal backgrounds and most importantly, according to their ideologies.

This article therefore examines the effects of personal biases on judicial decision-making and looks at how individual experiences, ideologies, and implicit preferences shape the direction of legal outcomes. While it is expected that judges must apply the law with being complete impartiality, personal prejudices at conscious and unconscious levels which can affect the fact interpretation, with prior to legal precedents consideration and sentence of punishments. The essay examines a range of judicial systems; the particular historical and modern cases have been considered in terms of potential bias in judgment formation. By using the points of cognitive and legal theories, it explores how a judge’s political affluence, (his/her) gender, racial fames, and social background may each operate to influence their own decisions. Significantly, it considers inside structures to the judiciary that exist to defuse partiality and to ensure that justice is enacted. My opinion would attempt to create awareness and advocate deeper changes in the institutional level by way of minimizing the subjective bias impacts upon our judiciary.

Keywords: Judicial Decision-Making, Personal Bias, Natural Justice, Case Law.

BAIL AND JUDICIAL DISCRETION – A STUDY OF JUDICIAL DECISIONS

AUTHOR – ZEESHAN LARI, STUDENT OF MASTERS OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – ZEESHAN LARI, BAIL AND JUDICIAL DISCRETION – A STUDY OF JUDICIAL DECISIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 69-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The idea of bail rises up out of the contention between the ‘police control’ and to limit the freedom of a man who is affirmed to have perpetrated a wrongdoing and the assumption of blamelessness to support him. ‘Bail’ is gotten from the old French verb ‘baillier’ which means to ‘give or convey’. Bail in English Common law is the liberating or setting at freedom a man captured or detained on security or on surety being taken for his appearance on certain day and place named. As such, bail is the conveyance of captured individual to his sureties upon their giving security for his appearance at an assigned place and time, to the purview and judgment of the court. The surety is named ‘bail’ in light of the fact that the individual captured or detained is put in the care of those (surety) who get themselves or progress toward becoming bailer for his due appearance when required. Surety must be those people who have specialist to bail the captured individual to show up under the watchful eye of the court on a specific date. It is upon the obligations of those sureties that the individual captured or detained is bailed, i.e., set at freedom until the point when the day designated for his appearance. The impact of allowing bail isn’t to set the detainee free from prison or guardianship, yet to discharge him from the care of law and to endow him to the authority of his sureties who will undoubtedly deliver him to show up in the court at a predefined time and place. The important end product is that it is interested in the sureties to grab the detainee whenever and any release themselves by giving him over to the authority of law and the outcome would be that he (the detainee) would be then detained. Bail laws in the United States became out of a long history of English statutes and approaches. Amid the provincial time frame, Americans depended on the bail

EDUCATION SECTOR UNDER SIEGE: CYBER ATTACK CHALLENGES

AUTHOR – SOWNDHARYAA K  M, LLM STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY.

BEST CITATION – SOWNDHARYAA K  M, EDUCATION SECTOR UNDER SIEGE: CYBER ATTACK CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 63-68, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

“Where there is data online, there is cyber risk.”

                In recent years, the education sector has increasingly become a target for cyber attacks, exposing vulnerabilities in schools, colleges, and universities. These attacks include ransomware incidents that disrupt academic operations and data breaches that compromise sensitive student information. As educational institutions embrace digital technologies for remote learning and administrative tasks, the risks linked to insufficient cybersecurity measures have intensified. This paper explores the nature and prevalence of cyber threats in the education sector, assesses their potential impacts on students, faculty, and institutional integrity, and presents strategies to enhance cybersecurity resilience. By adopting a proactive stance on digital security, educational institutions can better protect their environments and uphold trust within their communities.

Keywords: cyber attacks, education sector, cybersecurity