THE ROLE OF THE IBBI IN RESOLVING FINANCIAL DISTRESS IN THE INDIAN BANKING SECTOR

AUTHOR- MAYANK SARASWAT, LLM STUDENT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – MAYANK SARASWAT, THE ROLE OF THE IBBI IN RESOLVING FINANCIAL DISTRESS IN THE INDIAN BANKING SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 338-358, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper critically examines the role of the Insolvency and Bankruptcy Board of India (IBBI) in resolving financial distress within the Indian banking sector through the effective implementation of the Insolvency and Bankruptcy Code (IBC), 2016. It highlights how the introduction of the IBC marked a paradigm shift from earlier fragmented and inefficient insolvency frameworks, offering a time-bound, creditor-driven process that addresses the challenges of mounting non-performing assets (NPAs) and sluggish debt recovery. The paper explores the regulatory, supervisory, and developmental functions of the IBBI, emphasizing its contribution to strengthening creditor rights, enhancing transparency, and fostering financial discipline among corporate borrowers. It also assesses the impact of the IBC on improving recovery rates, expediting resolution timelines, and bolstering investor confidence. Furthermore, the study identifies key challenges such as judicial delays, stakeholder conflicts, and concerns of operational creditors, while analyzing the IBBI’s ongoing efforts to refine regulations and adopt international best practices. The research underscores the significance of coordinated institutional efforts, particularly between the IBBI, RBI, SEBI, and NCLT, in ensuring the success of the insolvency resolution framework. Ultimately, the paper argues that the IBBI’s role is central to shaping a dynamic, efficient, and equitable insolvency regime that supports the stability and resilience of the Indian banking sector.

A LEGAL JUDICIAL STRUGGLE FOR LGBTQ RIGHTS VIS-A-VIS CURRENT CHALLENGES OR INJUSTICES

AUTHOR – DEEPIKA SAHU* & MS. SHAILJA KHOSLA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – DEEPIKA SAHU & MS. SHAILJA KHOSLA, A LEGAL JUDICIAL STRUGGLE FOR LGBTQ RIGHTS VIS-A-VIS CURRENT CHALLENGES OR INJUSTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 327-337, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The legal and judicial fight for LGBTQ rights has been a relentless fight against legal restriction, marginalization, and discrimination everywhere. The fight for full legal equality is still ongoing, even in light of landmark rulings like Navtej Singh Johar v. Union of India and Obergefell v. Hodges, which legalized homosexuality and same-sex marriage. LGBTQ people still have to deal with a variety of issues, such as societal stigma, job discrimination, and the denial of adoption and marriage rights.
Using international human rights texts, legislative reforms, and court rulings, this study critically examines the evolution of LGBTQ rights. It explores contemporary topics such as hate crimes, gender identity legalization, and the legal status of cultural and religious considerations. The best practices and legal protection gaps are identified through comparative analysis between India, the US, the UK, and European nations. The report ends with policy recommendations to support judicial activism, legalize same-sex marriage, offer access to healthcare that is gender affirming, and strengthen anti-discrimination laws. It suggests a rights-based strategy for LGBTQ legal reforms that upholds the dignity and substantive equality of all people, irrespective of their gender identification or sexual orientation.

KEYWORDS : LGBTQ rights, legal challenges, discrimination, decriminalization, gender identity, human rights, anti-discrimination laws, hate crimes, workplace equality, adoption rights, legal recognition, constitutional rights, policy reforms, comparative analysis, judicial activism, international law, LGBTQ protections, social stigma.

CORPORATE ENVIRONMENTAL ACCOUNTABILITY: REDEFINING LIABILITY PARADIGMS AND EXPANDING LEGAL FRONTIERS IN A CLIMATE-CONSCIOUS ERA

AUTHOR – GAURAV SIDDHARTHA* & DR. AXITA SRIVASTAVA**

* LLM BUSINESS LAW SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW

 BEST CITATION – GAURAV SIDDHARTHA & DR. AXITA SRIVASTAVA, CORPORATE ENVIRONMENTAL ACCOUNTABILITY: REDEFINING LIABILITY PARADIGMS AND EXPANDING LEGAL FRONTIERS IN A CLIMATE-CONSCIOUS ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 318-326, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In the face of escalating climate change, corporate environmental accountability has emerged as a critical legal and moral imperative, particularly in India, a nation balancing rapid industrialization with climate vulnerability. This paper examines the evolving landscape of corporate liability for climate-related harms, focusing on Indian legal frameworks and landmark cases, complemented by international precedents. It analyzes how constitutional mandates, environmental statutes, tort law, and public interest litigation (PIL) are redefining liability parameters in India. By exploring challenges such as causation, standing, enforcement, and green- washing, and proposing robust pathways for accountability, the paper underscores India’s potential to lead in expanding legal frontiers in a climate-conscious era. The analysis integrates attribution science, human rights frameworks, and mandatory due diligence, offering a comprehensive roadmap for holding corporations accountable.

Keywords: Corporate Responsibility, Environmental Accountability, Indian Legal Framework, Climate Protection etc.

A STUDY ON THE CHALLENGES IN DEFINING WORKING HOURS AND RIGHTS IN THE POST-PANDEMIC ERA

AUTHOR – RAMALINGAM.R, STUDENT AT TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – RAMALINGAM.R, A STUDY ON THE CHALLENGES IN DEFINING WORKING HOURS AND RIGHTS IN THE POST-PANDEMIC ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 311-317, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Cyber law cases often face significant delays due to a combination of factors, including the evolving nature of cybercrime, lack of expertise, jurisdictional challenges, and procedural complexities. The intersection of these issues contributes to the slow resolution of cyber law cases.One of the primary reasons for delays in cyber law cases is the rapidly evolving landscape of cybercrime. Cybercriminals constantly develop new methods and technologies to exploit vulnerabilities, making it difficult for investigators and legal professionals to keep up4. As Justice Anoop Chitkara of the Punjab & Haryana High Court noted, cybercrime is an emerging field, and investigators often lack the necessary skills and educational qualifications to tackle these crimes effectively. This deficiency leads to longer investigation times, as investigators need more time to understand the technologies and methods used by cybercriminals. Jurisdictional issues further complicate cyber law cases. Cybercrime often transcends geographical boundaries, making it challenging to determine which jurisdiction has the authority to investigate and prosecute the offenders4. As noted in “Emerging Issues of Cyber Space,” cybercrime is easy to commit but extremely difficult to trace in terms of jurisdiction, considering the geographical indeterminacy of the internet. The problem of territorial sovereignty is a significant one that the IT Act of 2000 does not adequately resolve, leading to investigators sometimes abandoning cases based on jurisdictional concerns

UNFAIR LABOUR PRACTICES AND VICTIMIZATION

AUTHOR – MITHULA .S, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MITHULA .S, UNFAIR LABOUR PRACTICES AND VICTIMIZATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 302-310, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

Unfair labour practice is defined, and the practices which are considered as an unfair labour practice were mentioned in the Industrial disputes act 1982. Unfair labour practices is one of the main objectives of the Industrial disputes act. The acts that are done by the labor practice are mostly on the part of the employer and the trade union, which may lead to the violation of rights and protection guaranteed by the labor laws. If any of the employers, the trade union, or the workers engage in unfair labour practices, then they will be liable under the Industrial Disputes Act of 1982, which contains provisions for punishment and the prohibition of unfair labor practices. Unfair labour practice will depend on the specific facts, circumstances and the ruling of the court State legislation also enforces an act to prevent unfair labor practices.

GENDER-NEUTRAL DOMESTIC VIOLENCE LAWS: PROTECTING ALL VICTIMS

AUTHOR – NAGESWARI R* & RISHIBA**

* ASSISTANT PROFESSOR (VISTAS), PV VAITHIYALINGAM RD, VELAN NAGAR, KRISHNAPURAM, PALLAVARAM, CHENNAI, TAMIL NADU 600117,

** STUDENT, (VISTAS), PV VAITHIYALINGAM RD, VELAN NAGAR, KRISHNAPURAM, PALLAVARAM,

CHENNAI, TAMIL NADU 600117,

BEST CITATION – NAGESWARI R & RISHIBA, GENDER-NEUTRAL DOMESTIC VIOLENCE LAWS: PROTECTING ALL VICTIMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 290-301, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Domestic violence is a pervasive issue that transcends gender, affecting individuals regardless of their identity. Traditional legal frameworks, however, have predominantly focused on female victims, often overlooking the experiences of male and LGBTQ+ survivors. This article examines the necessity of gender-neutral domestic violence laws, highlighting the historical evolution of gendered legal protections and the urgent need for inclusivity in legal frameworks.

The challenges faced by non-female victims, including underreporting, legal disadvantages, and societal stigma, are explored, emphasizing the importance of equitable recognition under the law. A comparative analysis of countries with gender-neutral domestic violence statutes demonstrates the benefits of inclusive legal protections, offering insights into best practices. Additionally, real-life case studies illustrate the impact of gender biases in judicial proceedings and the transformative potential of unbiased laws.

The role of law enforcement and the judiciary is critically examined, focusing on the need for training and sensitization programs to ensure impartial investigations and fair trials. The article concludes by proposing policy reforms and legal amendments aimed at fostering a truly inclusive justice system. By advocating for a gender-neutral approach, this article underscores the imperative of legal frameworks that protect all victims, ensuring justice is not contingent upon gender but on the principle of equal protection under the law.

Keywords: Gender neutral bias, Domestic abuse, legal reforms, victim support system, gender stereotypes.

EVOLUTION AND THEORETICAL FRAMEWORK OF INSOLVENCY RESOLUTION PROCESS IN INDIA AND THE UK

AUTHOR – RITIKA KUMARI, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – RITIKA KUMARI, EVOLUTION AND THEORETICAL FRAMEWORK OF INSOLVENCY RESOLUTION PROCESS IN INDIA AND THE UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 279-289, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The insolvency resolution processes in India and the UK reflect distinct legal frameworks shaped by their respective economic and judicial systems. This comparative study analyzes the key features, efficiencies, and challenges of insolvency mechanisms under India’s Insolvency and Bankruptcy Code, 2016 (IBC) and the UK’s Insolvency Act, 1986 (including subsequent reforms). While both jurisdictions prioritize creditor rights and business continuity, their approaches differ in structure, timelines, and stakeholder participation.

India’s IBC introduces a time-bound resolution process (180-330 days) administered by the Insolvency and Bankruptcy Board of India (IBBI), emphasizing the primacy of Committee of Creditors (CoC) and the exclusion of erstwhile management during proceedings. The UK’s regime offers multiple procedures—Administration, Company Voluntary Arrangements (CVAs), and Liquidation—with greater flexibility for debtor-in-possession models (e.g., pre-pack administrations). Judicial oversight is more decentralized in the UK, with courts playing a limited role compared to India’s National Company Law Tribunal (NCLT)-driven process.

Keywords: Insolvency Resolution, IBC, Creditor Rights, Cross-Border Insolvency

GENDER JUSTICE OR LEGAL COMPROMISE? MEDIATION IN 498A AND THE FEMINIST LEGAL PERSPECTIVE

AUTHOR – MR ARJUN ANAND* & MS SNEHA TIWARI**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – MR ARJUN ANAND & MS SNEHA TIWARI, GENDER JUSTICE OR LEGAL COMPROMISE? MEDIATION IN 498A AND THE FEMINIST LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 263-278, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Section 498A of the Indian Penal Code (IPC), introduced in 1983, was legislated to safeguard married women from cruelty inflicted by husbands or in-laws, particularly relating to dowry demands. Over the years, however, multiple judicial observations and public discourse have raised concerns about its misuse. The Supreme Court of India has remarked that the provision has sometimes been employed to settle personal scores, thereby resulting in undue harassment of the accused families^[1].

In light of these challenges and to alleviate the burden on the criminal justice system, mediation has increasingly been adopted as an Alternative Dispute Resolution (ADR) mechanism even in non-compoundable matrimonial offenses. Courts have progressively referred Section 498A disputes to mediation centres, especially in metropolitan areas, with the aim of fostering amicable settlements^[2].

This increasing reliance on mediation has sparked debates within legal and academic circles. On one hand, it is seen as a reconciliatory mechanism that can preserve familial harmony and reduce prolonged litigation^[3]. On the other, critics warn that encouraging mediation in cases of domestic violence may result in the dilution of justice, as victims may be pressured into settlements that do not adequately address the harm suffered^[4].

Feminist legal scholarship adds a deeper dimension to this discourse. While some theorists argue that mediation can empower women by allowing them to negotiate terms directly^[5], others maintain that it risks silencing victims due to unequal power dynamics and societal coercion^[6]. This study adopts a qualitative research methodology involving analysis of case law, government reports, and peer-reviewed journal articles. The findings suggest that while mediation holds reconciliatory value, robust safeguards and legal oversight are essential to ensure that justice is not compromised for vulnerable women.

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^[1]  Supreme Court of India, Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443.

^[2] National Legal Services Authority (NALSA), “Mediation: A Better Approach to Matrimonial Disputes” (2021) https://nalsa.gov.in/ accessed 8 April 2025.

^[3] Law Commission of India, Report No. 243, ‘Section 498A IPC’ (2012) https://lawcommissionofindia.nic.in/ accessed 8 April 2025.

^[4] Ghosh, Shibani, “Judicial Attitudes Towards Mediation in Domestic Violence Cases in India” (2017) Indian Law Review https://www.tandfonline.com/ accessed 8 April 2025.

^[5] Menon, Nivedita, “Recovering Subversion: Feminist Politics Beyond the Law” (Permanent Black, 2004)

^[6]  Kishwar, Madhu, “Domestic Violence Bill: A Flawed Attempt at Social Reform” (2005) Manushi: A Journal About Women and Society https://manushi.in/ accessed 8 April 2025.

“INSIDER TRADING IN THE AGE OF SOCIAL MEDIA: A LEGAL AND ETHICAL ANALYSIS OF THE WHATSAPP LEAK AND GAMESTOP CASES”

AUTHOR – SRISHTI MITTAL, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – SRISHTI MITTAL, “INSIDER TRADING IN THE AGE OF SOCIAL MEDIA: A LEGAL AND ETHICAL ANALYSIS OF THE WHATSAPP LEAK AND GAMESTOP CASES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 249-262, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the digital age, social media has emerged as a powerful force influencing financial markets, challenging traditional definitions and enforcement of insider trading laws. This paper critically examines the intersection of social media and insider trading through the lens of two high-profile cases: the WhatsApp Leak case in India and the GameStop short squeeze in the United States. By analysing the legal frameworks governing insider trading in both jurisdictions, the study explores how platforms like WhatsApp and Reddit have been used to disseminate market-sensitive information or mobilize retail investors, often resulting in dramatic price movements and regulatory scrutiny. The research further delves into the evidentiary challenges posed by encrypted digital communication, the ethical implications of viral misinformation, and the constitutional dilemmas surrounding privacy and freedom of expression. Through a comparative legal analysis, this paper identifies regulatory gaps and enforcement limitations in the current system and proposes policy recommendations to address the evolving nature of financial misconduct in the social media era. Ultimately, the paper argues for a nuanced and technologically informed legal response that balances innovation with market integrity and investor protection.

RIGHTS TO GET UNADULTERATED FOOD LEGAL FRAMEWORK IN INDIA

AUTHOR – OJASVEER MANN, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – OJASVEER MANN, RIGHTS TO GET UNADULTERATED FOOD LEGAL FRAMEWORK IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 234-248, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The right to unadulterated food is an essential component of the right to life under Article 21 of the Indian Constitution, reflecting the increasing significance of food safety in public health jurisprudence. This dissertation critically examines the legal framework surrounding the right to safe and unadulterated food in India, focusing on constitutional provisions, statutory enactments such as the Food Safety and Standards Act, 2006, and the role of judicial interpretation in enforcing consumer protection. The study highlights the growing concern over food adulteration and its multifaceted legal, health, and ethical implications. Through doctrinal analysis, it evaluates the effectiveness of regulatory bodies such as the Food Safety and Standards Authority of India (FSSAI), and assesses the impact of enforcement mechanisms and penalties prescribed under Indian food laws. Comparative insights and case laws further underscore the gaps between legal provisions and their implementation. The research concludes with recommendations to strengthen the regulatory landscape and enhance consumer awareness to realize the right to unadulterated food as a fundamental human right.

Keywords: Right to Unadulterated Food; Article 21; Food Safety and Standards Act, 2006; FSSAI; Consumer Protection; Public Health; Constitutional Rights; Food Adulteration; Legal Framework; Judicial Interpretation; Regulatory Mechanism; Penal Provisions; Right to Life; Food Safety Regulations; Human Rights.