FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING

AUTHOR – PRIYA MADHESIYA, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, NOIDA

BEST CITATION – PRIYA MADHESIYA, FROM PROTOCOLS TO PRACTICE: THE INTERNATIONAL LEGAL RESPONSE TO HUMAN TRAFFICKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 373-383, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human trafficking remains one of the most grievous human rights violations in the modern era, transcending borders and affecting millions worldwide. This paper undertakes a comprehensive analysis of the international legal framework established to combat human trafficking, tracing the evolution of global instruments and conventions that shape anti-trafficking responses today. Beginning with the 1904 International Agreement for the Suppression of the White Slave Traffic and culminating in the landmark 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), the study examines how the international community has progressively recognized trafficking as a serious transnational crime and human rights issue.

The paper evaluates the binding and non-binding instruments under the United Nations, the International Labour Organization, and regional frameworks such as those developed by the European Union and South Asian Association for Regional Cooperation. It explores the key components of these instruments, including prevention strategies, victim protection, and prosecution mechanisms. Additionally, the study critiques the gaps in enforcement, state compliance, and victim-centric approaches, arguing for a more integrated, human-rights-based strategy that includes accountability, cross-border cooperation, and socio-legal reform.

By comparing legal obligations and best practices, this paper highlights the need for harmonization between international and domestic laws and emphasizes the importance of political will and institutional coordination. The study concludes that while significant progress has been made, human trafficking persists due to structural vulnerabilities, weak implementation, and lack of survivor-centric policies.

Keywords- Human Trafficking, Palermo Protocol, International Law, Victim Protection,   Transnational Crime, UN Conventions, Legal Framework, SAARC Convention, Law Enforcement Cooperation

CRIMINALIZATION OF MARITAL RAPE: A STUDY OF LEGISLATIVE SILENCE AND JUDICIAL ACTIVISM

AUTHOR – MANISH KUMAR SAHU* & ABHISHEK MISHRA**

* LL.M, FACULTY OF LAW, SHRI RAWATPURA SARKAR UNIVERSITY

** ASSISTANT PROFESSOR AT FACULTY OF LAW, SHRI RAWATPURA SARKAR UNIVERSITY

BEST CITATION – MANISH KUMAR SAHU & ABHISHEK MISHRA, CRIMINALIZATION OF MARITAL RAPE: A STUDY OF LEGISLATIVE SILENCE AND JUDICIAL ACTIVISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 367-372, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Marital rape—non-consensual sexual intercourse by a spouse—remains a legally sanctioned exception under Indian criminal law, despite being a severe violation of bodily autonomy and human dignity. This research critically examines the legal, constitutional, and social implications of the marital rape exception under Section 63 of the Bharatiya Nyaya Sanhita, which exempts husbands from prosecution for rape committed against their wives. The legislative silence on this issue reflects not only patriarchal inertia but also a systematic disregard for the evolving standards of human rights and gender justice.

Through a doctrinal and comparative legal research methodology, the paper analyses statutory texts, judicial pronouncements, and feminist jurisprudence to assess the constitutionality of this exception. It studies landmark judgments such as Independent Thought v. Union of India and the Delhi High Court’s split verdict in RIT Foundation v. Union of India, highlighting the judiciary’s evolving approach towards marital rape. The study also explores the limitations of judicial activism in the absence of legislative intent and considers the role of the courts in upholding fundamental rights under Articles 14, 15, and 21 of the Indian Constitution.

Drawing on international legal developments, this research compares India’s position with jurisdictions such as the United Kingdom, United States, South Africa, and Nepal—all of which have criminalized marital rape. The comparative analysis exposes the regressive nature of India’s exception and the urgent need for reform in line with global human rights standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

The paper concludes that the marital rape exception is constitutionally indefensible and socially destructive, reinforcing gender inequality and legitimizing intimate partner violence. It argues that the criminalization of marital rape is not merely a legal reform but a moral and democratic imperative. To that end, the paper offers specific policy recommendations, including the repeal of Exception 2 to Section 63 BNS, gender-sensitive training for law enforcement, and legal recognition of sexual autonomy within marriage. This research aims to contribute to the growing call for transformative legal change that aligns Indian criminal law with constitutional morality and the rights of women to bodily integrity, dignity, and equality.

Keywords

Marital Rape, Judicial Activism, Criminal Law, Constitutional Rights, Gender Justice, Legal Reform, Patriarchy, Section 63 BNS

CONSTITUTIONAL CHALLENGES AND SAFEGUARDS IN CLINICAL TRIALS

AUTHOR – SAMSON ALBERT S, STUDENT AT VINAYAKA MISSION’S LAW SCHOOL

BEST CITATION – SAMSON ALBERT S, CONSTITUTIONAL CHALLENGES AND SAFEGUARDS IN CLINICAL TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 359-366, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Clinical trials play a crucial role in advancing medical science, yet they also raise significant constitutional concerns regarding participants’ rights and protections. This paper explores the constitutional challenges and safeguards in clinical trials, focusing on two fundamental rights enshrined in the Indian Constitution: the Right to Life and Health (Article 21) and the Right to Equality (Article 14).

The Right to Life and Health guarantees every individual the highest attainable standard of health, which extends to ethical participation in clinical trials. However, concerns arise when trials compromise participants’ safety, lack proper informed consent, or fail to provide post-trial medical care. The Supreme Court of India has played a pivotal role in upholding ethical standards by delivering landmark judgments that emphasize the responsibility of pharmaceutical companies, research organizations, and the government to protect trial subjects. These rulings highlight the need for stringent guidelines, transparency, and accountability to prevent exploitation and ensure participant welfare.

Similarly, the Right to Equality underscores the need for fairness in the selection of trial participants. Discrimination in participant recruitment—whether based on socioeconomic status, gender, or other factors—raises ethical and legal concerns. Marginalized communities, often targeted for clinical trials due to their economic vulnerabilities, may face undue risks without sufficient safeguards. Ensuring equal access to trial benefits, including necessary medical care post-trial, is essential in maintaining justice and fairness in medical research. Addressing these concerns requires a robust regulatory framework that prevents biases in participant selection and mandates equitable distribution of benefits arising from clinical research.

By analyzing constitutional provisions, judicial precedents, and regulatory mechanisms, this paper aims to highlight the pressing ethical and legal challenges in clinical trials while suggesting measures to strengthen participant rights. A balanced approach—where scientific advancements align with fundamental rights—is crucial to maintaining the integrity of clinical trials and ensuring that medical research serves humanity without compromising ethical principles.

 Keywords:- Clinical trials, Indian Constitution, the Right to Life and Health (Article 21), the Right to Equality (Article 14), Discrimination, Marginalized communities, safeguard and humanity

DIGITAL CURRENCY: A CASE STUDY WITH A PARTICULAR EMPHASIS ON INDIA

AUTHOR – ANJALI YADAV, STUDENT, DEPARTMENT OF LAW^, AMITY UNIVERSITY MUMBAI (LAW SCHOOL), MAHARASHTRA, INDIA

BEST CITATION – ANJALI YADAV, DIGITAL CURRENCY: A CASE STUDY WITH A PARTICULAR EMPHASIS ON INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 348-358, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Any currency that is primarily handled, kept, and traded via digital devices—such as computers, smartphones, etc.—is referred to as digital currency. Digital currency, which includes virtual money and crypto currency, is a form of money that solely exists digitally and lacks a physical form. The digital Currency, commonly referred to as digital money or cyber cash, can be used to buy products and services, but it can also be limited to specific online communities like social networks or gaming. With particular reference to the current state of digital currency in India, we shall examine the true significance of digital currencies in the modern world in this essay. The current research has been exploratory and informal. and empirical in character, and the information required for the study project has been gathered through the use of both direct and indirect methods.

Keywords: Digital currency, CBDC, RBI wallet, banknote method. 

CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE

AUTHOR – VIJAY BAJPAI* & MS. PRIYANKA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – VIJAY BAJPAI & MS. PRIYANKA GUPTA, CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 332-347, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction

Corporate liability for environmental degradation has evolved into one of the most pressing issues in legal, economic, and social terms at the present time. Fast unescapable and highly serious in the long run are the unfolding practical consequences of environmental degradation, mostly through corporate activities, on ecosystems, biodiversity, and human health. Although there has been improvement in developing the legal frameworks and regulations for the redress of environmental harm, there is still significant inertia in corporate accountability in creating or worsening any environmental degradation incidents. This gaping hole in legal accountability keeps up the cycle of corporate irresponsibility and environmental damage with public suffering.^[1]

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[1] “Philippe Sands, Principles of International Environmental Law 202 (Cambridge University Press, Cambridge, 3rd edn., 2018).”

ANALYSIS OF FOOD SAFETY AND STANDARDS ACT, 2006 WITH RESPECT TO RIGHT TO HEALTH

AUTHOR – MINI RAMCHIARY, STUDENT, LLM (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – MINI RAMCHIARY, ANALYSIS OF FOOD SAFETY AND STANDARDS ACT, 2006 WITH RESPECT TO RIGHT TO HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 319-331, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian constitution included the right to health as one of the fundamental rights and guiding principles of state policy, making it an unalienable right to be guaranteed. A comprehensive law known as the Food Safety and Standards Act (FSSA) was created to guarantee the quality and safety of food items in India. To safeguard the public’s health, the Act contains several regulations that control the production, distribution, storage, and sale of food products. However, incidences of food contamination have been documented despite India’s stringent food safety rules and regulations. Regarding such an increase in the number of violations of right to health, the link between right to health and the existing legal framework will be analysed in this dissertation. India is a signatory to the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which recognizes the right to health as a fundamental human right. A fundamental prerequisite for maintaining good health is having access to safe and nourishing food, which is part of the right to health. By guaranteeing the safety and quality of food products, the FSSA seeks to advance and defend the right to health. Under the Act, the Food Safety and Standards Authority of India (FSSAI) was created with the responsibility of creating standards for food products, controlling their manufacture, distribution, storage, and sale, and ensuring that the regulations are followed. To sum up, the legal provisions meant for ensuring safe and quality food items, which are crucial for preserving good health (right to food), will be analysed in the context of India. 

 Key Words: Right to health, quality food, right to food

JURISDICTION OF CONSUMER COURTS IN INDIA: DISCOURSE IN REFERENCE TO THE CONSUMER (PROTECTION) ACT 2019

AUTHOR – VAIBHAV KARTIKEYA AGRAWAL, ADVOCATE & GRADUATED FROM HIDAYATULLAH NATIONAL LAW UNIVERSITY

BEST CITATION – VAIBHAV KARTIKEYA AGRAWAL, JURISDICTION OF CONSUMER COURTS IN INDIA: DISCOURSE IN REFERENCE TO THE CONSUMER (PROTECTION) ACT 2019, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 308-318, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The consumer protection laws have been enacted to provide immediate and inexpensive relief to the consumers and regulate the law and order in business transactions from shopkeeper to consumer. These laws are primarily not concerned with commercial deficits or profits instead are destined to redress the grievances of common man. This paper endeavours to explore the contours of jurisdiction of the Consumer forums. The paper states the circumstances in which a welfare function of the State Government could be challenged before a consumer forum. It also explores the circumstances which entitles a businessman to take recourse to the consumer forums for redressal. The paper is doctrinal and will definitely add to the jurisprudence of Law.

KEYWORDS: Consumer; Jurisdiction; Commercial; Self-employed;

PROCEDURE OF ARREST UNDER BNSS

AUTHOR – PRINCE YASHWANT RAMESH, STUDENT AT GAUTAM BUDDHA UNIVERSITY

BEST CITATION – PRINCE YASHWANT RAMESH, PROCEDURE OF ARREST UNDER BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 301-307, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian parliament replaced the colonial-era code of Criminal Procedure,1973, with the Bharatiya Nagrik Suraksha Sanhita,2023 (BNSS), which constitutes a major revamp of the nation’s criminal procedure law. The BNSS is critically examined in this essay, along with its main goals, laws, and possible effects on India’s criminal justice system. It explores the justification for the legislative modification, emphasizing the changes in emphasis on victim-centric strategies, technology integration, and procedural efficiency. The study also assesses the possible difficulties and arguments related to the BNSS implementation critically, including issues with the proper ratio of the state authority to the individual freedom’s readiness of the legal and law enforcement systems, and possible effects on the accused’s rights. By examining the salient features and potential implications of this landmark legislation, this research aims to provide a comprehensive understanding of its significance in shaping the future of criminal justice in India.  

Keywords: Bharatiya Nagrik Suraksha Sanhita(BNSS), Criminal Procedure Code, Criminal Justice Reform, India, Technology in Law, Victim Rights, Procedural Efficiency, Rule of Law, Human Rights.

SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA

AUTHOR – ISHIKA HOODA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ISHIKA HOODA, SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 289-300, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper presents a comprehensive sector-specific analysis of India’s patent protection framework, focusing on two critical sectors: pharmaceuticals and agricultural biotechnology. India’s unique approach to patent protection represents a deliberate balancing act between fostering innovation and ensuring public access to essential goods.

In the pharmaceutical sector, the evolution from the process-patent system established by the 1970 Patents Act to the post-TRIPS product patent regime implemented in 2005 transformed India’s position in the global pharmaceutical landscape.

The paper examines distinctive features of India’s pharmaceutical patent system, including Section 3(d)’s anti-evergreening provision, compulsory licensing mechanisms, and the dual opposition system, analyzing landmark cases such as Novartis v. Union of India, Bayer v. Natco, and Roche v. Cipla. The impacts on various stakeholders—multinational pharmaceutical companies, domestic generic manufacturers, and patients—are evaluated, revealing how India’s pharmaceutical sector has adapted to international obligations while maintaining access to medicines.

In the agricultural biotechnology sector, the paper traces the development of a multi-layered protection framework comprising the amended Patents Act, the Protection of Plant Varieties and Farmers’ Rights Act (PPVFR), and the Biological Diversity Act. This integrated approach restricts patentability for plants and essentially biological processes while creating alternative protection mechanisms for plant varieties that preserve farmers’ rights. The paper analyzes the patentability criteria for genetically modified organisms, genes, DNA sequences, and biotechnological processes, examining judicial interpretations in cases like Monsanto v. Nuziveedu Seeds. The research identifies persistent tensions between innovation incentives and access concerns, particularly regarding seed sovereignty and the relationship between private rights and public research. The paper concludes by examining emerging challenges from new breeding technologies and international harmonization pressures, offering policy recommendations to strengthen India’s sector-specific patent protection framework while maintaining its distinct development priorities.

CYBERCRIME IN VIRTUAL REALITY: CHALLENGES AND OPPORTUNITIES FOR INDIAN LAW ENFORCEMENT

AUTHOR – ISHA JOHNSON* & SUGANYA JEBA SAROJINI**

* LAW STUDENT (FINAL YEAR) BA.LLB SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS, PUNE

** ASSISTANT PROFESSOR, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS, PUNE.

BEST CITATION – ISHA JOHNSON & SUGANYA JEBA SAROJINI, CYBERCRIME IN VIRTUAL REALITY: CHALLENGES AND OPPORTUNITIES FOR INDIAN LAW ENFORCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 281-288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Virtual reality (VR) has transformed online interaction, establishing interactive communication, entertainment, education, and business spaces. This has created avenues for cybercrime, such as identity theft, financial crimes, online stalking, and data collection without consent. India’s cyber laws, such as the Information Technology Act, 2000 and the Indian Penal Code, are ill-equipped to respond to these challenges. Law enforcement authorities are confronted with special challenges in detecting, investigating, and prosecuting crimes that occur in VR spaces because of the jurisdictional complexity of VR platforms and the challenge of obtaining digital evidence.

Virtual reality (VR) is yielding new cyber attacks, such as fraud, harassment, and cybercrime. Financial security, ethical issues, and reputational damage are threatened by these risks. The psychological effects of VR harassment and fake abuse are complicating legal intervention. The government and policymakers must reimagine cyber legislation, incorporate AI-powered security software, and introduce strong compliance policies among VR creators. Policymakers must increase digital content forensic capabilities, impose identity authentication, and enhance global cooperation to counter cross-border cybercrime. Public education campaigns, corporate accountability mechanisms, and ethical design principles must be prioritised to prevent abuse and guarantee digital security.

This Paper discusses India’s legislative limitations towards combating VR cybercrime, proposes modifications, and delves into AI-based moderation, forensic software, and identification authentication. Solutions include VR-oriented cyber law, enhancing forensic expertise, and coordinating development activity with VR developers.

Keywords – VR, Cybercrime, law, Challenges, India.