A STUDY ON LEGAL RIGHTS AND CHALLENGES OF SURROGATES IN INDIA

AUTHOR – CHETANA P, BA.LLB (HONS), STUDENT, SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES, SAVEETHA UNIVERSITY, CHENNAI, INDIA, MAIL ID: CHETANA030403@GMAIL.COM

BEST CITATION – CHETANA P, A STUDY ON LEGAL RIGHTS AND CHALLENGES OF SURROGATES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 479-499, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

It is an empirical study on legal rights and challenges of surrogates in India. The word “surrogate” is derived from the Latin word surrogates means a “substitute”. Right to reproduce their child  is an unread right of every existence. Parenting is a life altering and most permanently satisfying experience. The absence of a child is considered as a stigma to the family. There are numerous cases where the incapability to have a child led to wedded breakdown. The incapability to have a child which is known as infertility in medical terms is a global problem. According to the WHO Report the prevalence of infertility across the globe including India is around 10- 15 percent. This research aims to study on the challenges of surrogates, whether it has been considered only as commercial business, to find out the reasons for the practice of surrogation, to explore the social stigma on surrogacy which is considered as prostitution. The results show that surrogacy is a part of commercial business in india. poverty being a factor to become a surrogate mother this may be due to that when there is a monetary need for women and has financial burden they tend to work as surrogate mother and women feel it is her right to body to do whatever she feels to do and also there are women who wants to make other family happy by giving birth to child not only for monetary purpose also agreed that they should be law to protect surrogacy this might be due to that this practice also involves human trafficking and breach of trust so to avoid all this there should be proper law to protect surrogacy. Basically women are emotionally attached to their child when they are in the womb itself so after birth one has to give the child which she carried for months is the difficult part.

KEYWORDS –Surrogation, women, infertility, rights, challenges

DOWRY IN INDIA: LEGAL EVOLUTION, SOCIO-ECONOMIC IMPLICATIONS, AND HISTORICAL FOUNDATIONS

AUTHOR – SHIVANI ABHIJIT KHANOLKAR, STUDENT AT B.C.T COLLEGE OF LAW, NEW PANVEL

BEST CITATION – SHIVANI ABHIJIT KHANOLKAR, DOWRY IN INDIA: LEGAL EVOLUTION, SOCIO-ECONOMIC IMPLICATIONS, AND HISTORICAL FOUNDATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 473-478, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The dowry system in India, while stemming from ancient customs, has developed into a social issue that fuels gender-based violence, domestic violence, and even dowry-related deaths. This research paper investigates the historical roots of dowry, its evolution over time, and the socio-economic factors that perpetuate the practice. It critically evaluates the success of legal interventions, chiefly the Dowry Prohibition Act of 1961, along with later legal reforms. The study emphasizes the difficulties in implementation, gaps in enforcement, and judicial understanding. Employing a doctrinal methodology, the paper reviews literature from legal regulations, case law, and social science research to evaluate the effectiveness of legal measures in reducing dowry practices. It concludes by proposing recommendations for a comprehensive strategy that integrates legal, social, and educational reforms.

Keywords: Domestic Violence, Gender Inequality, Indian Legal System, Socio-Economic Impact, Patriarchy Dowry, Dowry Prohibition Act,.

FOOD WARS: ANALYSING THE GI DISPUTES IN FOOD AND CULINARY REALM

AUTHOR – MAANSI AHUJA, LLM STUDENT AT UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GGSIPU

BEST CITATION – MAANSI AHUJA, FOOD WARS: ANALYSING THE GI DISPUTES IN FOOD AND CULINARY REALM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 466-472, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Food and cuisine form an essential part of the cultural fabric of any society and is intricately linked with daily social life of the populace of a country. Due to the cultural significance and economic contribution of the food industry, countries will want to distinguish its products from the other homogenous varieties available in the market. Geographical Indication, a type of IPR protecting the communities, is often used to distinguish products based on their place of origin and qualities attributable to those products. Many agricultural as well as manufactured & processed products in the realm of food have been granted protection under the GI tag around the globe, but the disputes have subsisted between the nation states. This is because the framework governing Geographical Indication is complex and ambiguous with different countries following a different system for indication of geographical origin. This paper shall discuss various GI disputes within the culinary realm including Feta dispute between Greece and other EU countries, Pisco conflict between Peru and Chile as well as intra-country disputes like Miso in Japan and Rasgulla in India and discuss the economic and cultural significance of the same.

 Keywords: Cuisine, Geographical Indication, cultural significance, homogenous products, Inter-country & intra-country disputes

A STUDY OF STIGMA, MENTAL HEALTH, AND HELP-SEEKING BEHAVIOUR AMONG FEMALE SEX WORKERS WITH SPECIAL REFERENCE TO CHENNAI

AUTHOR – JAYASHREE.G,  BA.LLB(HONS) STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS,), SAVEETHA UNIVERSITY, CHENNAI-77. MAIL ID:jayashreegovindan2004@gmail.com

BEST CITATION – JAYASHREE.G, A STUDY OF STIGMA, MENTAL HEALTH, AND HELP-SEEKING BEHAVIOUR AMONG FEMALE SEX WORKERS WITH SPECIAL REFERENCE TO CHENNAI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 440-465, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Female sex workers (FSWs) constitute one of society’s most marginalized populations, facing intersecting stigmas related to their occupation, gender, and often, mental health status. This multi-layered stigmatization creates significant barriers to accessing appropriate mental health care despite elevated rates of psychological distress in this population. Previous research has documented high prevalence of depression, anxiety, post-traumatic stress disorder, and suicidal ideation among FSWs, yet limited attention has been paid to the specific mechanisms through which stigma influences help-seeking behaviors in this context.This study aimed to examine the relationship between different forms of stigma (societal, structural, and internalized) and mental health outcomes among female sex workers, while identifying the primary barriers and facilitators to mental health service utilization within this population.The study sought to develop recommendations for stigma-reduction interventions and mental health service improvements tailored to FSWs’ needs.the sample size is 200.The research employs quantitative apporoch  Our mixed-methods investigation revealed that 78% of participants reported clinically significant symptoms of at least one mental health condition, yet only 23% had accessed formal mental health services in the previous year. Structural stigma, particularly within healthcare settings, emerged as the strongest predictor of reduced help-seeking behavior. Participants identified fear of judgment, concerns about confidentiality, and previous discriminatory experiences as primary barriers to care. Peer-led programs and integrated service models that combined mental health support with other needed services demonstrated the greatest acceptability and utilization. This study highlights the urgent need for trauma-informed, non-stigmatizing mental health services for female sex workers. Effective interventions must address both individual psychological needs and the broader structural determinants of stigma through policy reform and provider education. Creating safe, accessible spaces for mental healthcare represents a critical step toward improving health outcomes in this vulnerable yet resilient population.

KEYWORDS: psychological needs,discrimination,help seeking, fear of judgment, trauma

ENACTMENTS CONTROLLING CHILD LABOUR IN INDIA

AUTHOR – PRIYANKA GUPTA, ASSISTANT PROFESSOR AT IILM UNIVERSITY, GREATER NOIDA (U.P.)

BEST CITATION – PRIYANKA GUPTA, ENACTMENTS CONTROLLING CHILD LABOUR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 436-439, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Children represent the most vulnerable and valuable section of any society. Ensuring their protection, development, and well-being is not only a constitutional mandate but also a moral obligation. India, being a signatory to the United Nations Convention on the Rights of the Child (UNCRC), has developed a robust legal framework to safeguard the rights of children across various domains including education, protection from exploitation, juvenile justice, health, and welfare.

Over the years, several child-related enactments have been introduced in India to address the unique needs and rights of children. These laws are aimed at protecting children from abuse, neglect, exploitation, and ensuring their right to a safe and nurturing environment. Key legislations such as the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Right of Children to Free and Compulsory Education Act, 2009 reflect the country’s commitment to upholding child rights.

These enactments not only provide preventive and protective measures but also promote rehabilitative and child-friendly procedures, ensuring that the best interest of the child remains paramount in every legal process.

DEVELOPMENT VS. DISPLACEMENT: HUMAN RIGHTS CONCERNS IN LAND ACQUISITION FOR INFRASTRUCTURE PROJECTS IN INDIA

AUTHOR – HARSHIT VERMA, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – HARSHIT VERMA, DEVELOPMENT VS. DISPLACEMENT: HUMAN RIGHTS CONCERNS IN LAND ACQUISITION FOR INFRASTRUCTURE PROJECTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 428-435, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In this Article, we take a look at how India’s land acquisition procedures for infrastructure projects are a complicated junction of development goals and human rights issues. Beginning with the Land Acquisition Act of 1894, which was passed during India’s colonial era, the book follows the development of the country’s legal structure all the way up to the groundbreaking Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR) of 2013. The progressive aspects of the LARR Act, such as the need to conduct social impact assessments, get consent, and establish thorough compensation systems, as well as the broader acknowledgement of impacted persons, continue to face substantial hurdles throughout implementation.

Forced displacement of people, destruction of indigenous ways of life and cultural traditions, and insufficient plans for compensation and rehabilitation are some of the serious human rights concerns highlighted in the report. One of the worst development-induced displacement crises in the world is happening in India, where an estimated 50 million people have been displaced since independence. This article examines India’s human rights policy in light of international norms and finds that the country falls far short of its commitments under the UN Guiding Principles on Business and Human Rights and the International Covenant on Economic, Social and Cultural Rights.

The article shows how the court has changed its role in balancing economic needs with human rights safeguards by analysing landmark judicial interventions. Infrastructure development must continue without violating the rights and dignity of impacted communities, especially indigenous and other oppressed groups, according to the study’s findings, which highlight the need for substantial reforms to implementation mechanisms notwithstanding legislative progress.

Key words: (Land acquisition, displacement, human rights, LARR Act, infrastructure development, indigenous communities, rehabilitation)

IMPACT OF INTERNET SHUTDOWNS IN INDIA

AUTHOR – DHANANJAY DHANKARD, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – DHANANJAY DHANKARD, IMPACT OF INTERNET SHUTDOWNS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 418-427, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The proliferation of digital technologies has rendered the Internet a foundational pillar of modern life, underpinning communication, commerce, education, and governance. Yet, India has emerged as the global leader in imposing internet shutdowns, frequently enacted under the pretexts of public safety, national security, and misinformation control. This chapter offers a comprehensive examination of the impacts of these shutdowns, integrating legal, economic, social, and democratic perspectives. It begins by analyzing the statutory framework—Section 144 of the Code of Criminal Procedure and the Temporary Suspension of Telecom Services Rules (2017)—and identifies significant procedural gaps, executive overreach, and lack of transparency^[1]. Through detailed case studies, including Anuradha Bhasin v. Union of India (2020) and Foundation for Media Professionals v. Union Territory of Jammu & Kashmir (2020), the chapter evaluates judicial interventions and highlights the inconsistent application of proportionality and necessity tests. Empirical data on economic losses— estimated at over USD 4.7 billion in 2022—and disruptions to financial inclusion, education, and e-governance illustrate the real-world consequences on vulnerable populations. The chapter also explores socio-political ramifications, such as the curtailment of free expression and erosion of public trust in democratic institutions. Drawing on international human rights standards and comparative jurisprudence, it advocates for urgent reforms: codified shutdown guidelines, mandatory real-time judicial review, independent oversight bodies, and compensation mechanisms. By proposing a rights-respecting digital governance framework, the chapter aims to ensure that internet access in India is protected as a fundamental freedom, even during times of crisis.

Keywords: Internet shutdowns, digital rights, proportionality, judicial review, India

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[1] Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, G.S.R. 395(E), Ministry of Communications, Government of India.

PATENT-COMPETITION INTERFACE IN INDIA

AUTHOR – VIDUR PANDIT, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – VIDUR PANDIT, PATENT-COMPETITION INTERFACE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 406-417, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This article explores the complex interplay between patent rights and competition law in India, focusing on how the legal system navigates conflicts between intellectual property protection and the preservation of market competition. Anchored in the Competition Act, 2002 and the Patents Act, 1970 (as amended post-TRIPS), the article analyses how regulatory and judicial frameworks respond to alleged abuses of patent rights particularly in high-stakes sectors such as telecommunications, pharmaceuticals, and agriculture. Key case studies, including Ericsson v. Micromax and Monsanto v. CCI, illustrate the evolving jurisprudence on standard essential patents (SEPs), FRAND obligations, and the jurisdictional overlap between the Competition Commission of India (CCI) and civil courts. The article critically evaluates the divergent views of single and division benches of the Delhi High Court on whether competition law can scrutinize patent-related conduct, especially excessive pricing and discriminatory licensing. It concludes by emphasizing the need for clearer statutory demarcation, procedural efficiency, and harmonization with global practices to ensure that innovation incentives do not result in market exclusion or consumer harm.

REGULATORY FRAMEWORK FOR ACQUISITIONS

AUTHOR – JAHNVI MEHTA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – JAHNVI MEHTA, REGULATORY FRAMEWORK FOR ACQUISITIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 394-405, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This document provides a comparative overview of the regulatory frameworks governing acquisitions in India, the United States, and the European Union. It examines the legal and institutional structures that regulate mergers and acquisitions, including the roles played by the Competition Commission of India (“CCI”), the Securities and Exchange Board of India (“SEBI”), the U.S. Federal Trade Commission (“FTC”), the Department of Justice (“DOJ”), and the European Commission. Key elements discussed include notification thresholds, review procedures, enforcement mechanisms, and the underlying legal principles that shape antitrust and securities regulation in each jurisdiction. Through a cross-jurisdictional analysis, the paper offers insights into the convergence and divergence of regulatory practices, equipping stakeholders with a broader understanding of global compliance requirements in cross-border transactions.

FROM STEREOTYPES TO OPPORTUNITIES: THE ROLE OF TECHNOLOGY IN REDEFINING GENDER NORMS

AUTHOR – ANKITA, STUDENT AT TRINITY INSTITUTE OF PROFESSIONAL STUDIES

BEST CITATION – ANKITA, FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 384-393, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Gender and technology go hand in hand because gender dynamics are shaped by technology. Technology can also change the power dynamics in our society so that women have more equality since it gives them access to previously untapped options for organization and involvement. It is also necessary to address the gendered attitudes of men and women on the societal construction of female subordination and gender inequity.

The application of conceptual knowledge towards the fulfillment of real-world objectives is what is known as technology, the most powerful word in the modern world, especially when done in a repeatable fashion. Technology makes it possible for anyone to participate in the political, social, and economic spheres regardless of gender, caste, sex, or race, and it also gives everyone access to an infinite amount of information and knowledge. It gives everyone the chance to follow their passions and advocate for themselves.

It is critical to confront online abuse and use technology to advance positive social change. Collaboration between national governments, tech corporations, feminist and digital rights groups, gender-based violence service providers, researchers, and most crucially, survivors is necessary to prevent and address technology-facilitated gender-based violence. Prioritizing inclusivity and diversity is crucial while creating AI technology.

In this technologically advanced world, women must seize their possibilities and stand on their own feet.

Keywords – Technology, Gender Equality, Discrimination, women, Dynamics, Information, technological Sectors, social and economic development