INDIA’S ACCOUNT AGGREGATOR FRAMEWORK: LEGAL ARCHITECTURE FOR DATA PROTECTION AND CONSENT MANAGEMENT

AUTHOR – SHRUTI KESARWANI* & DR ARVIND P. BHANU**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA UTTAR PRADESH

** FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA UTTAR PRADESH

BEST CITATION – SHRUTI KESARWANI & DR ARVIND P. BHANU, THE BLACK BOX OF AI: WHO’S TO BLAME?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 906-914, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This paper examines India’s Account Aggregator (AA) framework, a novel financial data-sharing ecosystem that facilitates secure and consent-based exchange of financial information between “Financial Information Providers (FIPs)” and “Financial Information Users (FIUs)”. The research analyzes the legal and regulatory framework underpinning the AA ecosystem, with particular emphasis on data protection mechanisms, consent architecture, and security requirements. The Digital Personal Data Protection Act, 2023 (DPDP Act)^[1] has significantly strengthened the legal foundation of the AA framework by establishing robust provisions for data protection, consent management, and enforcement mechanisms. This paper investigates how the interplay of various regulations shapes the functioning of AAs as intermediaries in financial data sharing while ensuring user privacy and data security. The research concludes that while India’s AA framework represents a progressive approach to consent-based data sharing, several challenges regarding implementation standardization, technological barriers, and regulatory coordination remain to be addressed for the framework to achieve its full potential.

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[1]              The Digital Personal Data Protection Act, 2023 (Act No. 30 of 2023).

THE BLACK BOX OF AI: WHO’S TO BLAME?

AUTHOR – PREKSHA JAYASWAL* & DR. SHEFALI RAIZADA**

* STUDENT AT AMITY UNIVERSITY NOIDA

** DIRECTOR AND JOINT HEAD OF AMITY LAW SCHOOL, NOIDA

BEST CITATION – PREKSHA JAYASWAL, THE BLACK BOX OF AI: WHO’S TO BLAME?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 901-905, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Artificial Intelligence (AI), quickly embraced, or incorporated, into decision-making processes that have changed industries, also creates significant legal challenges. Most significantly, trust in AI is complicated by the “black box” nature of AI, which leads to a consternation about whether a decision is being made and how decisions are being made when everyone involved may be in the dark. This paper examines the disadvantages of non-transparency or lack of transparence of AI, and the issue of trying to assign fault, when AI systems cause injury (or breach of contract). We will look at traditional and any new theories of liability, and compare the laws concerning AI in the European Union, United States and India. The paper concludes with recommendations on the legal and policy front with the aim of bolstering accountability in the use of AI systems, and reliability of AI systems, recognizing that we are attempting to fix, or fill, critical gaps in existing legal and quasi-legal frameworks., with unique complications, showing that fault cannot easily be assigned febrile, ever-evolving machine learning models. Therefore, we must emphasis on transparency, explainability and ethical safeguards, as we argue for forward looking, legally young infrastructure and policy that reasonably encourages innovation while fostering public trust and responsibility.^[1]

Keywords: Artificial Intelligence (AI), Black Box Problem, Legal Liability, AI Accountability, AI Transparency, Machine Learning, Autonomous Systems, Fault Theories, Negligence and AI, Strict Liability, Vicarious Liability.

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[1] Binns, R. (2018). On the Importance of Transparency in AI Systems. Journal of Artificial Intelligence, 1(2), 14-29.

WHY COCA-COLA PREFERS TRADE SECRET PROTECTION OVER PATENTS: A LESSON FOR INDIAN STARTUPS

AUTHOR – MS HETAL BANSAL* & DR AVANTIKA MADHESIYA**

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

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

BEST CITATION – MS HETAL BANSAL* & DR AVANTIKA MADHESIYA, WHY COCA-COLA PREFERS TRADE SECRET PROTECTION OVER PATENTS: A LESSON FOR INDIAN STARTUPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 957-874, APIS – 3920 – 0001 & ISSN – 2583-2344

1. Abstract

Coca-Cola’s enduring market dominance is significantly attributed to its strategic use of trade secret protection for its iconic beverage formula. Unlike patents, which require public disclosure and have a finite protection period, trade secrets allow Coca-Cola to maintain indefinite exclusivity without revealing proprietary information. This approach ensures sustained competitive advantage, as the formula remains undisclosed, preventing replication by competitors^[1].

In highly competitive markets, trade secret protection offers distinct advantages over patents. Trade secrets encompass a broad range of confidential business information, including formulas, processes, and strategies, without the need for public disclosure. This form of protection is particularly beneficial when the information cannot be easily reverse-engineered and does not meet the stringent criteria for patentability. Additionally, trade secrets do not have an expiration date, allowing for prolonged competitive advantage as long as confidentiality is maintained^[2].

For Indian startups, adopting a trade secret strategy can be advantageous, especially in sectors where innovations are not easily patentable or where the costs and complexities of obtaining patents are prohibitive. However, India’s current legal framework lacks specific legislation dedicated to trade secret protection, relying instead on common law principles and contractual agreements. This absence of robust legal safeguards necessitates that startups implement stringent internal measures, such as non-disclosure agreements and comprehensive security protocols, to protect their proprietary information^[3]. This research employs a qualitative methodology, analyzing case studies and existing literature to explore the efficacy of trade secrets versus patents. Key findings indicate that while trade secrets offer indefinite protection without public disclosure, they require rigorous internal controls to maintain confidentiality. Conversely, patents provide a time-bound monopoly but necessitate full public disclosure, which can be a strategic disadvantage in certain industries. The study underscores the importance for Indian startups to carefully assess their intellectual property strategies, considering both legal protections and practical measures to safeguard their innovations.

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^[1] ‘Understanding Intellectual Property Law through Coca Cola – Zvulony & Co.’ available at:https://zvulony.ca/2010/intellectual-property-law/understanding-intellectual-property-law/  (last visited on Jan 26, 2025)

^[2] Meredith Geaghan-Breiner, ‘Patents and Trade Secrets: Complementary or Competing Modes of IP Protection? – NYU Journal of Intellectual Property & Entertainment Law’ (NYU Journal of Intellectual Property & Entertainment Law29 October 2024)  available at: https://jipel.law.nyu.edu/patents-and-trade-secrets-complementary-or-competing-modes-of-ip-protection/ (last visited on Jan 27, 2025).

^[3] ‘How Coca-Cola’s Trade Secret Built an Empire : Trade Secrets’ (Globalpatentfiling.com2024)  available at:https://www.globalpatentfiling.com/blog/Fizzy-Fortunes-How-Coca-Cola-s-Trade-Secret-Built-an-Empire. (last visited on Jan 28, 2025).

THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD

AUTHOR – MITI JAIN* & MS. SHAMBHAVI MISHRA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSITANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – MITI JAIN & ASST. PROF. PRIYANSHI GUPTA, THE EVOLUTION OF LGBTQ+ RIGHTS IN FAMILY LAW:ADOPTION, MARRIAGE AND PARENTHOOD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 883-891, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The legal and judicial struggle for LGBTQ rights embodies a relentless struggle against deep-rooted discrimination, social marginalization, and legal restrictions in various jurisdictions. Judgments like Navtej Singh Johar v. Union of India and Obergefell v. Hodges have undeniably represented crucial turning points in this movement by, respectively, decriminalizing homosexuality and legalizing same-sex marriage. Nevertheless, in spite of these wins, the path to achieving complete legal equality and protection is still victories. LGBTQ individuals persistently confront systemic challenges, such as the refusal of marriage and adoption rights, widespread employment discrimination, and lasting social stigma. The legal recognition to Lesbian, Gay, Bisexual, Transgender Queer and intersex (LGBTQI+) rights in India have been into limelight in the past few years. Nonetheless, the traces can be found in both the Mahabharata and the Bible. According to the writings of the Bible, the entire practice of unnatural sex is viewed as different and acceptable in some respects. The LGBTQI+ community continues to face numerous socio-legal challenges. The courts and the government share a collective responsibility to collaborate and align their efforts to safeguard individuals’ rights and uphold their dignity. The Transgender Persons (Protection of Rights) Act, 2019 has also failed to close the gap. This paper deals with the lacuna of the Act, the possible solutions as well as the dire need to change the infrastructure in to make the LGBTQI+ community inclusive.

KEYWORDS : LGBTQ rights, homosexuality, employment discrimination, adoption rights, social marginalization,  legal equality and protection

STRIKING THE BALANCE: REHABILITATION AND ACCOUNTABILITY FOR JUVENILE OFFENDERS IN INDIA

AUTHORS – MRUTYUNJAY SARAMANDAL* & ASST. PROF. PRIYANSHI GUPTA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY. EMAIL: MRUTYUNJAYSARAMANDAL1007AL0049@KARNAVATIUNIVERSITY.EDU.IN

** ASSISTANT PROFESSOR OF LAW AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY. EMAIL: PRIYANSHI@KARNAVATIUNIVERSITY.EDU.IN

BEST CITATION – MRUTYUNJAY SARAMANDAL & ASST. PROF. PRIYANSHI GUPTA, STRIKING THE BALANCE: REHABILITATION AND ACCOUNTABILITY FOR JUVENILE OFFENDERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 867-883, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper critically examines the dual imperatives of rehabilitation and accountability within India’s Juvenile Justice (Care and Protection of Children) Act, 2015. Employing a mixed-methods approach, combining doctrinal analysis of statutes and case law with a qualitative review of academic literature, it investigates how international norms, developmental psychology, and classical criminology inform India’s juvenile justice framework. Key findings reveal that while rehabilitation remains the foundational principle underpinned by the United Nations Convention on the Rights of the Child and the Beijing Rules, accountability mechanisms have been strengthened for juveniles aged sixteen to eighteen who commit heinous offences. However, implementation gaps persist due to inadequate infrastructure, limited trained personnel, societal stigma, and weak aftercare programs. Comparative insights from Scandinavia, the United States, Germany, and Japan demonstrate the efficacy of restorative conferencing, diversion schemes, vocational training, and family‐centred models in reducing recidivism. The paper concludes by recommending a calibrated policy mix: enhancing institutional capacity, professional training in child psychology, robust aftercare services, and clear statutory guidelines for preliminary assessments of serious offences. A balanced framework, integrating proportionate accountability with individualized rehabilitation can redirect juvenile offenders toward law‐abiding lives while safeguarding public safety and upholding children’s rights.

IMPACT OF THE “INSOLVENCY AND BANKRUPTCY CODE” ON CORPORATE GOVERNANCE PRACTICES

AUTHOR – UVIKA SINHA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – UVIKA SINHA, IMPACT OF THE “INSOLVENCY AND BANKRUPTCY CODE” ON CORPORATE GOVERNANCE PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 858-865, APIS – 3920 – 0001 & ISSN – 2583-2344

1.1 ENHANCED BOARD ACCOUNTABILITY POST-INSOLVENCY

The “Insolvency and Bankruptcy Code, 2016 (IBC)”, has had an impact on “corporate governance” as it made the board of directors in insolvency cases more accountable. Prior to the passage of the IBC, corporate governance structures did not typically provide proper board oversight in financially stressed firms, thus resulting in mismanagement and delay in dealing with financial instability. The IBC has brought a formalized process of corporate insolvency resolution, where the directors are made to adhere to fiduciary duties and ensure clear decision-making. “Section 17 of the IBC” requires that on the admission of a CIRP, the authority of the “board of directors” is suspended and control over the corporate debtor is transferred to the “resolution professional (RP)”.^[1]

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[1] Rajeshwar Rao, “Rajeshwar Rao: Strengthening the Insolvency and Bankruptcy Code (IBC) framework for effective resolution,” 2024 available at: https://www.bis.org/review/r241218g.htm (last visited March 31, 2025).

THE USE OF MICROBIOME FORENSICS: IDENTIFYING PEOPLE BY THEIR BACTERIA

AUTHOR – NARGIS ANSARI, ADVOCATE & LLM SCHOLAR AT AMITY INSTITUTE OF LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – NARGIS ANSARI, THE USE OF MICROBIOME FORENSICS: IDENTIFYING PEOPLE BY THEIR BACTERIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 851-857, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Microbiome forensics is an emerging field in forensic science that utilizes the unique microbial communities associated with individuals as a novel form of trace evidence. Unlike traditional forensic methods such as fingerprinting or DNA profiling, microbiome forensics examines the personalized “microbial fingerprint” left behind on objects and surfaces through human contact. These microbial communities, shaped by genetics, environment, diet, and lifestyle, exhibit both individuality and temporal stability, making them viable for personal identification and investigative leads. Initially propelled by bioterrorism cases such as the 2001 anthrax attacks, microbiome analysis has since expanded to a wider range of criminal and civil applications. The technique primarily relies on high-throughput DNA sequencing methods like 16S rRNA amplicon sequencing and shotgun metagenomics, followed by advanced bioinformatic analysis. This approach offers advantages over traditional methods, including greater persistence on surfaces, resilience to environmental degradation, and potential to yield contextual information about individuals. However, the field also faces significant challenges such as lack of standardized protocols, dynamic nature of the microbiome, risks of contamination, and ethical concerns regarding privacy. Future directions include integrating microbiome data with traditional forensic techniques, expanding global microbial databases, and applying machine learning to enhance identification accuracy and inference. With continued research and the development of legal and scientific standards, microbiome forensics holds significant promise in reshaping investigative practices and achieving more comprehensive and equitable justice outcomes.

Key words: Microbiome forensics, Human microbiome, Microbial fingerprint, Forensic science,  Trace evidence.

INTERSECTION OF COMPETITION REGULATION AND DATA PROTECTION

AUTHOR – UDAYVEER SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – UDAYVEER SINGH, INTERSECTION OF COMPETITION REGULATION AND DATA PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 837-850, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The emergence of the digital economy has transformed how markets function, with data becoming a pivotal asset for businesses, consumers, and regulators. Large technology firms’ unprecedented collection and use of consumer data have raised complex regulatory challenges, necessitating a cohesive framework that balances competition law with data protection. While competition law aims to ensure fair market practices and prevent monopolistic behaviour, data protection law focuses on safeguarding individuals’ rights over their data. The increasing overlap between these two legal domains, especially in cases where data accumulation creates competitive advantages, has led to regulatory uncertainty in India. This research article provides an intensive and data-rich analysis of the convergence between competition regulation and data protection in India, set against the backdrop of a dynamic digital economy, and advocates for an integrated regulatory framework that bridges the gap between competition law and data protection and how such a framework is essential not only for enhancing consumer welfare and ensuring fair market practices but also for stimulating innovation

HUMAN RIGHTS: EVOLUTION, CHALLENGES, AND THE WAY FORWARD

AUTHOR – UTKARSH SINGH YADAV* & DR. SRIJAN MISHRA**

* LL.M (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

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

BEST CITATION – UTKARSH SINGH YADAV & DR. SRIJAN MISHRA, HUMAN RIGHTS: EVOLUTION, CHALLENGES, AND THE WAY FORWARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 826-836, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The present research paper provides a comprehensive analysis of human rights, tracing their historical origins, philosophical foundations, and progressive development in international and Indian legal frameworks. Beginning with ancient civilisations and socio-religious traditions, the study highlights how the notion of human dignity has evolved into a globally recognized legal and moral standard. The paper explores the milestones such as the Universal Declaration of Human Rights (UDHR) and pivotal international treaties that have laid the foundation for the modern human rights regime.

In the Indian context, the paper critically examines the constitutional provisions, particularly Fundamental Rights under Part III, and the role of Directive Principles of State Policy in shaping a just and humane society. It also analyses the functioning of institutions such as the National Human Rights Commission (NHRC) and the proactive role of the Indian judiciary through landmark judgments in expanding the scope of human rights protection.

The paper identifies and evaluates contemporary challenges faced by human rights globally and in India, such as custodial torture, mass surveillance, restrictions on freedom of speech, and the marginalization of vulnerable communities including women, Dalits, LGBTQ+ individuals, refugees, and persons with disabilities. The rapid advancement in technology has also raised critical concerns regarding digital privacy, cyber freedoms, and state overreach.

Further, the study highlights the contribution of civil society, non-governmental organizations (NGOs), and international bodies in advocating and defending human rights. It emphasizes the need for legislative reforms, institutional strengthening, public awareness, and global cooperation to address the emerging human rights crisis.

Keywords:

Human Rights, Fundamental Rights, UDHR, Constitutional Law, NHRC, Judiciary, Marginalized Communities, Digital Rights, Civil Liberties, International Law, Civil Society, Surveillance, Human Dignity, Legal Reforms, Social Justice.

BURDEN OF PROOF IN CRIMINAL PROCEEDINGS INVOLVING INSANITY AS A DEFENCE AND DIFFERFENCE BETWEEN LEGAL & MEDICAL INSANITY

AUTHOR – AJITESH KOCHHAR, STUDENT AT AMITY LAW SCHOOL NOIDA , UTTAR PRADESH

BEST CITATION – AJITESH KOCHHAR, BURDEN OF PROOF IN CRIMINAL PROCEEDINGS INVOLVING INSANITY AS A DEFENCE AND DIFFERFENCE BETWEEN LEGAL & MEDICAL INSANITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 814-825, APIS – 3920 – 0001 & ISSN – 2583-2344

In criminal trial, the insanity as a defense is recognized since the time immemorial and has a long and fascinating history that stretches back centuries. During the ancient time, legal system recognized “mental illness” or “madness” could exempt someone from punishment. In Medieval England, the common law began evolving the idea that a person must have “Mens rea” to commit an offence and in case the same is lacking, the person should not be held criminally liable. One of the earliest cases recognizing insanity as a defense in English law was in 1724 when Edward Arnold tried to assassinate Lord Onslow and claimed insanity and this case sparked legal debate about mental insanity. Then comes the landmark case of Danial M’ Naghten[1] who attempted to assassinate British Prime Minister but instead killed his secretary. He claimed insanity and was found not guilty. This caused public uproar which results in M’ Naghten[1] Rule which became the foundation of modern insanity as a defense in many common law countries. This Rule emphasizes that if a person at the time of commission of offence is suffering from some mental defect or disease in mind and he did not know the nature and quality of act, he should not be punished.