Author: PRASANNASRI26092001

FROM FRAGMENTED COMPLIANCE TO UNIFIED CODES: A COMPARATIVE ANALYSIS OF OLD LABOUR LAWS, COMPLIANCE CHALLENGES, AND EMERGING JUDICIAL TRENDS UNDER INDIA’S NEW LABOUR CODES

AUTHOR – ASHIMA BHAGAT, STUDENT AT SHANKARRAO CHAVAN LAW COLLEGE, PUNE

BEST CITATION – ASHIMA BHAGAT, FROM FRAGMENTED COMPLIANCE TO UNIFIED CODES: A COMPARATIVE ANALYSIS OF OLD LABOUR LAWS, COMPLIANCE CHALLENGES, AND EMERGING JUDICIAL TRENDS UNDER INDIA’S NEW LABOUR CODES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 272-277, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian labour law regime has always been marked by fragmentation, multiple jurisdictions, and a heavy burden of compliance in the wake of central legislation over almost three decades, in addition to state legislation. This paper presents a critical and comprehensive doctrinal and comparative study on the transition in the Indian labour law regime, hitherto a ‘silo-based’ regime, to the ‘Four Labour Codes,’ to wit: the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health, and Working Conditions Code, 2020. The purpose and intent of the ‘Four Labour Codes’ will also be explored in this paper, specifically in terms of ease of doing business, formalizing the workforce, increasing the scope of social security, and the need to update the ‘colonial-era’ labour laws. The paper highlights the procedural and substantive changes brought about by the Codes, such as standardized definitions of wages, expanded coverage of the minimum wage and social security, mandatory appointment procedures, simplified safety norms, and a new framework of industrial relations. Special emphasis is given to the changing compliance framework, characterized by digitization, single-window registration, reduced number of registers, and the new role of labor inspectors as facilitators, not enforcers. This paper also critically examines the transition issues relating to staggered implementation, double obligations, savings provisions, and ambiguities surrounding wage structure and benefits. In addition, it examines the effects of state-level rule-making with regards to uniformity, pointing to the ways in which the simultaneous role of labor continues to produce regional disparities, even under centralized codification. This article points to the contemporaneous significance of pre-Code judicial decisions through an analysis of Supreme Court decisions regarding maternity benefits, regularization, and worker classification, and tracks current judicial trends regarding gig and platform workers under the current regime. This article concludes by stating that, while a major milestone in terms of a more cohesive and modernized system of labor regulation, the Labour Codes’ effectiveness will be dependent upon successful rule-making, federalism, administrative capacity, and a supportive judicial philosophy during and after the transition period.

COMPARATIVE ANALYSIS OF SHAREHOLDERS RIGHTS IN COMMON LAW AND CIVIL LAW JURISDICTIONS

AUTHOR – AMMAN KHAN, STUDENT AT JAMIA MILLIA ISLAMIA, NEW DELHI

BEST CITATION – AMMAN KHAN, COMPARATIVE ANALYSIS OF SHAREHOLDERS RIGHTS IN COMMON LAW AND CIVIL LAW JURISDICTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 266-271, APIS – 3920 – 0001 & ISSN – 2583-2344.

(I) ABSTRACT

In every nation, the growth of financial markets and corporate governance depends on the legal protection of company shareholders. The protection of shareholder rights in general, particularly minority shareholder rights, is the greater concern, even though my study focuses on a comparative aspect of shareholder rights belonging to Common Law and Civil Law jurisdictions, which have been mainly classified by the US & UK versus Germany and France. I employed the Legal Origin Theory (LLSV)^[1], a comparatively well-known and significant theory in comparative company governance.  According to the argument, the Common Law system is better than the code-defined rigidity of the Civil Law systems based on the French model because judges’ flexibility and independence offer better protection of property and shareholder rights. But this study reconsiders this argument, which is supported by historical longitudinal data, leads to the counterargument that most civil law nations offer superior, if not clearly superior, protections for minority shareholders.^[2] Rules intended to shield minority interests from majority demands are responsible for the most notable disparities. Minority shareholders have statutory safeguards in civil law nations that are known for their concentrated ownership. The fact that many jurisdictions’ current regulations are growing more and more hybrid is also noteworthy. For instance, India increases protections for all shareholders by contemporary legislation and regulatory modifications. This highlights once more how crucial the relationship between the “law in action” and the “law on the books” is.(II)

KEYWORDS: Shareholder Rights, Common Law, Civil Law, Corporate Governance, Legal Origin, Minority Protection.

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[1] Garoupa N., Trends in Comparative Law and Economics 21–28 (Anthem Press 2022).

[2] Prabirjit Sarkar, Common Law vs. Civil Law: Which System Provides More Protection to Shareholders and Creditors and Promotes Financial Development, 2 Jarle 143-161 (2011).

STATE, SOCIETY AND SELF: AUTONOMY AND RELIGION INVOLVED IN MARRIAGES IN INDIA

AUTHOR – GAAYATHRI KALUBANDI, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – GAAYATHRI KALUBANDI, STATE, SOCIETY AND SELF: AUTONOMY AND RELIGION INVOLVED IN MARRIAGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 260-265, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The institution of marriage in India stands at a critical juncture, caught between the constitutional promise of individual liberty and the persistent influence of religious patriarchal norms codified into law. This paper examines the complex interplay between religious influence, state law, and individual autonomy within the institution of marriage in India. It posits that the current legal framework, which intertwines religious personal laws with a procedurally burdensome secular alternative, systematically undermines fundamental rights and creates significant risks for gender justice and social harmony. The analysis traces the historical entrenchment of patriarchal norms within matrimonial customs, demonstrating how these traditions have been codified into law, thereby restricting personal choice and perpetuating inequality. A central focus is the critical assessment of the secular marriage law, whose well-intentioned provisions have been subverted into a mechanism for state-sanctioned surveillance and communal interference, particularly endangering interfaith couples. The paper further explores how this flawed legal environment fosters detrimental outcomes, including the manipulation of religious conversion to circumvent legal restrictions, often to the detriment of women’s rights. In conclusion, the research advocates for a decisive re-orientation towards a rights-based paradigm, arguing that genuine marital freedom requires dismantling the architecture of control and prioritizing constitutional guarantees of privacy, equality, and individual autonomy over rigid religious-social mandates.

KEYWORDS: Marriage, caste, choice, autonomy, equality, patriarchy, state, society

A CRITICAL ANALYSIS OF THE POLICE ACT AND INFRINGEMENT OF FUNDAMENTAL RIGHTS CAUSED BY POLICE AUTHORITY

AUTHOR – KARSANG NINI, LLM SCHOLAR, STUDENT AT RAJIV GANDHI UNIVERSITY, ARUNACHAL PRADESH, INDIA

BEST CITATION – KARSANG NINI, A CRITICAL ANALYSIS OF THE POLICE ACT AND INFRINGEMENT OF FUNDAMENTAL RIGHTS CAUSED BY POLICE AUTHORITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 243-259, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Police Act of 1861, enacted in the aftermath of the Revolt of 1857, remains one of the most enduring colonial statutes governing policing in post-independence India. Designed to consolidate imperial control rather than to protect individual liberties, the Act institutionalized a centralized, executive-dominated policing structure premised on obedience and coercion. Despite the adoption of the Constitution of India in 1950 and the entrenchment of fundamental rights under Articles 14, 19, and 21, the colonial framework of policing continues to shape law-enforcement practices across most Indian states. This article critically examines the constitutional and human-rights implications of the continued operation of the Police Act, 1861. Through doctrinal analysis of constitutional provisions, landmark judicial pronouncements, and reform commission reports, the study demonstrates how the colonial ethos embedded in the Act has contributed to systemic violations, including custodial violence, arbitrary arrest, extrajudicial killings, and suppression of democratic dissent. The article evaluates the judiciary’s role in constitutionalizing police powers through decisions such as D.K. Basu v. State of West Bengal and Prakash Singh v. Union of India, while highlighting the limitations of judicial reform in the absence of legislative transformation. Drawing comparative insights from democratic policing models in jurisdictions such as the United Kingdom, the United States, and Canada, the study argues that the Police Act of 1861 is fundamentally incompatible with a rights-based constitutional order. It concludes by advocating the repeal of the colonial statute and its replacement with a modern police law grounded in constitutional morality, accountability, autonomy, and respect for human dignity.

KEYWORDS Police Act, 1861; Fundamental Rights; Article 14, 19 and 21; Custodial Violence; Arbitrary Arrest; Judicial Intervention; Police Reforms; Constitutional Morality; Prakash Singh Case; D.K. Basu Guidelines.

T. SAREETHA V. T. VENKATA SUBBAIAH: A CONSTITUTIONAL CHALLENGE TO THE RESTITUTION OF CONJUGAL RIGHTS

AUTHOR – BIJLI MUTHAMMA MP, JINDAL GLOBAL LAW SCHOOL

BEST CITATION – BIJLI MUTHAMMA MP, T. SAREETHA V. T. VENKATA SUBBAIAH: A CONSTITUTIONAL CHALLENGE TO THE RESTITUTION OF CONJUGAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 238-242, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Introduction

In India, marriage has traditionally been viewed as a sacred and perpetual social bond instead of a contractual arrangement. The Hindu Marriage Act (HMA) itself has embodied this perception by acknowledging mutual obligations like companionship, support, and cohabitation of spouses. Section 9, which enforces restitution of conjugal rights (RCR), was enacted with the proclaimed objective of maintaining marital harmony through the return of a withdrawing spouse^[1]. But in reality, this provision has been faulted for limiting “conjugal rights” to the limited concept of sexual cohabitation and allowing state interference in activities that are inherently private.

The case of T.Sareetha v. T. Venkata Subbaiah brought this issue into sharp focus by questioning whether compelling cohabitation by means of court directive violates the fundamental right to equality, personal liberty, and privacy under Articles 14, 19, and 21 of the Constitution of India^[2]. The case was highly publicized because it entailed balancing the sanctity of marriage and marital duty with the freedom and bodily autonomy of the individual. It reshaped the lines between law and everyday life, prompting consideration of whether marriage ought to be a place of choice and mutual respect or one of law and coercion.In the present case commentary, I am going to critically examine the decision rendered by Justice P.A. Choudary in T.Sareetha v. T. Venkata Subbaiah by scrutinizing the factual background, legal issues, and reasoning of the court. The commentary evaluates the constitutional details of Section 9 of the HMA, its impact on gender justice and individual liberty, and how the case reconfigured the debate on privacy and autonomy in matrimonial law. It also compares the rationale in T. Sareetha with subsequent judicial developments to determine whether the provision, as implemented, really protects the marriage institution or erodes individual rights.

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[1] Hindu Marriage Act, 1955 § 9.

[2] T. Sareetha v. T. Venkata Subbaiah, AIR 1983 AP 356; India Const. arts. 14, 19, 21.

BULLYING OR SHIELDING? – A STUDY ON THE ASPECTS OF TRADEMARK BULLYING AND ITS IMPLICATIONS

AUTHOR – B. VEENA NIRUDHIYA, II-YEAR LL.M. (IPR), GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TAMIL NADU

BEST CITATION – B. VEENA NIRUDHIYA, BULLYING OR SHIELDING? – A STUDY ON THE ASPECTS OF TRADEMARK BULLYING AND ITS IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 223-237, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/PCOY7928

Abstract

In this technologically advanced era, protecting the exclusive rights of intellectual property has become essential due to various forms of infringement. However, it is pertinent to note that the exclusive rights granted by law must be exercised within their scope, without encroaching on the boundaries of others. There are several practices where a particular brand or company attempts to dominate other entities by abusing their power in bad faith. Trademark bullying is a strategy where dominant entities aggressively enforce their trademark rights against smaller entities, claiming a likelihood of confusion or infringement. These bullies demand compensation from the other party without genuine claims and abuse their market position by sending threatening cease-and-desist notices, initiating legal proceedings claiming infringement, etc. This research examines when the conduct of such entities becomes an anti-competitive behaviour. It analyses the intersection between trademark law and competition law and explains the importance of consumer perception. The study discusses how claims for legitimate trademark protection can potentially affect the market economically and emphasises the need to address this issue. The paper reviews the positions of various countries regarding opposition to trademark bullying. Additionally, the study shows how trademark bullying is strategically practised through the misuse of domain names and social media elements. The research concludes with suggestions to control trademark bullying in the marketplace and necessitates the importance of clear measures to prevent trademark law from being exploited by dominant companies and fixing proper criteria to determine the aspects of trademark bullying.

Keywords: Trademark bullying, protection, confusion, consumer, infringement, dilution, exclusive rights.

DIGITAL COPYRIGHT INFRINGEMENT: ANALYSIS OF FAIR DEALING IN CYBERSPACE

AUTHORS – ARISIA* & AMARTYA SAHASTRANSHU SINGH**

* LLM (CRIMINAL LAW) RGSOIPL, IIT KHARAGPUR

** LLM (INTERNATIONAL LAW) RGSOIPL, IIT KHARAGPUR

BEST CITATION – ARISIA & AMARTYA SAHASTRANSHU SINGH, DIGITAL COPYRIGHT INFRINGEMENT: ANALYSIS OF FAIR DEALING IN CYBERSPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 216-222, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/GWXG9355

ABSTRACT

There is a doctrine of fair dealing/ fair use that exists in different legal systems under various names. It has seen a lot of ebb and flow in the material world but a uniform trend in the jurisprudence has been observed including in India. The application of fair dealing in cyberspace, however, leaves a lot to be desired specifically with respect to cases regarding fanfictions and YouTube videos using copyrighted material in a transformative way. Secondly, there is a lot of focus on educational material and little on other uses of copyrighted works such as parodies under fair usage. There is no consensus on the issue of profiting from certain transformative works, and the status of certain digital works as being infringing or being fair use. This paper shall thus, attempt to create a consensus regarding the aforementioned points using secondary sources and analytical methodology.

KEYWORDS: Copyright, Fair Dealing, Cyberspace, Derivative works

THE BIHAR EXCISE (AMENDMENT) ACT, 2016: A REVIEW OF ITS PROVISIONS, IMPLEMENTATION, AND OUTCOMES

AUTHOR – SKAND VATS & SAANVI PANIGRAHI

STUDENTS AT UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY CHANDIGARH

BEST CITATION – SKAND VATS & SAANVI PANIGRAHI, THE BIHAR EXCISE (AMENDMENT) ACT, 2016: A REVIEW OF ITS PROVISIONS, IMPLEMENTATION, AND OUTCOMES : SKAND VATS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 212-215, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MRBX1202

In 2016 , The Bihar legislative assembly passed the Bihar excise (Amendment) Bill,2016 to enforce an ostracisation on country made liquor enforcing from 1st April ,2016 . It was not a first step of amending this Law, later in 1919, it was amended to incorporated more rigorous penal provision including a death sentences for manufacturer & distributors of illicit liquor. The policy of liquor proscribe was done in the phase sagacious like in the Phase 1 all shops selling country liquor in rural areas were shut down , in Phase 2 were alcohol is consummately ostracised in the state was to be introduced in 6 months . After this the state become plenarily dry but in the first phase of restriction many gregarious activists & women inductively authorised the Chief minister of Bihar Nitish Kumar to proscribe alcohol thoroughly because of alcohol addiction among men’s , which the regime led by the Nitish Kumar caved in to their injunctive authorization. At that time it was a celebrated policy emphasising the societal imbalances, such as domestic violence among couples , abducting , rape etc . It was among the major policy implemented but the Nitish Kumar led regime with the coalition of Mahagatbandan , Nitish Kumar quoted in the Bihar Vidhansabha “ women are suffering more than anyone else due to incrementing liquor consumption, Alcohol Addiction led to family quandaries incrementing domestic violence and additionally effected The children Edification. Section 37 of the Bihar Prohibition and Excise Act , 2016 enjoins the manufacturing , bottling , distributing, Conveying , accumulating, storing , possessing , purchasing , selling or consuming , any type of liquor or intoxicating materials . Section 13 of this act , outlines that all the forms of liquor, including Country liquor and peregrine liquor to be vetoed.

STUDENT SUICIDES AND EDUCATIONAL JUSTICE : A COMPARATIVE CASE STUDY OF INDIA AND  THE UNITED STATES

AUTHOR – AYUSH SONI* & DIVYANSH AWASTHI**

* STUDENT, AIE, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS.

** STUDENT, AIRS, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS.

BEST CITATION – AYUSH SONI & DIVYANSH AWASTHI, STUDENT SUICIDES AND EDUCATIONAL JUSTICE : A COMPARATIVE CASE STUDY OF INDIA AND  THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 202-211, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CHZP1225

ABSTRACT

Student suicides have become a major concern in both India and the United States, highlighting the critical need for institutional accountability in protecting the rights, dignity, and welfare of students. Education must be viewed as a place of justice and safety in addition to knowledge. These tragic incidents are frequently connected to academic stress, systemic discrimination, bullying, and administrative neglect.  Although student mental health has been the subject of numerous studies, very few have examined the matter from a comparative, legal-educational perspective, resulting in a knowledge gap regarding how various systems handle such crises. This study seeks to address that gap by analyzing significant case studies from India such as the suicide cases of Rohith Vemula and Darshan Solanki, as well as students in Kota coaching hubs and also including the well-known cases of Megan Meier and Phoebe Prince in the United States. This study adopts a qualitative, case-based comparative methodology to examine how legal frameworks, institutional practices, and cultural contexts shape responses to student vulnerability. The results show that although the US has stronger policies, consistency and implementation are issues, whereas India suffers from fragmented frameworks and poor enforcement. This study emphasizes how institutions must strengthen their institutional accountability through grievance redressal, mental health support, and anti-discrimination measures by incorporating comparison tables and discussions. The study concludes that preventing student suicides is not merely a welfare issue but a constitutional and human rights imperative, with significant implications for building safer, equitable, and justice-oriented educational environments worldwide.

KEYWORDS:Academic Pressure, Educational Justice, Institutional Accountability, Mental Health, Student Suicide

AN ANALYSIS ON REGULATORY CONTROL OF TRANSBOUNDARY ACID RAIN POLLUTION

AUTHOR – NIKITHA ANN VARGHESE, ADVOCATE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY

BEST CITATION – NIKITHA ANN VARGHESE, AN ANALYSIS ON REGULATORY CONTROL OF TRANSBOUNDARY ACID RAIN POLLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 191-201, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QQWS6758

1. INTRODUCTION TO TRANSBOUNDARY ACID RAIN

Transboundary acid rain pollution is a significant environmental issue where sulfur dioxide (SO₂) and nitrogen oxides (NOₓ) emissions from industrial activities, power plants, and vehicles travel across national borders through atmospheric circulation. These pollutants react with water vapor, oxygen, and other chemicals in the atmosphere to form acid rain, which falls to the ground as rain, snow, or fog. Acid rain has severe environmental consequences, including soil degradation, water contamination, forest destruction, and damage to historical monuments. It also poses risks to human health and biodiversity.

Many countries have experienced cross-border acid rain disputes, such as the USA-Canada acid rain conflict, which led to the 1991 U.S.-Canada Air Quality Agreement to reduce emissions.

Similarly, concerns have been raised about pollution from China affecting India, particularly in the Himalayan region, were black carbon and acid deposition impact glaciers and ecosystems. The issue of transboundary acid rain pollution highlights the need for international cooperation, legal frameworks, and stringent emission controls to address environmental damage and promote sustainable development.