LEGAL FRAMEWORK GOVERNING AI AND DATA PROTECTION

AUTHOR – ANSA ELCY ALEX, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – ANSA ELCY ALEX, LEGAL FRAMEWORK GOVERNING AI AND DATA PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 598-604, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Digital Personal Data Protection Act (DPDP Act): A New Era for DataProtection in India
The DPDP Act (Digital Personality Personal Data Protection), 2023,represents an important step in regulating data protection in the country.The aim is to protect individual personal data and at the same time,ensuring that advances in businesses and technological developments,including artificial intelligence (AI), can thrive responsibly. In contrast tothe European Union’

General Data Protection Ordinance (GDPR), whichincludes detailed guidelines for AIrelated data processing, the DPDP Actis not explicitly mentioned. However,  principles and obligations apply toAIcontrolled data processing, which presents important legal andregulatory challenges.In 2022, the Indian government introduced the Digital Personal DataProtection Act (DPDP Act), a comprehensive law to protect the personaldata of Indian citizens. The law is a major change in India’s approach todata protection, highlighting the need for transparency, accountabilityand user consent^[1]The DPDP Act determines several important provisions that must becompliant with the organization that processes personal data. TheseincludeMemos and Approvals: Organizations must clearly and accurately notifyyou of a clear and accurate notice of the collection and use of personaldata and obtain consent before processing such data.^[2]
 Minimizing Data: Organizations simply collect and process  personal datanecessary for the purposes specified in the communication.^[3]– Data Protection according to Draft and Standard Settings:Organizations must implement data protection principles and protectionmeasures throughout the  lifecycle of their personal data and ensure thatthe standard settings for products and services are privacy.^[4]

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[1] Digital personal data protection act , 2022 (india )

[2] Digital personal data protection act , 2022 (india )section 5

[3] Digital personal data protection act , 2022 (india )section 6

[4] Digital personal data protection act , 2022 (india )section 7

IMPACT OF MATERNITY BENEFITS ON WOMEN WORKFORCE

AUTHOR – AVANTIKA S, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – AVANTIKA S, IMPACT OF MATERNITY BENEFITS ON WOMEN WORKFORCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 589-597, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Maternity Benefit Act, 1961 is an Act to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits.^[1] This Act aims to protect the health and employment of women during pregnancy and after childbirth. One such crucial step towards betterment of working pregnant women and new mothers was the 2017 amendment to the Maternity Benefits Act, 1961.Introduction of this Act aimed at strengthening and modernizing the existing law in response to changing societal and workforce dynamics. With more women joining formal employment and increasing awareness of maternal and child health, the original provisions were seen as insufficient. This paper analyses the impact of The Maternity Benefit Act, 1961 (Amendment in 2017) on the women workforce and points out the positive and negative outcomes of these legal benefits ensured to the working pregnant women and new mothers.

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[1] Maternity Benefit Act, 1961, No. 53 of 1961, § Preamble, India Code (1961)

ANTI COMPETITIVE CONCERNS IN MERGERS AND ACQUISITION

AUTHOR – SMRITI PRIYA* & DR. KRITIKA NAGPAL**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

**ASSISTANT PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SMRITI PRIYA & DR. KRITIKA NAGPAL, ANTI COMPETITIVE CONCERNS IN MERGERS AND ACQUISITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 578-588, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Mergers and acquisitions (M&A) are at the heart of a firm’s expansion and development in the market, but are accompanied by the main risks of anti-competitive behavior that can erode consumer well-being and market efficiency. This article addresses the interconnection between competitive legislation and corporate governance in the regulation and prevention of such anti-competitive mergers and acquisitions transactions. This discusses the regulatory regimes governing the mergers and acquisitions activities of the key jurisdictions, that is India, the United States, the European Union and the United Kingdom, with reference to the Competition Authorities including the Competition Commission of India (CCI), the Federal Trade Commission (FTC) and the European Commission (EC) in their role of regulating mergers. Drawing on comparative analysis of past cases, this article concludes the effectiveness of current rules and governance practices in preventing anti-competitive conduct. The study pinpoints significant regulatory loopholes and enforcement issues, and offers suggestions to enhance corporate governance standards and anti-trust application procedures. The present research adds to a broader argument regarding balancing corporation interests with market competition, ensuring that the policy of merger and acquisition enhances economic growth and innovation without compromising on competition.

Keywords:  Anti Competitive Practices, Mergers and Acquisition, Corporate Governance.

COMPARATIVE STUDY OF PREVENTIVE DETENTION AND HUMAN RIGHTS IN INDIA AND UNITED KINGDOM

AUTHOR – ARPIT KUMAR YADAV* & DR. JYOTI YADAV**

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

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

BEST CITATION – ARPIT KUMAR YADAV & DR. JYOTI YADAV, COMPARATIVE STUDY OF PREVENTIVE DETENTION AND HUMAN RIGHTS IN INDIA AND UNITED KINGDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 704-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT –

This research paper critically examines the legal frameworks governing preventive detention in India and the United Kingdom, focusing on the complex interplay between national security concerns and the protection of fundamental human rights. In both countries, preventive detention laws have evolved in response to threats like terrorism and political unrest. However, their implementation raises significant concerns regarding individual liberties, primarily the right to personal freedom, fair trial, and access to justice.

In India, preventive detention is governed by constitutional provisions, particularly Article 22, and is further reinforced by legislation such as the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA). Despite the existence of safeguards like Advisory Boards, the Indian legal framework often faces criticism for misuse in politically motivated cases and lack of transparency.

Similarly, the United Kingdom’s preventive detention laws, influenced by counter-terrorism measures, have raised critical human rights issues, especially related to indefinite detention without trial under the Terrorism Act (2000). The country’s compliance with the European Convention on Human Rights has been challenged, particularly regarding the right to liberty and security.

This paper provides a comparative analysis of both legal systems, evaluating the strengths and weaknesses of their preventive detention laws and suggesting reforms to better protect human rights while addressing national security concerns.

Keywords: Preventive Detention, National Security, Human Rights, India, United Kingdom, Constitutional Provisions, National Security Act (NSA), Unlawful Activities (Prevention) Act (UAPA), Terrorism Act (2000), European Convention on Human Rights, Right to Liberty, Fair Trial, Political Unrest, Counter-Terrorism, Judicial Review, Safeguards, Legal Framework, Fundamental Rights, Indefinite Detention, Human Rights Violations.

HUMAN TRAFFICKING: A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK AND CHALLENGES IN INDIA

AUTHOR – AMAN VISHWAKARMA* & DR. MUDRA SINGH**

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

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

BEST CITATION – AMAN VISHWAKARMA & DR. MUDRA SINGH, HUMAN TRAFFICKING: A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK AND CHALLENGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 685-695, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Human trafficking is one of the gravest human rights violations in the modern world, often referred to as a form of modern-day slavery. It involves the illegal trade and exploitation of people for purposes such as sexual exploitation, forced labor, organ trafficking, child begging, and domestic servitude. Affecting millions globally, it cuts across geographic and socio-economic boundaries, particularly targeting women, children, and marginalized groups.

Despite global and national legal frameworks, including the Palermo Protocol and various Indian legislations like the Immoral Traffic (Prevention) Act, 1956 and IPC Section 370, trafficking continues to thrive. The problem in India is both internal and cross-border, exacerbated by poverty, illiteracy, unemployment, gender-based discrimination, and weak law enforcement.

This paper critically analyzes the root causes, patterns, and impacts of human trafficking, with a specific focus on India. It highlights gaps in the current legal and institutional response and emphasizes the need for better enforcement, victim rehabilitation, and international cooperation. The study concludes by advocating for a victim-centric and multi-pronged approach that integrates legal, social, and policy reforms to combat human trafficking effectively.

Keywords – Human Trafficking, Modern Slavery, Forced Labour, Sexual Exploitation, Child Trafficking, Organ Trade, Indian Penal Code, Palermo Protocol, Rehabilitation, Victim Rights, Gender-based Violence, Cross-border Crime, Anti-trafficking Law, Law Enforcement, Human Rights Violation, Socio-economic Disparity.

AUTHOR – AMAN GUPTA* & DR MUDRA SINGH**

* LLM (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL, LUCKNOW

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, LUCKNOW

BEST CITATION – AMAN GUPTA & DR MUDRA SINGH, MISCARRIAGE IN CUSTODY: STATE LIABILITY FOR NEGLIGENCE AND ABUSE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 572-577, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The issue of miscarriages of justice in custodial settings represents a grave violation of individual rights and an area of ongoing concern within legal systems globally. This paper examines the state’s liability for negligence and abuse in custodial settings, with a particular focus on India. Custodial negligence and abuse, whether perpetrated by state officials or arising from systemic failures, have resulted in numerous human rights violations. This paper seeks to address the scope of state responsibility in such cases and examines whether existing legal frameworks are effective in protecting detainees’ rights and holding the state accountable for breaches of duty. By analyzing landmark judgments, statutory provisions, and international law, the study explores how the state should be held liable for harm inflicted on detainees in custody. The research further considers the gaps in legal and institutional mechanisms that fail to prevent such abuses, proposing reforms aimed at enhancing detainee protections. The paper highlights key Indian judgments that reflect the legal landscape surrounding custodial abuse and negligence in India and globally. Ultimately, the aim is to contribute to a deeper understanding of the state’s role in safeguarding the rights of individuals deprived of liberty and the remedies available to victims of custodial abuse.

Keywords: Miscarriage of justice, Custodial negligence, State liability, Abuse in custody, Indian judicial precedents, Legal reforms, Detainee rights, Human rights law, India, Judicial accountability.

“THE ROLE OF FORENSIC SCIENCE IN CRIMINAL JUSTICE SYSTEM OF INDIA: A CRITICAL ANALYSIS”

AUTHOR – VIDIT RASTOGI* & DR. PRASHANT KUMAR VARUN**

* 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 – VIDIT RASTOGI & DR. PRASHANT KUMAR VARUN, THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S. INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 559-570, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Forensic science has emerged as a pivotal element in the effective functioning of the criminal justice system in India. Its application provides objectivity, accuracy, and scientific rigor to the investigation and adjudication of criminal offences. This research paper offers a critical examination of the role and impact of forensic science in India’s legal framework, focusing on its contribution to evidence collection, preservation, and analysis. It delves into the legal admissibility of forensic evidence, the infrastructural and procedural limitations within forensic institutions, and the gaps in coordination between forensic experts and law enforcement agencies. The paper further evaluates significant judicial pronouncements that have shaped the jurisprudence on forensic applications and highlights comparative practices from other jurisdictions to draw lessons for reform. Emphasizing the need for legislative modernization, capacity building, and institutional standardization, this study advocates for the systematic integration of forensic methodologies to enhance the credibility, efficiency, and fairness of the Indian criminal justice system.

Keywords – Forensic science, criminal justice system, India, evidence analysis, scientific investigation, expert testimony, legal framework, judicial decisions, forensic infrastructure, criminal adjudication, comparative analysis, law enforcement, forensic reform.

THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S.

AUTHOR – DIMPY MITTAL, PG STUDENT AT JAMNA LAL BAJAJ SCHOOL OF LEGAL STUDIES, BANASTHALI VIDYAPITH
BEST CITATION – DIMPY MITTAL, THE ROLE OF JUDICIARY IN SHAPING FEDERAL GOVERNANCE: A COMPARATIVE STUDY BETWEEN INDIA AND U.S. INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 549-558, APIS – 3920 – 0001 & ISSN – 2583-2344
 
THE CONSTITUTIONAL FRAMEWORK
FEDERALISM IN INDIA
India has a constitutional framework of federalism that contains the features of both the federal and unitary systems. India is a diversified country which needs unity; therefore, the Indian Constitution describes the country as a “Union of States” in Article 1^[1]. This signifies that states cannot secede from the union. Under this, the Seventh Schedule enumerates powers for the federal and state governments by having three lists i.e., the Union List, which, for example includes defence or foreign affairs, the State List, which features police or public health on it, and the third category is the Concurrent List, containing marriage as well as criminal law items. The Union government has enormous powers, especially on matters under the Union List, and the residual powers are also with the Union. Article 245^[2] makes state laws subject to override by central laws on matters that fall under the Concurrent List in case of dispute. The Supreme Court, as an arbitration body, correctly balances the power of the Union and state governments.
The federalism of India retains strong features of unitary characteristics, such as the emergency provisions enacted by Articles 352 and 356. Such provisions constitute the central government’s authority to exert itself further in cases when it is required. This juxtaposition of features-or federalism and unitary characteristics-presents an important model of cooperative federalism wherein diversity at the state levels does not seem to disrupt national unity.


[1]Article 1: Name and territory of the Union
(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise-
a. The territories of the States;
b. the Union territories specified in the First Schedule; and
c. such other territories as may be acquired.
[2] 245. Extent of laws made by Parliament and by the Legislatures of States
(1)Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.
(2)No law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

“CORPORATE FRAUD WITH SPECIAL REFERENCE TO DEVAS-ANTRIX SAGA: A CRITICAL ANALYSIS”

AUTHOR – ASHUTOSH  RATHORE* & DR. JYOTSNA SINGH**

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

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

BEST CITATION – ASHUTOSH  RATHORE* & DR. JYOTSNA SINGH, “CORPORATE FRAUD WITH SPECIAL REFERENCE TO DEVAS-ANTRIX SAGA: A CRITICAL ANALYSIS” INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 538-548, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Corporate frauds have far-reaching implications that go beyond financial losses, shaking the very foundations of governance, accountability, and public trust in institutions. Among the notable corporate controversies in India, the Devas-Antrix agreement stands out as a significant case involving high-level decision-making, regulatory loopholes, and international ramifications. This case is particularly important due to the involvement of a government-owned enterprise—Antrix Corporation, the commercial arm of ISRO—and its agreement with Devas Multimedia Private Limited, a company backed by foreign investors.

The deal, which involved the leasing of rare and strategically sensitive S-band satellite spectrum, was later annulled by the Government of India citing national interest. However, investigations revealed substantial procedural irregularities, undervaluation of public resources, and elements of deception—indicating that the agreement was entered into with fraudulent intent.

This paper aims to provide a critical and multi-dimensional analysis of the Devas-Antrix episode through legal, ethical, economic, and regulatory perspectives. It delves into how the fraudulent aspects of the deal came to light, evaluates the roles played by various domestic agencies such as the CBI, ED, NCLT, and judiciary, and examines the international arbitration proceedings initiated by Devas investors under bilateral investment treaties (BITs).

The study also uncovers institutional shortcomings in the governance of public sector undertakings and the challenges India faces in balancing foreign investor obligations with sovereign decision-making. It highlights how judicial interpretation, legislative inaction, and lack of oversight created fertile ground for corporate abuse, and proposes comprehensive regulatory reforms aimed at preventing such occurrences in the future.

Keywords: Corporate Fraud, Devas-Antrix Deal, ISRO, Antrix Corporation, Governance Failures, Public Sector Accountability, International Arbitration, Bilateral Investment Treaties (BIT), Supreme Court of India, CBI, Economic Offences.

EVOLVING JURISPRUDENCE ON DATA PROTECTION: A JUDICIAL PERSPECTIVE

AUTHOR – TAVISHEE DUBEY* & DR ARVIND P. BHANU**

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

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

BEST CITATION – TAVISHEE DUBEY & DR ARVIND P. BHANU, EVOLVING JURISPRUDENCE ON DATA PROTECTION: A JUDICIAL PERSPECTIVE INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 524-537, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In the wake of increasing digitization and the proliferation of personal data collection by both state and private actors, the legal discourse surrounding data protection in India has witnessed significant evolution. This paper examines the judicial approach to data protection, with a particular focus on the role of the Indian judiciary in interpreting the right to privacy under Article 21 of the Constitution and shaping the trajectory of data protection laws, culminating in the enactment of the Digital Personal Data Protection (DPDP) Act, 2023. It critically analyzes landmark judgments, including Justice K.S. Puttaswamy v. Union of India, which recognized privacy as a fundamental right, and how this recognition laid the groundwork for legislative and regulatory frameworks for personal data protection.

The study explores the historical development of privacy jurisprudence in India, the inadequacies of the Information Technology Act, 2000, and the transition toward a comprehensive statutory regime under the DPDP Act. It further evaluates the key provisions of the Act, the establishment of the Data Protection Authority, and potential constitutional conflicts arising from state surveillance, data localization, and national security exceptions. Through a doctrinal and analytical lens, the paper also compares India’s data protection landscape with international frameworks such as the EU’s GDPR and OECD guidelines.

Ultimately, the paper argues that the success and legitimacy of the DPDP Act will hinge on its judicial interpretation—particularly how courts balance privacy rights with competing interests of the state and commercial stakeholders. The judiciary’s continued vigilance in enforcing privacy norms, scrutinizing exemptions, and safeguarding constitutional values will be vital to ensuring a rights-based approach to data protection in India’s digital future.