BEYOND CONSENT: REIMAGINING DIGITAL STANDARD FORM CONTRACTS IN INDIA

AUTHOR – GANDHALI R. KHAMKAR, LLM STUDENT AT DES’ SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE (AFFILIATED WITH SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE)

BEST CITATION – GANDHALI R. KHAMKAR, BEYOND CONSENT: REIMAGINING DIGITAL STANDARD FORM CONTRACTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 241-249, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Standard Form Contracts (SFCs), pre-drafted and non-negotiable, have emerged as the backbone of digital commerce, governing transactions across e-commerce platforms, cloud services, social media, and the Internet of Things. In India, their expansion reflects both colonial-era legal legacies and the country’s rapid digital transformation. Yet, these contracts often conceal opaque and one-sided terms that weaken informed consent, fairness, and accountability. India’s existing legal framework, anchored in the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Consumer Protection Act, 2019, remains fragmented and inadequate. While it recognizes electronic contracts and consumer rights, it lacks clear provisions to address digital-specific complexities such as algorithmic enforcement, unilateral jurisdiction clauses, and blockchain-based smart contracts. This regulatory gap leaves consumers vulnerable to exploitation and undermines trust in digital markets. This article makes two key contributions. First, it maps the doctrinal and jurisprudential evolution of SFCs in India, critically engaging with behavioural economics to highlight cognitive biases like click fatigue, and drawing comparative insights from the European Union and the United States. Second, it advances a hybrid regulatory model that integrates contract law, consumer protection, and data governance to mitigate digital-specific vulnerabilities. Central to this model is the framework of the “3Cs of Fair Digital Contracting”, Consent, Clarity, and Corrective Mechanisms. It calls for statutory recognition of unfair terms, mandatory explicit consent for sensitive clauses, algorithmic accountability in automated enforcement, and localized dispute resolution to counter foreign jurisdiction clauses. By situating SFCs at the intersection of law and technology, this article argues that India must move “beyond consent” to achieve a balance between innovation and fairness and empower consumers while sustaining economic growth.

Keywords: Blockchain, Consent, Consumer Protection, Digital Commerce, Indian Contract Act, Information Technology, Standard Form Contracts.

“CONFIDENTIALITY CLAUSES IN SETTLEMENT AGREEMENTS: ETHICAL AND LEGAL CONSIDERATIONS”

AUTHOR – ATHARV RAJESHWAR SHET, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ATHARV RAJESHWAR SHET, “CONFIDENTIALITY CLAUSES IN SETTLEMENT AGREEMENTS: ETHICAL AND LEGAL CONSIDERATIONS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 232-240, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

(Catchy opening line) Confidentiality clauses in settlement agreements protect sensitive information but raise ethical and legal concerns regarding transparency, fairness, and public interest. Striking a balance between confidentiality and accountability is essential in promoting ethical dispute resolution practices in a modern legal framework.(History) Confidentiality clauses have long been used as tools to safeguard reputational and proprietary interests in civil settlements. Their evolution in common law jurisdictions was influenced by the desire to encourage dispute resolution without litigation. However, over time, these clauses have faced criticism for enabling practices like silencing victims of misconduct, shielding unethical behavior, and impeding public awareness of systemic issues.(Present Status) In contemporary legal practice, confidentiality clauses are ubiquitous in settlement agreements across diverse sectors, including employment disputes, commercial litigation, and cases involving harassment or discrimination. While these clauses facilitate of anicient resolution and protect sensitive data, they have sparked debates over their misuse, particularly when used to cover up unlawful practices or silence victims. The rise of whistleblower protections and transparency initiatives has further intensified calls for limiting or reforming confidentiality provisions.(Short Explanation) This study examines the  ethical and legal dimensions of confidentiality clauses, focusing on their potential to obstruct justice and undermine public interest. It argues for a balanced approach that respects legitimate privacy concerns while addressing the risk of misuse.(Research Problem) The unchecked use of confidentiality clauses creates ethical dilemmas, such as enabling the concealment of illegal or harmful activities. This research explores whether reforming these clauses can promote fairness and accountability without discouraging legitimate settlements or breaching privacy rights.(Hypothesis) Reforming confidentiality clauses in settlement agreements can promote greater transparency and accountability, reducing their misuse while preserving their legitimate purposes in dispute resolution.(Possible Reforms) Suggested reforms include limiting the scope of confidentiality clauses in cases involving public interest, mandating disclosures in instances of unlawful conduct, introducing legislative safeguards for whistleblowers, and encouraging judicial oversight to prevent abuse. Public awareness and legal education regarding the ethical implications of confidentiality are also essential.(Aims and Objectives) This research aims to critically analyze the ethical and legal considerations surrounding confidentiality clauses in settlement agreements. It seeks to evaluate their historical evolution, current applications, and potential reforms to strike a balance between privacy, transparency, and justice. The study will propose actionable recommendations to ensure ethical practices and safeguard public interest without undermining the efficiency of settlement mechanisms.

KEYWORDS: Confidentiality Clauses, Settlement Agreements, Ethics, Transparency, Legal Reforms, Public Interest

INDIAN FEDERALISM- CHALLENGES AND PERSPECTIVES

AUTHOR – HARSHAWARDHAN DHANANJAY DIXIT, DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – HARSHAWARDHAN DHANANJAY DIXIT, INDIAN FEDERALISM- CHALLENGES AND PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 220-231, APIS – 3920 – 0001 & ISSN – 2583-2344.

(Catchy line) “Strength in Diversity: The Story of Indian Federalism”

(History)Indian federalism is a remarkable experiment in managing one of the most diverse countries in the world. Rooted in the Government of India Act, 1935, and shaped by the vision of the Constitution of 1950, it was designed to balance the need for unity with respect for regional identities. Unlike other federal systems like the U.S., India’s model is “quasi-federal,” giving the central government more power to hold the country together amidst its linguistic, cultural, and geographical diversity.(Present Status) Today, Indian federalism faces real challenges. Disputes between the center and states over legislative and financial powers are growing. States are demanding more autonomy, and regional inequalities continue to widen. Additionally, the rise of coalition politics has made federal decision-making more complex, requiring cooperation rather than confrontation.(Research Problem) This research seeks to explore whether the current federal structure is strong enough to meet these challenges or if reforms are needed. (Hypothesis)The hypothesis suggests that promoting cooperative federalism—where the center and states work together in harmony—can create a more balanced and effective system.(Possible Reforms)Reforms like revisiting the division of powers in the Constitution, ensuring fair distribution of resources, and creating better platforms for dialogue between the center and states could help address these issues. Strengthening financial independence for states and addressing regional disparities are also critical steps toward a more united and equitable India.(Aim and objective The aim is to evaluate the successes and limitations of Indian federalism in addressing today’s challenges. The objective is to find ways to ensure the system evolves to meet the aspirations of a growing and diverse nation.

Keywords: Indian federalism, center-state relations, diversity, constitutional reforms

STUDY OF CONCEPT OF MORALITY AS IMPORTANT FACET OF NATURAL LAW THEORY

AUTHOR – RAIBHAN S. KATKAR, LLM STUDENT AT SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – RAIBHAN S. KATKAR, STUDY OF CONCEPT OF MORALITY AS IMPORTANT FACET OF NATURAL LAW THEORY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 213-219, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Morality is necessary when spirituality is absent” The concept of morality is pivotal in understanding Natural Law Theory, which posits that law should reflect inherent moral principles. This paper explores the interplay between morality and legal norms within this theoretical framework, tracing its historical roots, current relevance, and potential implications for legal practice. The foundations of Natural Law Theory can be traced back to ancient philosophers like Aristotle, who emphasized the connection between ethics and law. In the medieval period, thinkers like Aquinas further articulated this relationship, arguing that laws must align with moral truths. Over centuries, the theory has evolved, influencing legal systems and ethical discourse. Today, Natural Law Theory remains a significant topic in legal philosophy, especially as societies grapple with moral dilemmas arising from technological advancements and globalization. Contemporary debates often center on the applicability of natural law in modern legal frameworks, questioning the extent to which moral considerations should inform legislation. This study examines morality as a crucial aspect of Natural Law Theory, asserting that legal systems must account for ethical dimensions to ensure justice and social order. It delves into how moral principles can inform legal interpretations and applications, fostering a more holistic understanding of law. The primary challenge is determining the role of morality in contemporary legal systems. Many jurisdictions struggle to reconcile positive law with moral considerations, leading to conflicts and inconsistencies in legal outcomes. Integrating moral principles into legal frameworks enhances the legitimacy and effectiveness of laws, fostering a more just society. Reforms may involve establishing guidelines for moral evaluation in legal decision-making and promoting interdisciplinary dialogue between legal and ethical scholars. This paper aims to critically assess the relationship between morality and Natural Law Theory, explore its implications for current legal practices, and propose recommendations for integrating moral considerations into law.

Keywords: Natural Law Theory, Morality, Legal Philosophy, Ethics, Justice, Legal Systems, Moral Principles.

QUEERING THE CONSTITUTION: REDEFINING FAMILY AND CIVIL UNION IN M.A. V. STATE OF SUPERINTENDENT OF POLICE

AUTHOR – JEYAMURUGAN S & NANDHINI PRIYA S P

ASSISTANT PROFESSORS FROM BHARATH INSTITUTE OF LAW

BEST CITATION – JEYAMURUGAN S & NANDHINI PRIYA S P, QUEERING THE CONSTITUTION: REDEFINING FAMILY AND CIVIL UNION IN M.A. V. STATE OF SUPERINTENDENT OF POLICE, LIBERTY, AND EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 208-212, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

A recent Madras High Court judgment marks a pivotal shift in Indian constitutional jurisprudence by affirming that same-sex relationships are valid, constitutionally protected choices. Rejecting familial coercion and reiterating the importance of liberty, dignity, and self-determination under Article 21, the Court’s decision in a habeas corpus case supported an adult woman’s right to choose her spouse. The Court made a significant shift from conventional, heteronormative notions of family. It acknowledged homosexual unions and other consensual, non-marital partnerships as equally worthy of constitutional protection. It did this by making the law more relatable and by actively addressing issues of language, identity, and lived reality.
By extending the definition of family beyond biological and marital relationships, the ruling questions established legal frameworks and requires that state institutions especially the police support individual autonomy rather than stifle it. This case demonstrates a transformational constitutional approach, reaffirming the need to protect and uphold individual liberty and choice partnerships in a pluralistic democracy. It forces us to reevaluate how the law views partnerships, families, and the responsibility of the state in defending individual liberties.

Keywords: LGBTQIA+ Rights, Habeas Corpus, Chosen Family, Constitutional Morality, Same-Sex Relationship, Right to Personal Liberty.

NATURAL LAW IN INDIAN CONSTITUTIONALISM: THE JURISPRUDENTIAL FOUNDATIONS OF JUSTICE, LIBERTY, AND EQUALITY

AUTHOR – SRIDAR BALAJI S, STUDENT AT KMC COLLEGE OF LAW

BEST CITATION – SRIDAR BALAJI S, NATURAL LAW IN INDIAN CONSTITUTIONALISM: THE JURISPRUDENTIAL FOUNDATIONS OF JUSTICE, LIBERTY, AND EQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 203-207, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Natural law theory asserts that certain rights are inherent to human existence, arising from universal moral principles rather than being solely the product of legislative enactments. This paper explores the integration of natural law ideals into the Indian constitutional framework, demonstrating how justice, liberty, and equality—enshrined in the Preamble, Fundamental Rights, and Directive Principles—draw upon this philosophical tradition. Through an examination of key judicial decisions, it analyses how the Supreme Court of India has applied natural law reasoning to interpret and expand constitutional rights. The study also addresses criticisms and the need for a balanced approach that respects both moral ideals and democratic processes. In addition to jurisprudential analysis, this research situates the Indian experience within global debates and existing scholarly literature, offering a comprehensive understanding of natural law in constitutionalism.

“LEGITIMACY OF DIGITAL SIGNATURES AND E-CONTRACTS IN INDIA”

AUTHOR – MANASI SHEKHAR INAMDAR, D.E.S. SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – MANASI SHEKHAR INAMDAR, “LEGITIMACY OF DIGITAL SIGNATURES AND E-CONTRACTS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 194-202, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

 “Digital signature And E- contracts: Securing trust in a paperless world.”In India, the legitimacy of digital signatures and e-contracts was established with the enactment of the Information Technology Act, 2000, which recognized electronic records and digital signatures as legally valid. This is similar to the traditional paper-based contracts.  Digital Legitimacy of digital signatures and e- contracts in India is that they are legally valid and enforceable under the Information Technology Act, 2000, which grants electronic records and legal status as traditional signatures. The Indian Contract Act, 1872, and the Indian Evidence Act, 1872, also recognize the validity of e- contracts and digital signatures, making them crucial part of India’s digital economy.In India, e-contracts and digital signatures are legally recognized under the Information Technology Act, 2000. They are enforceable like physical signatures, provided they meet authentication standards, ensuring security, authenticity, and legal validity in electronic transactions.Research on the legitimacy of digital signatures and e-contracts in India faces challenges related to ensuring uniformity in legal recognition across various jurisdictions and industries. Additionally, concerns over the security, privacy, and potential for fraud in digital transactions continue to hamper the full acceptance and trust in these electronic systems.Technological advancements and security measures enhance the legitimacy of digital signatures in Indian e-contracts.Possible reforms for digital signatures and e-contracts in India may include stronger cybersecurity measures, broader legal recognition of new technologies, simplified compliance, improved global interoperability, and enhanced dispute resolution to ensure greater trust, security, and efficiency in digital transactions.The researcher has under taken the subject to critically examine the legitimacy of digital signatures and e- contracts in India, with a focus on their legal, social, and economic implications.

Key Words – Cross- border digital transactions, Digital Signatures, E- contracts, Electronic Records, Information Technology Act, 2000, Security Protocols.

“PATENT BATTLES IN THE PHARMACEUTICAL INDUSTRY: THE CASE OF COVID-19 VACCINE WAIVERS AND BEYOND”

AUTHOR – ADV. NILESH VITTHAL DAKE, ADVOCATE & PROGRESSIVE EDUCATION SOCIETY’S MODERN LAW COLLEGE, PUNE

BEST CITATION – ADV. NILESH VITTHAL DAKE, “PATENT BATTLES IN THE PHARMACEUTICAL INDUSTRY: THE CASE OF COVID-19 VACCINE WAIVERS AND BEYOND”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 189-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The COVID-19 pandemic has profoundly intensified global debates surrounding intellectual property (IP) rights and their intersection with public health equity, particularly by bringing into sharp focus proposals to temporarily waive certain provisions of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These waivers were advocated primarily for COVID-19 vaccines, therapeutics, and diagnostics, aiming to facilitate broader manufacturing and distribution amid unprecedented global health demands. This article presents a multifaceted analysis of the legal, economic, and ethical dimensions of the IP landscape during the pandemic, drawing upon pharmaceutical industry case studies, including high-profile disputes involving mRNA vaccine patents and voluntary licensing arrangements, alongside landmark judicial precedents from India and the United States.

The article examines the evolving policy discussions at the WTO, highlighting the negotiations that culminated in the 2022 Ministerial Decision, which provided limited flexibilities but fell short of broader ambitions. It contrasts the perspectives of developed nations—aligned with pharmaceutical innovators emphasizing the need to preserve R&D incentives—and developing nations, which prioritize equitable access in low- and middle-income countries (LMICs). The evaluation also considers compulsory licensing under TRIPS Article 31, assessing its applications and potential limitations in addressing pandemic-scale challenges.

By situating the COVID-19 crisis within a broader history of IP-driven access conflicts, such as those during treatments for Hepatitis C, the paper employs a doctrinal methodology to critically analyze the underlying tensions. Ultimately, it advocates for a balanced IP framework that reconciles the need for pharmaceutical innovation with the universal right to health, proposing targeted reforms such as strengthened TRIPS flexibilities for emergencies, multilateral technology transfer mechanisms, and investments in manufacturing capacities in LMICs to ensure equitable access to life-saving technologies worldwide.

ENFORCED DISAPPEARANCES AND INTERNATIONAL LAW: INDIA’S RELUCTANCE TO RATIFY THE ICPPED AND ITS DOMESTIC IMPLICATIONS

AUTHOR – ADV. KOMAL SAMBHAJI KAMBLE, LLM STUDENT AT MODERN LAW COLLEGE, PUNE

BEST CITATION – ADV. KOMAL SAMBHAJI KAMBLE, ENFORCED DISAPPEARANCES AND INTERNATIONAL LAW: INDIA’S RELUCTANCE TO RATIFY THE ICPPED AND ITS DOMESTIC IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 182-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The issue of enforced disappearances is not a new phenomenon; it has existed for decades and continues even today. In many parts of India, people face this grave violation of human rights. Enforced disappearances are linked with several forms of abuse and denial of justice, making it one of the most inhumane crimes. At the global level, international law has recognized the seriousness of this problem and has taken steps to prevent and address it^[1]. The International Convention for the Protection of All Persons from Enforced Disappearances, adopted by the United Nations, was created with the aim of eliminating this crime. The first express recognition of enforced disappearance as a crime was included in Article 7(i) of the Rome Statute of the International Criminal Court (adopted in 1998, enforced in 2002). Despite the fact that this crime has deeply affected communities in regions like Jammu & Kashmir, India has still not ratified the Convention. The impact of enforced disappearances is not limited to the direct victims but also inflicts severe emotional and psychological suffering on their families.^[2]

Keywords: enforced disappearances, victim, torture, extrajudicial killings, ICCP

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[1] Enforced Disappearances and International Law: India’s Reluctance to Ratify the ICPPED and its Domestic Implications 1 (2025).

[2] Rome Statute of the International Criminal Court art. 7(1)(i), July 17, 1998, 2187 U.N.T.S. 90

BALANCING FREEDOM OF ARTISTIC EXPRESSION AND FUNDAMENTAL DUTIES: A CONSTITUTIONAL PERSPECTIVE

AUTHOR – ADV. HARSHA MISHRA, LL.M FINAL YEAR IN DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE, AFFILIATED TO SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – ADV. HARSHA MISHRA, BALANCING FREEDOM OF ARTISTIC EXPRESSION AND FUNDAMENTAL DUTIES: A CONSTITUTIONAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 172-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT-

Artistic expression serves as a vital tool for dialogue, cultural enrichment, and social transformation. In India, this freedom is protected under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression. However, this right is not absolute. Article 19(2) permits reasonable restrictions to safeguard public order, morality, decency, and national integrity. Further, Article 51A outlines the Fundamental Duties of citizens, emphasizing the need to promote harmony, respect cultural heritage, and uphold the dignity of the nation. This creates a delicate balance between individual liberties and collective responsibilities, particularly when art unsettles prevailing beliefs or social norms. Recent controversies highlight this ongoing tension. The protests against Padmaavat (2018), the backlash to Besharam Rang (2023), and the debate around a socially charged performance on India’s Got Talent (2024) reveal how creative works often face opposition for offending community sentiments. Such cases have prompted judicial scrutiny to determine the boundaries of acceptable expression. This paper critically analyzes the legal framework governing artistic freedom in India, with a focus on evolving judicial interpretations. It explores how state intervention, public morality, and societal sensitivities shape the limits of expression. It also examines whether invoking Fundamental Duties contributes to a culture of censorship or genuinely upholds social cohesion. The study advocates for a balanced constitutional approach—one that protects artistic freedom while respecting the pluralistic values of Indian society. A nuanced framework is essential to ensure that artistic expression continues to flourish as a democratic force without undermining the nation’s ethical and cultural fabric.

Keywords: Artistic Expression, Freedom of Speech, Reasonable Restrictions, Fundamental Duties, Public Morality, Censorship.