Author: PRASANNASRI26092001

CYBERCRIME AND SECURITY CHALLENGES IN INDIA; A CRITICAL LEGAL ANALYSIS

AUTHOR – SHWETANK SINGH* & DR. ANUPRIYA YADAV**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SHWETANK SINGH & DR. ANUPRIYA YADAV, CYBERCRIME AND SECURITY CHALLENGES IN INDIA; A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 290-300, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The digital revolution has fundamentally transformed India, positioning it among the largest internet user bases in the world. While digital connectivity has catalysed economic growth, social interaction, and governance efficiency, it has simultaneously created an expanded attack surface for cybercriminals. The rapid adoption of online platforms, digital payment systems, cloud storage, and emerging technologies such as artificial intelligence and deepfakes has heightened the risks of cybercrime, exposing individuals, businesses, and critical infrastructure to sophisticated cyber threats. This research paper undertakes a critical analysis of cybercrime in India, examining its evolution, typologies, and contemporary trends. Employing a doctrinal methodology, the study explores the legal and institutional frameworks designed to address cyber threats, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and relevant provisions of the Indian Penal Code. It evaluates the effectiveness of these laws in criminalizing cyber offences, regulating intermediaries, and providing mechanisms for investigation, adjudication, and redressal. The paper identifies persistent challenges in the Indian cybersecurity ecosystem, such as jurisdictional complexities in cross-border cybercrime, evidentiary difficulties in digital investigations, inadequate law enforcement capacity, and tensions between encryption and lawful access. Moreover, it highlights accountability gaps in intermediary liability, limited digital literacy among citizens, and evolving threats that outpace current legislative provisions. Institutional responses, including initiatives by CERT-In, NCIIPC, and I4C, are critically examined, emphasizing the need for capacity building, coordination, and proactive threat mitigation. Based on this analysis, the study proposes a set of reforms aimed at strengthening India’s cybercrime response and cybersecurity posture. Recommendations include legislative updates to address emerging technologies, enhanced enforcement and investigative mechanisms, improved public-private partnerships, citizen awareness programs, and greater international cooperation. The paper argues that only a holistic approach, integrating legal, technical, and institutional measures, can ensure a secure digital environment while upholding privacy, accountability, and the rule of law.

Keywords : Cybercrime, cybersecurity, Information Technology Act, digital security, India, legal challenges

CHALLENGES IN IMPLEMENTING WELFARE SCHEMES FOR PLATFORM WORKERS: A CRITICAL ANALYSIS

AUTHOR – THILAK R, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – THILAK R, CHALLENGES IN IMPLEMENTING WELFARE SCHEMES FOR PLATFORM WORKERS: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 278-289, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rise of platform-based work has fundamentally altered the employment landscape across the world, and India is no exception. Millions of individuals today earn their livelihoods through digital platforms—driving cabs, delivering food, providing home services, and completing micro-tasks—operating in an economic space that sits uneasily between formal employment and self-employment. While the Code on Social Security, 2020 has taken the significant step of recognizing platform workers as a distinct legal category deserving welfare protection, translating this recognition into operational welfare schemes has proven enormously difficult. The challenges are not merely administrative—they are structural, legal, financial, technological, and political. This article examines these challenges in detail, arguing that without a fundamental rethinking of how welfare schemes are designed, funded, and delivered for platform workers, the promise of the Code will remain precisely that—a promise. Drawing upon the Code’s provisions, emerging state-level initiatives, international comparisons, and the ground realities faced by platform workers, this article maps the terrain of implementation challenges and proposes practical pathways toward meaningful welfare delivery.

Keywords: Platform Workers, Welfare Schemes, Social Security Code 2020, Section 114, Implementation Challenges, Aggregators, Gig Economy, Labour Law Reform, Portability, Enforcement

HARMONIZING GENDER JUSTICE AND TRIBAL AUTONOMY: ADOPTING THE “LIVING CUSTOMARY LAW” DOCTRINE IN INDIA

AUTHOR – LIVI RIBA* & MS. SONAKSHI VARSHNEY**

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

** ASSISTANT PROFESSOR OF LAWAT AMITY LAW SCHOOL NOIDA, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – LIVI RIBA & MS. SONAKSHI VARSHNEY, HARMONIZING GENDER JUSTICE AND TRIBAL AUTONOMY: ADOPTING THE “LIVING CUSTOMARY LAW” DOCTRINE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 134-145, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The constitutional structure of India is one which has just ensured gender equality and at the same time, the Indian constitution has provided a means of preserving the culture of the tribal groups as two imperatives that have long been considered as being mutually hostile. This is because, as argued in this paper, this perceived antagonism is unnecessary jurisprudentially and politically avoidable. This paper suggests a reformulation of the concept of the Living Customary Law doctrine as a principled approach to the Indian legal system by critically addressing it in the context of the South African constitutional jurisprudence which has formulated it in the most robust manner. The doctrine of Living Customary Law, as opposed to the traditional codification of tribal custom or blanket constitutional override, acknowledges the customary law as an organic, community-based system of norms that can internally evolve. This paper discusses the constitutional architecture of the Articles 13, 14, 15, 21, 244 and 342 of the Constitution of India, the Fifth and Sixth Schedules, the Panchayats (Extension to Scheduled Areas) Act 1996, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2 New conceptual instruments such as a proposed Triadic Validity Test and a model of adjudicatory embedded in the community are provided to implement this doctrine in the Indian context.

Keywords: Living Customary Law, Tribal Autonomy, Gender Justice, Scheduled Tribes, Constitutional Law, Fifth Schedule, Sixth Schedule, PESA, Article 13, Customary Practices

“CYBER FRAUD AND BANK LIABILITY”

AUTHOR – ISHITA AHLUWALIA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ISHITA AHLUWALIA, “CYBER FRAUD AND BANK LIABILITY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 265-277, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The expansion of digital banking and online financial services has increased the risk of cyber fraud, which is posing legal and regulatory challenges to the banks and customers. Cyber fraud comprises unauthorized electronic transactions, phishing, identity theft, malware, and online payment system fraud, leading to considerable financial loss to the customers. In such cases, the liability of the banks is a complex legal issue that is often involved in the cases of cyber fraud. This study aims to focus on the legal framework of cyber fraud and the liability of the banks, with special reference to the regulatory mechanism adopted by the Reserve Bank of India and the provisions of the Information Technology Act 2000, the Banking Regulation Act 1949, etc.

The paper also deals with the responsibilities of banks in the enforcement of cybersecurity measures, protection of customer information, and the provision of prompt grievance redressal facilities. Furthermore, the paper discusses the interpretations of laws that establish the liability of banks in instances of unauthorized online transactions. The research emphasizes the need to strengthen the regulations, cybersecurity, and consumer awareness to avert cyber fraud. Strengthening the legal and regulatory system would be critical in this context to ensure accountability, consumer protection, and trust in the system.

The purpose of this study is to explore the legal issues involved in cyber fraud and analyze the regulatory environment with respect to the liability of banks for unauthorized digital transactions. The study is focused on the legal responsibilities of banks with regard to providing appropriate cybersecurity solutions, safeguarding sensitive customer information, and ensuring secure digital banking services. Additionally, the study aims to evaluate the role of regulatory bodies such as the Reserve Bank of India in formulating guidelines and policies for mitigating cyber threats in the banking industry. Lastly, the study will also discuss some of the relevant provisions under the Information Technology Act, 2000, Banking Regulation Act, 1949, and consumer protection legislation, which are useful in determining the extent of bank liability.

Keywords: Cyber Fraud, Bank Liability, Digital Banking, Cybersecurity Regulation, Consumer Protection, Unauthorized Transactions, Financial Fraud.

“REPRODUCTIVE JUSTICE IN INDIA: LEGAL BARRIERS, ETHICAL DILEMMAS, AND HUMAN RIGHTS ISSUES IN SURROGACY, ABORTION, AND ASSISTED REPRODUCTIVE TECHNOLOGIES (ART)”

AUTHOR – RAGHAV AGARWAL* & DR. ROHIT KUMAR SHUKLA**

* BA LLB (H) FROM AMITY LAW SCHOOL, LUCKNOW CAMPUS.

** ASSISTANT PROFESSOR FROM AMITY LAW SCHOOL, LUCKNOW CAMPUS

BEST CITATION – RAGHAV AGARWAL & DR. ROHIT KUMAR SHUKLA, “REPRODUCTIVE JUSTICE IN INDIA: LEGAL BARRIERS, ETHICAL DILEMMAS, AND HUMAN RIGHTS ISSUES IN SURROGACY, ABORTION, AND ASSISTED REPRODUCTIVE TECHNOLOGIES (ART)”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 251-264, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I628

ABSTRACT

Talk about control over reproduction now stirs tough debates across India’s courts. Where people’s choices meet society’s rules, new medicine often adds more questions than answers. Looking close at surrogacy, ending pregnancies, and fertility treatments shows how law can block basic dignity. Each topic stands connected – laws on one shape what happens in another. When court rulings limit access here, lives shift there. Medical progress moves fast, yet laws drag behind, leaving real harm in their wake. Personal freedom around having children faces constant pushback from outdated systems. Decisions made far from hospital rooms still echo inside them. Bodies become battlegrounds when policy ignores lived reality. Rules meant to protect sometimes do exactly the opposite.

Lately, India passed big new rules about surrogacy, fertility tech, and abortion – laws like the 2021 Surrogacy Act, the ART Regulation Act, and changes to the Medical Termination of Pregnancy law. These came with promises to stop abuse, protect patients. Yet at the same time, limits built into them stir worries about fairness, freedom, basic rights. Because of that, questions grow louder: do they truly help people make their own health choices? Or does power shift too much toward government oversight? A close look reveals tensions between care and control baked deep into each policy.

Keywords :  Reproductive Justice, Surrogacy Rules in India, Abortion Rights, Assisted Reproductive Technologies, Article 21 and the Right to Control One’s Body, Human Rights Include Reproductive Decisions

EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES

AUTHOR – KAMAL JANGRA* & DR SHUBHAM SINGH BANGLA**

* STUDENT AT SRM UNIVERSITY, HARYANA

** PROFESSOR AT SRM UNIVERSITY, HARYANA

BEST CITATION – KAMAL JANGRA & DR SHUBHAM SINGH BANGLA, EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 245-250, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) is transforming labour markets across the world by increasing efficiency, automating routine tasks, and reshaping employment structures. While AI offers opportunities for productivity growth and innovation, it has also intensified employment inequality by disproportionately affecting low-skilled workers, women, informal labourers, and economically weaker sections. The replacement of repetitive jobs, unequal access to digital skills, and concentration of technological benefits among highly skilled professionals have widened income and opportunity gaps. In developing countries such as India, these challenges are further aggravated by informality, inadequate social security, and digital divide. This article examines the relationship between AI adoption and employment inequality, focusing on job displacement, wage polarization, algorithmic discrimination, and regional disparities. It also evaluates the adequacy of existing labour laws and policy frameworks in addressing these concerns. The study argues that inclusive regulation, reskilling initiatives, and equitable technological governance are essential to ensure that AI promotes shared prosperity rather than deepening labour market inequality.

CHILDREN’S RIGHTS IN DETENTION: EVALUATING COMPLIANCE WITH UNCRC STANDARDS

AUTHOR- ARADHYA KUMAR* & MR AMBER SRIVASTAVA**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007

** ASST. PROF., LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007

BEST CITATION – ARADHYA KUMAR & MR AMBER SRIVASTAVA, CHILDREN’S RIGHTS IN DETENTION: EVALUATING COMPLIANCE WITH UNCRC STANDARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 232-244, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of how children’s rights are protected while they are in detention has become one of the most significant areas of concern around the world. It goes hand in hand with the overall international recognition of the rights children have, which is well presented by the United Nations Convention on the Rights of the Child (UNCRC). The Convention provides a wide range of standards, e.g. detention should be used only as a last resort, humane treatment, separate from adults, access to education, health care, legal assistance, and effective monitoring. However, in practice, compliance is uneven across different jurisdictions. This article reviews the degree to which actual detention practices are compatible with the requirements of the UNCRC and indicates those areas where there are still gaps in protection.

The research, through a rights-based analytical framework, surveys the minimum living conditions, the guarantees of due process, and the protection mechanisms within the institution as stipulated by international law. It draws attention to the issues that have been there for a long time, e.g. overcrowding, lack of sufficient personnel, poor provision of mental-health services, and the limited participation of children in decision-making processes. Besides, the article points out that on the systemic level there are obstacles that make it difficult for the measures taken to bring about the desired effect. These include weak supervision, poor accountability mechanisms, and cultural or administrative biases that still do not give up the punitive approach while ignoring the rehabilitative one.

While delving into worldwide trends and compliance gaps, the piece puts forward the idea of switching to restorative, child-centred justice models which would foremost facilitate the use of non-custodial alternatives, the application of trauma-informed care, and the strengthening of monitoring systems. Legislative harmonisation is only one of the prerequisites for the successful implementation of UNCRC standards, there are also structural reforms, capacity building and political will that need to be present.

In conclusion, the article reiterates that putting children’s rights first in detention situations is not only prescribed by law but also constitutes a moral obligation, which is at the core of granting dignity, rehabilitation and eventual reintegration of each detained  child.

Keywords: Children’s Rights in Detention; UNCRC Compliance; Juvenile Justice System; Due Process and Child-Centred Justice

REGULATING THE DIGITAL RUPEE: BALANCING PRIVACY AND INSTITUTIONAL CONTROL IN INDIA’S CBDC FRAMEWORK 

AUTHOR – DIVYADITYA SINGH JADAUN* & PROF DR ANIL DIXIT**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – DIVYADITYA SINGH JADAUN & PROF DR ANIL DIXIT, REGULATING THE DIGITAL RUPEE: BALANCING PRIVACY AND INSTITUTIONAL CONTROL IN INDIA’S CBDC FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 221-231, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With a single move, India’s introduction of the Digital Rupee literally changes the entire Indian financial system. The country is now a front runner for the global Central Bank Digital Currency (CBDC) experiments. Intended as a supplement to the already existing digital payment instruments, the Digital Rupee is expected to make transactions quicker, less expensive, and more accessible to the unbanked population. Besides, it is supposed to decrease the economy’s reliance on cash in circulation. The questions behind this endeavour are, however, far, reaching in terms of regulation, constitution, and technology which the authors express in their article. This article constitutes a thorough analysis of the legal regime that governs the implementation of CBDC in India and especially with respect to the issues regulated innovation, confidentiality and state control. It questions whether the current statutory measures, which include the RBI Act, Payment and Settlement Systems Act, and Information Technology Act, are sufficient to govern the Digital Rupee, while also contemplating that there are gaps which require a separate legal framework. The article is devoted to privacy issues in shadow of the Supreme Court’s judgment in Puttaswamy, by which it points out dangers of transaction, level surveillance, data centralisation, and excessive state control. Besides, it weighs the conflict between the programmability of the account and the individual freedom, the AML/KYC obligations’ role, and the requirement for strong cybersecurity standards. 

In the end, the authors affirm that the Digital Rupee is packed with revolutionary potentials, yet the question of its permanence and eventual acceptance will be decided by the extent to which privacy, by, design principles, open governance, and explicit statutory safeguards are incorporated into it. Thus, a well, balanced regulatory model will not only stimulate innovation, but also preserve constitutional rights, so that India’s CBDC framework will be inclusive, accountable, and future, ready. 

Keywords: Digital Rupee; Central Bank Digital Currency (CBDC); Financial Regulation; Privacy Rights; Institutional Oversight.

PATENT RIGHT AND ACCESS TO MEDICINES IN INDIA: RECONCILING INNOVATION WITH PUBLIC HEALTH IMPERATIVES

AUTHOR – ISHANI, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH, INDIA

BEST CITATION – ISHANI, PATENT RIGHT AND ACCESS TO MEDICINES IN INDIA: RECONCILING INNOVATION WITH PUBLIC HEALTH IMPERATIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 214-220, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

Protection of patents and availability of medications has been one of the most important legal and legislative issues in India. Patent laws protect pharmaceutical discoveries by giving innovators exclusive rights to a unique drug for some period of time and a financial incentive to pursue research and development. But this exclusivity leads to high pricing that renders vital treatments expensive to the vulnerable segments of the population. The fundamental problem in a developing country like India, where the need for cheap health care is still huge, is how to strike a fair balance between the protection of intellectual property and the interests of public health.

India has built a unique and balanced system under the Patents Act, 1970 as amended in 2005 to meet the commitment under the TRIPS Agreement. The law provides for product patent for pharmaceuticals and forbids the misuse of monopoly power. Subsection 3(d) forbids evergreening or patenting of trivial variations of existing medications unless they show increased clinical efficacy. Section 84 on compulsory licensing also permits the manufacture of patented drugs without the approval of the patent owners if the products are sold at excessive costs or are not available to the public in sufficient quantities. They represent India’s wish to have patent law serve the cause of social progress, not only the private gains of business.

Judicial statements have also maintained the balance. In Novartis AG v Union of India, the Supreme Court ruled that only actual and substantial advances as envisaged under section 3(d) of the Patent Act are to be granted patent protection. India’s first compulsory licence in Bayer Corporation v. Natco Pharma Ltd led to a substantial fall in the price of a key anti-cancer drug. In the rulings it is said that right to life under Article 21 of the Constitution cannot be separated from the right to access healthcare.

Keywords : Access to Medicines, Compulsory Licensing, Evergreening,  Innovation, Patent Rights, Pharmaceutical Patents, Public Health, Section 3(d), TRIPS Agreement.

IS PARODY A CRIME OR A CRITIQUE? RETHINKING FAIR DEALING UNDER INDIAN COPYRIGHT LAW

AUTHOR – HARSHAVARDHAN NANGRE & KIMAAYA HADKE

* STUDENTS AT MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

BEST CITATION – HARSHAVARDHAN NANGRE & KIMAAYA HADKE, IS PARODY A CRIME OR A CRITIQUE? RETHINKING FAIR DEALING UNDER INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 210-213, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I623

Introduction

A close reading of Section 52(1)(a) of the Copyright Act, 1957^[1] (‘Act’ hereinafter) reveals a narrowly constructed approach to ‘fair dealing’, unlike the more accommodative ‘fair-use’ recognised in the US^[2]. It considers fair-dealing to be used only for any personal use, criticism or to review and report current events and leaves parodies and satire out of its purview, making them exposed to legal threats and forceful takedowns even when the work is socially valuable.^[3] Keywords – Copyright Law, Fair Dealing, Parody and Satire, Freedom of Expression, Indian Copyright Jurisprudence

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[1] The Copyright Act, 1957, § 52(1)(a), No. 14, Acts of Parliament, 1957 (India).

[2] Sufiya Ahmed, Fair Dealing in Indian Copyright Law, 26 J. Intell. Prop. Rts. 96 (2021).

[3] Soutik Biswas, Munawar Faruqui: Is It Dangerous to Crack a Joke in India?, BBC News (Nov. 30, 2021).