A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHERS IN INDIA

AUTHOR – NIKITA SHARMA, AMITY LAW SCHOOL, AMITY UNIVERSITY MAHARASTRA

BEST CITATION – NIKITA SHARMA, A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 49-61, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper looks at how the Maternity Benefit Act, 1961 has evolved over time and what kind of difference it has made for working women in India. One of the biggest turning points for the Act came in 2017, when it was amended to provide stronger protections. The most notable change was increasing paid maternity leave from 12 weeks to 26 weeks. Additionally, larger companies were required to set up crèche (childcare) facilities, and work-from-home options were introduced in certain cases. The amendment also ensured maternity benefits for adoptive and commissioning mothers. While these improvements were widely seen as progressive, they did create challenges—especially for smaller businesses that had to manage the additional financial burden¹.

This paper doesn’t just look at the history of the Act and how its provisions have changed, but also evaluates how effective it has been in practiceWhile the Act is a positive step on paper, challenges still exist, particularly in private-sector jobs and unorganized industries where enforcement is weak.

The research draws on legal texts, court cases, government reports, and expert opinions to provide a balanced view of where the Maternity Benefit Act stands today—its successes, its shortcomings, and areas that need improvement. Overall, while the Act and its 2017 amendment are important milestones for workplace gender equality, there’s still work to be done to ensure that every woman, regardless of where she works, gets the support she needs during maternity.

KEYWORDS: Maternity Benefit Act,1961, Maternity Benefit (Amendment) Act, 2017, Working Mothers, Women in the Workforce, Maternity Leave Policy, Labour Legislation in India, Workplace Gender Equality, Employee Rights, Work Life Balance

CRM AND CUSTOMER RETENTION IN SUBSCRIPTION-BASED MODELS

AUTHOR – SHIKHA BHARTI, AMITY SCHOOL OF BUSINESS, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – SHIKHA BHARTI, CRM AND CUSTOMER RETENTION IN SUBSCRIPTION-BASED MODELS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 25-48, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Subscription-based business models have emerged as a disruptive force in today’s corporate landscape, changing paradigms for revenue generation and customer contact strategies. This paper examines the multifaceted phenomenon of subscription-based business models, examining how they have emerged in many industries and their impact on income predictability and client retention that is revolutionary. Through a careful examination of customer behaviour, technology enablers, benefits beyond ownership, loyalty-building strategies, and revenue metrics, this study uncovers the mechanisms underlying the success of subscription models. Using mini-case studies from a variety of industries, the study focusses on strategies that increase customer loyalty, reduce attrition, and give businesses a consistent flow of revenue. The paper also discusses the difficulties in maintaining subscriber engagement and adds to a comprehensive understanding of subscription-based models’ capability to establish long-lasting client connections and guarantee income stability across a range of sectors by connecting theoretical ideas with practical facts.

NAVIGATING TURBULENCE: UNLOCKING SUCCESS AMID CHANGE MANAGEMENT HURDLES FOR INDIAN START-UPS

AUTHOR – RAGHAV AGGARWAL, STUDENT AT AMITY SCHOOL OF BUSINESS, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – RAGHAV AGGARWAL, NAVIGATING TURBULENCE: UNLOCKING SUCCESS AMID CHANGE MANAGEMENT HURDLES FOR INDIAN START-UPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 01-24, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Startup India is the name of a significant government initiative in India that supports innovation and fosters entrepreneurship. In its drive to boost entrepreneurship, economic growth, and employment across India, the government plans to assist new firms. India’s startup ecosystem has drawn interest from around the world. Recently, the business world has witnessed an explosion of innovative startups providing widespread answers to real problems since hundreds of young entrepreneurs chose this path rather than joining multinational corporations and government programs.

The article discusses some of the issues and challenges that an Indian startup must face as well as the possibilities that the country may provide in the present economic environment.

COMPULSORY PRE-LITIGATION MEDIATION IN COMMERCIAL DISPUTES: A CRITICAL STUDY OF THE COMMERCIAL COURTS ACT, 2015

AUTHOR – PRIYANKA GANGULY* & DR. RAJVARDHAN**

* PH.D. (LAW) RESEARCH SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

** ASSISTANT PROFESSOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

BEST CITATION – PRIYANKA GANGULY & DR. RAJVARDHAN, COMPULSORY PRE-LITIGATION MEDIATION IN COMMERCIAL DISPUTES: A CRITICAL STUDY OF THE COMMERCIAL COURTS ACT, 2015, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 869-877, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

This paper critically examines the provisions of the Commercial Courts Act, 2015 (CCA), particularly focusing on its mandate of compulsory pre-litigation mediation in commercial disputes. As India’s commercial litigation landscape grapples with case backlogs and prolonged delays, the CCA seeks to institutionalize mediation as a cost-effective, efficient, and amicable alternative dispute resolution (ADR) mechanism. This study evaluates the statutory framework under Section 12A of the Act, the role of mediation institutions, and the judicial approach towards enforcing pre-institution mediation. Through a doctrinal legal research methodology supplemented with a comparative analysis of international best practices from jurisdictions like the United States, European Union, Singapore, and Australia, this paper identifies both the merits and operational challenges of the compulsory mediation framework in India. It highlights key issues such as legal awareness, mediation infrastructure, enforceability of outcomes, and resistance from litigants. Empirical insights from Indian and international experiences, alongside relevant case studies, are integrated to assess the practical effectiveness of this mechanism. Finally, the paper proposes recommendations to strengthen the pre-litigation mediation framework and align it more closely with global standards, emphasizing the need for institutional support, mediator training, legislative clarity, and enhanced awareness among commercial litigants.

Keywords: Commercial Courts Act, 2015, Pre-Litigation Mediation, Commercial Disputes, Alternative Dispute Resolution, Mediation in India, Legal Reforms, Dispute Settlement Mechanisms.

FIRST INFORMATION REPORT IN INDIA

AUTHOR – YASHIKA SINGH, STUDENT AT SOL J&G, GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA

BEST CITATION – YASHIKA SINGH, FIRST INFORMATION REPORT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 863-868, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The First Information Report (FIR) plays a critical role in India’s criminal justice system, as it is the document that formally begins a police investigation into a cognizable offence. Anticipating its treatment under the 1973 Code of Criminal Procedure, Section 154 thereof, the FIR becomes a procedural vestige and a check on accountability and transparency in criminal proceedings. The present paper seeks to analyse the legal framework and procedural intricacies of FIR with the evidentiary value of FIR, types of FIRs and notable judicial pronouncements that have contributed to its application. It further explores the issues of delayed or false FIRs, police inaction, and documents’ digitization. The following paper describes ways to reform the first stage of the criminal justice process through a critical lens so that citizens have adequate access to justice and the police are held accountable for the registration of FIRs and arrests.

Keywords: First Information Report, Investigation, Cognizable Offence, Criminal Proceedings, Evidentiary Value.

“THE BASIC STRUCTURE DOCTRINE AND THE MODERN INDIAN STATE: BETWEEN JUDICIAL REVIEW AND DEMOCRATIC MANDATE”

AUTHOR – A ANTONY RAJ & PRIYANKA.R

LLM SCHOLARS AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – A ANTONY RAJ & PRIYANKA.R, “THE BASIC STRUCTURE DOCTRINE AND THE MODERN INDIAN STATE: BETWEEN JUDICIAL REVIEW AND DEMOCRATIC MANDATE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 853-862 APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides an in-depth analysis of the Basic Structure Doctrine, a cornerstone of Indian constitutional law first articulated in the landmark Kesavananda Bharati v. State of Kerala case. It explores how this doctrine limits the amending power of the Parliament by protecting certain inviolable features of the Constitution, such as the rule of law, democracy, secularism, federalism, and judicial independence. The paper also examines the doctrine’s judicial evolution through critical cases including Indira Gandhi v. Raj Narain, Minerva Mills, and Waman Rao, highlighting how courts have expanded and refined the scope of the basic structure to include both constitutional amendments and ordinary legislation when they undermine core constitutional principles.

In addition, the paper delves into contemporary constitutional controversies to illustrate the continued relevance of the doctrine. It includes the debate over madrasa regulation, where the balance between minority rights and state-imposed educational standards is scrutinized through cases like TMA Pai Foundation, Azmat Ullah, and State of Uttar Pradesh v. Madrasas. A significant part of the discussion also focuses on the Tamil Nadu Governor’s delay in assenting to state legislation, bringing to light the constitutional friction between executive discretion and legislative supremacy. Through these cases, the paper underscores the tension between parliamentary sovereignty and judicial review, and critically assesses concerns over judicial overreach.

The paper concludes by situating India’s experience within a broader comparative framework, referencing similar doctrines of constitutional limitation in countries like Germany and the United States. It argues that while the basic structure doctrine has been instrumental in safeguarding democracy and preventing authoritarianism, its continued use must be tempered with institutional restraint to maintain a balanced constitutional order.

Keywords

Basic Structure Doctrine; Judicial Review; Parliamentary Sovereignty; Governor’s Assent; Minority Educational Institutions; Constitutional Morality; Madrasas Regulation; Federalism; Rule of Law; Separation of Powers; Secularism; Kesavananda Bharati; Tamil Nadu Governor Case; Judicial Overreach; Constitutional Supremacy; NJAC Case; Educational Autonomy; Comparative Constitutional Law.

ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK

AUTHOR – ABISHIEKE R* & DR. ANUMEHA SAHAI**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – ABISHIEKE R & DR. ANUMEHA SAHAI, ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 845-852, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s criminal justice system adopts forensic science to support fairness and accuracy. This paper examines the evolving framework and ethical complexities that shape forensic evidence in India. It reviews statutes such as the Evidence Act, detailing expert-opinion provisions, and reforms under the Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik Suraksha Sanhita, and procedures in the Criminal Procedure Code and IT Act that govern the collection and admissibility of scientific and digital evidence. Ethical considerations arise around privacy gaps, sensitive DNA data protection, potential bias from contextual influences, encryption challenges, and cross-border data access in digital forensics. The study highlights infrastructural constraints, laboratory backlogs, shortages of experts, and uneven standards and proposes solutions through enhanced education, NABL accreditation, and the roles of the National Forensic Sciences University and the Directorate of Forensic Science Services. Through analysis of landmark judgments, this research outlines judicial caution and the gradual calibration of evidentiary thresholds. It also explores emerging frontiers like AI-driven analysis, rapid DNA profiling, and advanced biometrics and their ethical ramifications. The paper concludes by endorsing dedicated data-protection legislation for forensic information, an independent regulatory body to enforce uniform protocols, expanded expertise via specialized programs, and targeted public outreach to promote confidence. These measures can develop a strong, ethical, and technology-ready forensic framework that commands trust and delivers justice in India.

Keywords: Forensic Science, Criminal Justice System, Ethical Complexities, Digital Evidence, Data Protection Legislation

“MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”

AUTHOR – AKASH KUMAR ARYA* & DR. VIKRAM KARUNA**

* POST-GRADUATION RESEARCH SCHOLAR AT GAUTAM BUDDHA UNIVERSITY

** ASSISTANT PROFESSOR AT GAUTAM BUDDHA UNIVERSITY

BEST CITATION – AKASH KUMAR ARYA & DR. VIKRAM KARUNA, “MANUAL SCAVENGING: A CASE OF DENIED RIGHTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 832-844, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The profession of manual scavenging has existed since the dawn of human civilisation. In addition to being barbaric, the inhumane practice of manually removing night soil—which entails removing human waste from dry toilets using bare hands, brooms, or metal scrappers—and transporting waste and baskets to disposal sites is arguably the worst violation of human rights. Numerous laws were passed in order to guarantee an equitable and casteless society, but the scavenging communities’ living conditions have remained appalling. Ironically, the Indian government only passed legislation specifically prohibiting the cruel and degrading practice of manual scavenging in 1993 and 2013, after decades of independence. This essay discusses the origins of manual scavenging and any comparable activities that may exist worldwide. This paper’s analysis of the statutory framework is another component.

administrative plans, court rulings, and remedial actions (problems and worries). In summary, this paper aims to critically analyse the proper regime of manual scavengers in light of the state’s failure to protect the scavenging community’s rights and the role of state instruments as violators. Furthermore, this paper will propose corrective actions and forward-thinking measures to integrate the scavenger community into our nation and significantly contribute to its development.

Linking MNREGA and other social security schemes with the Scavenging Act of 2013 Effective coordination among public and private authorities Community initiatives Responsibility of railways Sanitation programmes and awareness National level monitoring system and social audit Role of local authorities Legislative and executive will.

DIGITAL ECONOMY AND TAXATION

AUTHOR – YATIN BANSAL, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – YATIN BANSAL, DIGITAL ECONOMY AND TAXATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 824-831, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid expansion of the digital economy has fundamentally altered global commerce, challenging traditional taxation frameworks that rely on physical presence and source-based taxation. Digital businesses, including multinational technology firms, operate across multiple jurisdictions without a significant physical footprint, making it difficult for tax authorities to allocate taxing rights effectively^[1]. As a result, international tax laws have struggled to adapt to new business models, leading to concerns over tax avoidance, base erosion, and profit shifting (BEPS). In response, global institutions such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations (UN) have introduced various initiatives, including the OECD’s two-pillar solution, to address the challenges of taxing the digital economy^[2].

The OECD’s two-pillar approach aims to establish new profit allocation rules and a global minimum tax rate, ensuring a more equitable distribution of tax revenues among jurisdictions. However, the implementation of digital services taxes (DSTs) by individual nations has sparked tensions, particularly between developed and developing economies, due to concerns over trade retaliation and compliance burdens^[3]. Developing countries argue that current global tax reforms disproportionately benefit wealthier nations, limiting their ability to tax digital transactions effectively. As the digital economy continues to evolve, achieving a consensus on international taxation remains a complex yet critical task for ensuring tax fairness and economic stability^[4].

---

[1] OECD “Addressing the Tax Challenges Arising from the Digitalisation of the Economy”, 2021

[2] United Nations “Taxation of the Digital Economy: Options for Developing Countries”, 2022

[3] IMF “Corporate Taxation in the Global Digital Economy”, 2020

[4] European Commission “Digital Taxation in the EU: Policy Proposals and Challenges”, 2021.

TECHNOLOGY AND HUMAN RIGHTS

AUTHOR – SIVARAMAKRISHNAN K, STUDENT AT MANIPAL UNIVERSITY

BEST CITATION – SIVARAMAKRISHNAN K, TECHNOLOGY AND HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 821-823, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The advancement of technology fulfils human desires that go beyond basic needs, serving as a significant aid to humanity. Innovations in technology have alleviated the burden of labour and have gained widespread acceptance. Throughout this evolution, social democracy has emerged as the most favourable outcome of both the Industrial Revolution and the technological revolution of artificial intelligence. The various uses of technology raise important questions about justice, particularly concerning the value, dignity, and rights of human beings. For instance, if Sophia, an artificial intelligence robot, is granted citizenship in Saudi Arabia that is equal to that of a real human, it challenges traditional concepts of work. The efficiency and accuracy of human labour are increasingly tested by artificial machines, leading to disputes over accountability in workplaces that blend human and machine efforts.

Keywords: Artificial intelligence, Jurisprudence, Accountability, Human rights.