INDIA’S STRUGGLE TO MAKE MARITAL RAPE A CRIMINAL OFFENSE

AUTHOR – SOUMYA PATNAIK & TITHI NASKAR

STUDENTS AT BIRLA GLOBAL UNIVERSITY

 BEST CITATION – SOUMYA PATNAIK & TITHI NASKAR, INDIA’S STRUGGLE TO MAKE MARITAL RAPE A CRIMINAL OFFENSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 228-233, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape is when there is any sexual activity between two spouses and one of them does not give consent, one partner is having sexual intercourse with the other without his/her consent or will, through threats, manipulation. Traditionally, the concept of marriage itself is so patriarchal that it gives a man complete independence to have sexual intercourse with his wife whenever he wants without taking the wife’s consent, basically the concept of marriage associates with the idea of sexual entitlement. These type of abuse or violence raises questions about the basic human rights of the victim and also affects the mental and physical health of the victim. Sexual abuse within a marriage has been historically normalized and overlooked, and therefore sexual access is presumed as the right of the husband, this outdated thinking is contributing a lot towards the invisibility of marital rape in the country and the victims are suffering torture due to shame and fear of not getting any legal protection. The concept of marital rape challenges the special right or privileges a man enjoys. Historically, it protects or shields husband after raping his wife, there are mental effects of marital rape which often gets ignored because of no physical evidence of it. The mental trauma, depression, anxiety, feeling of being betrayed, not feeling safe in one’s own house affects an individual badly.

KEYWORDS

 marital rape, consent, spouses, sexual intercourse, abuse, violence, human rights, betrayal, safety, shame, trauma, legal protection, normalization, threats, manipulation, sexual entitlement, invisibility, outdated thinking, mental health.

CHALLENGES AND EMERGING TRENDS IN AML REGULATIONS

AUTHOR – HIMANSHI THAKUR, LLM(CB&IL) STUDENT, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – HIMANSHI THAKUR, CHALLENGES AND EMERGING TRENDS IN AML REGULATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 214-219, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study compares the United States and India to examine how anti-money laundering laws are changing with the swift expansion of financial technology.  Globally, innovations like decentralized finance (DeFi), fintech platforms, and cryptocurrency are changing the economic environment, but they also increase the possibility of illegal financial behavior.  The study looks at how both nations have responded to these issues: the US updated the Bank Secrecy Act (BSA) and put the Anti-Money Laundering Act 2020 (AMLA 2020) into effect, while India expanded the Prevention of Money Laundering Act (PMLA) and introduced a central bank digital currency (CBDC).

In addition, the paper also indicates more and more how AML compliance is a strong complement of technologies, such as artificial intelligence and blockchain. Instead it busies itself understanding the special problems dealt by the non-banking financial companies (NBFC) and also the fintech companies, the e commerce industry etc. It also urges better horizontal and cross border cooperation for enforcement and the protection of whistleblowers. The gist of the underlying study concludes that in the epoch of the digitization, the emerging regulatory regime would comprise the risk based, flexible, and coordinated internationally, this state of the play if at all allocates the tradeoff between development of financial innovation and building confidence

THE STRATEGIC ROLE OF INTELLECTUAL PROPERTY RIGHTS IN SECURING COMPETITIVE ADVANTAGE

AUTHOR – SUJITH SURIYA V R* & DR BHAVNA BATRA**

* STUDENT AT AMITY UNIVERSITY, UTTAR PRADESH

** ASSISTANT PROFESSOR IN AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – SUJITH SURIYA V R & DR BHAVNA BATRA, THE STRATEGIC ROLE OF INTELLECTUAL PROPERTY RIGHTS IN SECURING COMPETITIVE ADVANTAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 220-227, APIS – 3920 – 0001 & ISSN – 2583-2344.

Intellectual Property Rights (IPR) play a crucial role in enhancing corporate competitive advantage by safeguarding innovations and creations that distinguish a business from its competitors. By securing exclusive rights over patents, trademarks, copyrights, and trade secrets, companies can protect their intellectual assets, thereby reducing the risk of imitation and ensuring a unique position in the market. This legal protection not only encourages innovation but also creates a valuable portfolio of intangible assets that can be monetized, either through licensing, partnerships, or direct sales. Moreover, IPR facilitates brand recognition and consumer trust. Trademarks and copyrights provide legal protection for a company’s brand identity, allowing businesses to establish strong market presence and loyalty. By ensuring that their distinctive creations are legally protected, companies can invest in their intellectual capital without the fear of infringement, making it a vital component in long-term business strategy. The strategic use of IPR can also foster international expansion, as companies can secure their intellectual property in global markets, thereby ensuring their competitive edge on a worldwide scale. In addition, IPR contributes to the company’s ability to attract investors, as a strong intellectual property portfolio is often seen as a sign of innovation and future profitability. By aligning their IPR strategies with corporate goals, businesses can gain leverage in negotiations, securing favorable terms and strengthening their market position. Ultimately, the effective management of IPR not only protects business innovations but also creates opportunities for growth, differentiation, and sustained competitive advantage in the ever-evolving marketplace.

Keywords: Intellectual Property Rights, Competitive Advantage, Innovation, Trademarks, Patents, Corporate Strategy, Market Differentiation.

SAFEGUARDING WORKERS IN THE GREEN TRANSITION : LABOUR PROTECTION AND SKILL DEVELOPMENT FOR A SUSTAINABLE FUTURE

AUTHOR – NEELAKANDAN M, STUDENT AT SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – NEELAKANDAN M, SAFEGUARDING WORKERS IN THE GREEN TRANSITION : LABOUR PROTECTION AND SKILL DEVELOPMENT FOR A SUSTAINABLE FUTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 206-213, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

Rising global temperature and increase in extreme weather conditions have been pushing climate change to the forefront. It has become a policy of debate throughout the world today. The COVID 19 pandemic pressured us with enormous challenges but at the same time it also provided us with an opportunity to build back the economy and society into a much more strong and resilient one. Many countries around the world have taken strong steps to make this recovery not only rich in job and employment generation but also green. Many governments have been taking initiatives and bringing in strong measures to reduce GreenHouse Gas Emission and have made commitments to attain Net Zero Emission by 2050^[1].

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^[1] OECD, Labour and Social Policies for the Green Transition: A Conceptual Framework (2023), available at

transitionbfeac5cb/028ffbeb-en.pdf

GENERATIVE AI AND FAIR DEALING UNDER INDIAN COPYRIGHT LAW

AUTHOR – TARUN KUMAR SINGH JAYANT* & MS. ARADHANA YADAV**

*, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW CAMPUS

BEST CITATION – TARUN KUMAR SINGH JAYANT & MS. ARADHANA YADAV, GENERATIVE AI AND FAIR DEALING UNDER INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 196-205, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores whether the use of copyrighted content for training generative AI models qualifies as “fair dealing” under Indian copyright law. While the Indian Copyright Act lacks explicit provisions addressing AI-generated content, this research will assess how traditional fair dealing exceptions can be interpreted in light of transformative use, purpose of use (research, private use, etc.), and potential market harm. It will also compare Indian law with evolving global standards (like the U.S. fair use doctrine) to identify gaps, challenges, and policy needs. The purpose of the paper is to add to the conversation about how Indian IP law ought to change in the age of artificial intelligence.

Keywords: Copyright, Artificial Intelligence, Fair Use, Fair Dealing.

ROLE OF COMPETITION COMMISSION OF INDIA IN REGULATION OF COMBINATIONS: AN ANALYTICAL STUDY

AUTHOR – HARSHITA* & DR. ARVIND P. BHANU**

* STUDENT AT AMITY LAW SCHOOL, NOIDA       

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – HARSHITA & DR. ARVIND P. BHANU, ROLE OF COMPETITION COMMISSION OF INDIA IN REGULATION OF COMBINATIONS: AN ANALYTICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 189-195, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The regulation of combinations—comprising mergers, acquisitions, and amalgamations—is a critical aspect of modern competition law, aimed at preserving fair market structures and preventing undue concentration of economic power. In India, the Competition Commission of India (CCI) is the statutory authority entrusted with scrutinizing such combinations under the Competition Act, 2002. This research paper provides an analytical study of the CCI’s role in regulating combinations, focusing on the legal framework, regulatory procedures, and practical implementation. It explores the statutory provisions under Sections 5 and 6, the concept and application of the De Minimis exemption, and the procedural framework established under the Combination Regulations, 2011. The study also evaluates key decisions and orders passed by the CCI in notable cases, identifying emerging patterns in merger review and their implications on market dynamics. A critical analysis highlights both the strengths and challenges of the current regulatory regime, particularly in balancing the goals of promoting business growth and safeguarding competition. The paper concludes with recommendations to enhance the effectiveness of the combination review process in light of evolving market complexities and global best practices.

Key words: Anti-Competitive Practices, Combinations, Competition Commission of India (CCI), Appreciable Adverse Effect on Competition (AAEC), Relevant Market

COMPARATIVE ANALYSIS OF INSURANCE REGULATION BETWEEN INDIA AND THE UNITED STATES

AUTHOR – MAYANK SINGH, STUDENT OF LAW AT AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

BEST CITATION – MAYANK SINGH, COMPARATIVE ANALYSIS OF INSURANCE REGULATION BETWEEN INDIA AND THE UNITED STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 181-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In this paper, a whole comparison of India and the United States insurance regulations will be analyzed to understand their centralized and decentralized system of governance. An example is that in India, the type of insurance regulation is dominated and exercised by the Insurance Regulatory and Development Authority of India (IRDAI) among other things, acting as a single national regulator, wherein all the rules and enforcement apply uniformly throughout the jurisdiction of the country. From licensing to solvency requirements to consumer protection and market conduct, common application is guaranteed.

One among centralization models of the IRDAI promotes regulatory clarity and national oversight for swift implementation of policy reforms, such as technology innovation and digital policies, but also raises challenges, such as bureaucratic rigidity and regional limitation. In the US, the whole scenario is different as the country works on a decentralized insurance regulation model. Each state has its own independent insurance market run through separate Departments of Insurance and coordinated along with National Association of Insurance Commissioners NAIC.

The NAIC would prepare model laws and best practices for insurance but with different state regulations; thus, fragmentation in regulation happens. Internal flexibility and innovation, along with responsiveness to local needs, make this decentralized approach good. Still, it can be detrimental to the consumer in inconsistencies in consumer rights and solvency standards among states, as well as product offerings. The research looks at structural, functional, and operational dimensions of both IRDAI and NAIC with respect to how well-they perform in terms of market stability, consumer protection, and risk management.

The paper also goes on to compare those consumer protection measures, grievance redressal systems, digital platforms, and legal guardrails existing in both nations. The study, therefore, highlights the positives and negatives of each model. While the Indian system enables a common practice and control, the decentralized American model allows for better adaptability and competition. Such a comparison serves as a learning opportunity for policy reform, recommending a balanced model with national standards combined with regional favourable flexibility in building a better insurance regulatory system and confidence among consumers.

A STUDY ON EMPLOYEES’ PROVIDENT FUND AND ITS ROLE IN SECURING EMPLOYEES’ FUTURE IN INDIA

AUTHOR – PRABANJALI S.P, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – PRABANJALI S.P, A STUDY ON EMPLOYEES’ PROVIDENT FUND AND ITS ROLE IN SECURING EMPLOYEES’ FUTURE IN INDIA DELAYS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 173-180, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Employees’ Provident Fund (EPF) is a pivotal social security scheme in India, aimed at promoting savings among employees for their post-retirement life. Managed by the Employees’ Provident Fund Organization (EPFO), the EPF scheme plays a significant role in ensuring financial stability and social welfare. This paper examines the legal framework, practical implementation, judicial interpretations, and challenges of the EPF system in India. Through this study, the aim is to analyze the adequacy, accessibility, and effectiveness of the EPF in safeguarding employees’ economic future, while also identifying gaps in policy and implementation. Recommendations for strengthening the framework are also proposed.

Keywords – Employees’ Provident Fund, EPFO, Social Security, Retirement Benefits, Labor Law, Employee Welfare, Indian Constitution, Financial Security

IMPACT OF BHARATIYA NAGARIK SURAKSHA SANHITA ON UNDERTRAIL PRISONERS: WILL IT REDUCE JUDICIAL DELAYS?

AUTHOR – ANSHU SINGH AT STUDENT GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA (U.P)

BEST CITATION – ANSHU SINGH, IMPACT OF BHARATIYA NAGARIK SURAKSHA SANHITA ON UNDERTRAIL PRISONERS: WILL IT REDUCE JUDICIAL DELAYS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 167-172, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Indian criminal justice system has long been criticized for its inefficient and protracted delays which disproportionately affect undertrail prisoners. According to NCRB 2022 figures, 75% of the prisoner’s population comprises of undertrail prisoners. Article 21 of the constitution which safeguards the rights to life and personal freedoms is violated by the fact that these individuals are regularly imprisoned for years without being proved guilty. The Bharatiya Nagarik suraksha sanhita (BNSS),2023, aims to solve these systemic problems by enacting procedural reforms including time-bound investigations, default bail arrangements, adjournment constraints and technological integration in judicial processes.

This article critically investigates whether these reforms can lessen judicial delays and the crisis that undertrail inmates face. Although BNSS brings about some encouraging reforms, it mostly ignores systemic issues like judicial vacancies underfunded legal aid programs, overcrowding in prisons, and a lack of strong institutional accountability. Additionally the law loses the chances to institutionalize fair access to justice and does not codify progressive bail jurisprudence.

This article highlights the significance of enforceable custody limits, effective prosecutorial oversight, strong public defender frameworks in preventing arbitrary detention and accelerating justice, drawing on comparative insights from the US and UK. These global models demonstrate how undertrail populations can benefit from significant outcomes when procedural innovations are combined with structural and institutional reforms. The article concludes by making that BNSS represents a substantial procedural change, full implementation, institutional strengthening and addiction to judicial reform are necessary to achieve its full potential.

Keywords: Bharatiya Nagarik Suraksha Sanhita (BNSS), undertrail prisoners, criminal justice reform, judicial delay, right to speedy trial, bail provisions, default bail, legal aid in India, plea bargaining, summary trials, prison overcrowding, judicial infrastructure, Section 193 BNSS, Section 187 BNSS, technological integration in trials, video conferencing in courts, Speedy Trial Act (USA), Prosecution of Offences Act (UK), human rights, institutional accountability, comparative criminal justice.

CHILD CUSTODY DECISIONS IN THE SHADOW OF DOMESTIC VIOLENCE IN INDIA

AUTHOR – JAYANTIKA THAKUR, ADVOCATE & LLM SCHOLAR AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – JAYANTIKA THAKUR, CHILD CUSTODY DECISIONS IN THE SHADOW OF DOMESTIC VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 157-166, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the complex dynamics of child custody decisions in India, particularly concerning domestic violence. It highlights the significant effects that domestic abuse—whether witnessed or experienced by children—can have on their emotional and psychological development, often resulting in long-lasting consequences. The Indian legal framework, through laws such as the Guardians and Wards Act, the Hindu Minority and Guardianship Act, the Protection of Women from Domestic Violence Act etc. which seeks to prioritize the “best interests of the child.” However, obstacles such as systemic flaws, patriarchal influences, outdated legislation, and inconsistent judicial practices often hinder its effective implementation. The article further examines the nuanced effects of domestic violence on children, the evolution of custody laws, and the commitment to prioritizing the child’s best interests, advocating for reforms that are trauma-informed and child-centered. It concludes with recommendations for strengthening legal protections and ensuring comprehensive safety for children involved in custody disputes arising from domestic violence.