PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISMS AND CHALLENGES

AUTHOR – SUDHANSHU RAJ* & DR.MUDRA SINGH**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SUDHANSHU RAJ* & DR.MUDRA SINGH, PROTECTING THE RIGHTS OF WORKING CHILDREN IN INDIA: A STUDY OF EXISTING MECHANISMS AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 415-423, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Despite India’s constitutional guarantees and legislative measures, the rights of working children continue to face significant challenges. This research paper analyses the existing mechanisms — legislative, judicial, and policy-based — aimed at protecting working children and highlights the persistent barriers hindering their effective implementation. It argues that although frameworks like the Child Labour (Prohibition and Regulation) Act, 1986 and the Right to Education Act, 2009 have contributed positively, enforcement gaps, socio-economic disparities, and cultural practices perpetuate the exploitation of working children. Through empirical data and graphical analysis, this study evaluates the effectiveness of current measures and proposes recommendations for a more integrated, rights-based approach.

Despite India’s constitutional guarantees and legislative measures, the rights of working children continue to face significant challenges. This research paper analyses the existing mechanisms — legislative, judicial, and policy-based — aimed at protecting working children and highlights the persistent barriers hindering their effective implementation. It argues that although frameworks like the Child Labour (Prohibition and Regulation) Act, 1986 and the Right to Education Act, 2009 have contributed positively, enforcement gaps, socio-economic disparities, and cultural practices perpetuate the exploitation of working children. Through empirical data and graphical analysis, this study evaluates the effectiveness of current measures and proposes recommendations for a more integrated, rights-based approach.

Further, this paper examines the evolving nature of child labour in the context of economic globalization and technological change. It critically assesses the role of international obligations, constitutional mandates, legislative interventions, and policy initiatives in India. By drawing on case studies and field data, it highlights the multifaceted dimensions of child labour — including bonded labour, domestic work, and hazardous occupations — and argues for a rights-based framework that addresses root causes rather than symptoms. Ultimately, this paper seeks to contribute towards creating a protective environment where every child can realize their full potential free from exploitation.

THE IMPACT OF CYBER TERRORISM ON CRITICAL INFRASTRUCTURE AND NATIONAL SECURITY

AUTHOR – YASH THAKUR* & KUNVAR DUSHYANT SINGH**

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

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

BEST CITATION – YASH THAKUR & KUNVAR DUSHYANT SINGH, THE IMPACT OF CYBER TERRORISM ON CRITICAL INFRASTRUCTURE AND NATIONAL SECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 415-420, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Cyberterrorism, the deliberate use of computer networks to cause harm or disruption, has emerged as a significant threat to national security and the integrity of critical infrastructure. This paper examines the multifaceted impact of cyberterrorism on critical infrastructure, exploring its potential consequences, vulnerabilities, and the challenges it poses to national security. The paper discusses the various forms of cyberterrorism, including denial-of-service attacks, data theft, and malware infections, and their potential to disrupt essential services, cause economic losses, and undermine public trust. It also analyzes the vulnerabilities of critical infrastructure, such as interconnectedness, complexity, and human error, and the challenges of defending against cyber threats. The paper concludes by discussing strategies for addressing the cyberterrorism threat, including enhanced cybersecurity measures, international cooperation, public-private partnerships, and increased public awareness.

Keywords: cyberterrorism, infrastructure, vulnerabilities, cybersecurity, interconnectedness

PARLIAMENTARY SOVEREIGNTY VS. JUDICIAL SUPREMACY: ANALYSING THEIR IMPACT ON UPHOLDING PEOPLE’S RIGHTS IN COMPARATIVE CONSTITUTIONAL LAW

AUTHOR – ISHA DEVESHWAR, RESEARCH SCHOLAR AT AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH. EMAIL – ISHADEVESHWAR54@GMAIL.COM

BEST CITATION – ISHA DEVESHWAR, PARLIAMENTARY SOVEREIGNTY VS. JUDICIAL SUPREMACY: ANALYSING THEIR IMPACT ON UPHOLDING PEOPLE’S RIGHTS IN COMPARATIVE CONSTITUTIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 402-414, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

 Examining the principles of Parliamentary Sovereignty and Judicial Supremacy, this article evaluates their individual effects on protecting people’s rights inside comparative constitutional settings.  Common in the United Kingdom, Parliamentary Sovereignty stresses the total legislative power of Parliament, hence claiming that any other institution cannot override legislation passed by it.  On the other hand, Judicial Supremacy, shown by the constitutional framework of the United States and India, gives the court, especially the Supreme Court, power to interpret constitutional provisions, therefore possibly overriding legislative acts by means of judicial review to preserve basic rights.  This study investigates how every theory influences the safeguarding of democratic government and civil rights.  The article looks at historic cases and constitutional changes in the UK, India, and the US using a comparative constitutional method, hence stressing the conflict between legislative purpose and judicial interpretation.  Although Parliamentary Sovereignty can provide clarity and democratic legitimacy, it runs the risk of majoritarian dominance and the violation of minority rights.  Though important in protecting rights against political excesses, Judicial Supremacy could also cause worries about democratic deficiency and judicial activity, hence challenging the suitable boundaries of judicial power.  By means of this comparative study, the article finds that no theory in isolation ensures the efficient defence of people’s rights.  A balanced approach—constitutional discussion or cooperation between the legislature and judiciary—instead may perhaps harmonise democratic responsibility with strong rights protection.  Therefore, knowing how various countries balance these precepts offers insightful analysis of constitutional design and the continuous struggle to defend individual rights among rival institutional forces.

Keywords: Parliamentary Sovereignty, Judicial Supremacy, Comparative Constitutional Law, Fundamental Rights, Judicial Review

EFFECTIVENESS OF LABOUR WELFARE SCHEMES IN INDIA

AUTHOR – JOTHI LIVINCY, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY- SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – JOTHI LIVINCY, EFFECTIVENESS OF LABOUR WELFARE SCHEMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 397-401, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

 Labour welfare schemes in India play a crucial role in improving the working conditions, economic security, and overall well-being of the workforce. This research paper delves into the various aspects of labour welfare schemes, analysing their features, objectives, opportunities, and challenges, while concluding with insights on their effectiveness and potential improvements. It also incorporates recent statistics, case studies, and reforms to provide a comprehensive overview.

Keywords: Labour welfare, social security, industrial relations, worker well-being, labour laws, India, workforce productivity, statutory welfare, non-statutory welfare, economic security

CARING FOR MOTHERS: A LOOK AT INDIA’S MATERNITY SUPPORT SYSTEM

AUTHOR – JEYASHREE.A.R, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY- SCHOOL OF EXCELLENCE IN LAW.

BEST CITATION – JEYASHREE.A.R, CARING FOR MOTHERS: A LOOK AT INDIA’S MATERNITY SUPPORT SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 389-396, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Maternity Benefit Act, 1961, and its related programs play a crucial role in protecting the health and rights of working women in India, especially during pregnancy and postnatal periods. This article evaluates the impact of the Act and schemes like Janani Suraksha Yojana (JSY) and Maternity Benefit Programme (MBP), which aim to reduce maternal mortality and financial burden. Despite various efforts, gaps remain in coverage, particularly for women in the informal sector. International examples show that paid maternity leave and cash benefits can improve child health, reduce maternal stress, and promote breastfeeding. However, India’s approach often limits benefits to certain births or conditions, affecting the most vulnerable. The article examines legislative provisions, implementation issues, and the outcomes of maternity benefit programs on maternal health, gender equality, and labour force participation. It argues that maternity benefits should be universal, unconditional, and treated as a human right and public investment in human capital.

Keywords: Maternity Benefit Act, reproductive rights, informal sector, gender equality, cash transfer schemes.

EVALUATING THE EFFECTIVENESS OF THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 IN PROMOTING WORKPLACE EQUALITY AND MATERNAL HEALTH IN INDIA

AUTHOR – ABISHEK.N,STUDENT OF SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ABISHEK.N, EVALUATING THE EFFECTIVENESS OF THE MATERNITY BENEFIT (AMENDMENT) ACT, 2017 IN PROMOTING WORKPLACE EQUALITY AND MATERNAL HEALTH IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 382-388, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:-

This research examines the Maternity Benefit (Amendment) Act, 2017, and its implications for workplace equality and maternal health in India. The original Maternity Benefit Act, 1961, was a significant step in ensuring that women employees were entitled to maternity leave, job protection, and related benefits. However, as the needs of the modern workforce evolved, the Act required updates to address contemporary challenges related to women’s health and participation in the labor market. The 2017 Amendment marked a pivotal moment by extending the duration of paid maternity leave from 12 to 26 weeks, which is one of the longest periods of maternity leave in the world. The law also introduced provisions for adoptive and commissioning mothers, providing them with 12 weeks of paid leave, thus recognizing non-biological pathways to motherhood.

One of the most noteworthy changes in the 2017 Amendment is the mandate for crèche facilities at establishments with 50 or more employees. This provision is aimed at supporting women who return to work after childbirth by allowing them to breastfeed and care for their infants during working hours. It reflects a growing recognition of the need for family-friendly work environments that can help women balance their professional and personal responsibilities. Additionally, the Amendment introduces the option for women to work from home after childbirth, providing flexibility for those in roles that can accommodate remote work.

Despite these significant advancements, the implementation of the Act continues to face various challenges. One of the key issues is the lack of awareness about the provisions of the law among both employers and employees, which leads to inconsistent application across different industries. Small and medium-sized enterprises (SMEs), in particular, may face difficulties in providing crèche facilities, thereby limiting the reach of the law. Furthermore, while the Act applies to establishments with 10 or more employees, the unorganized sector remains largely unaddressed, leaving a large portion of the female workforce without the protection and benefits provided by the law.

In light of these challenges, this research suggests several policy recommendations for improving the implementation of the Maternity Benefit Act. These include the establishment of a government-funded maternity benefit scheme to ease the financial burden on employers, especially those in SMEs, extending the Act’s coverage to the unorganized sector, and providing tax incentives to companies that comply with the crèche facility requirement. Furthermore, awareness campaigns and regular monitoring are necessary to ensure that the law’s provisions are fully implemented.

Through this analysis, the research highlights the potential of the Maternity Benefit (Amendment) Act, 2017, to advance gender equality in the workplace, promote maternal health, and create a more supportive work environment for women. However, it also emphasizes the need for continuous reforms, better enforcement mechanisms, and broader coverage to ensure that the benefits reach all women, particularly those in vulnerable sectors. Ultimately, the successful implementation of this Act is essential for advancing the rights of women in India and fostering a more inclusive and equitable labor market.

Keywords:- Crèche facilities, women workers, unorganized sector, flexible work arrangements, women empowerment.

AN ANALYSIS OF GIG WORKERS AND THE CHALLENGES SURROUNDING THEIR EMPLOYMENT

AUTHOR – JANANI P, STUDENT OF SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – JANANI P, AN ANALYSIS OF GIG WORKERS AND THE CHALLENGES SURROUNDING THEIR EMPLOYMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 376-381, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

There are around 450 million unorganized laborers in India, making up 92.4% of the country’s employment.  Approximately 83% of the workforce is employed in the unorganized sector. Remarkably, a brand-new unorganized labor market known as “gig workers” or “platform-based” workers has arisen in the past ten years.  The Unorganized Workers’ Social Security Act of 2008 defines an “unorganized worker” as a wage worker, self-employed worker, or home-based worker.  Gig workers may not be included in this definition, but they are covered by the second clause, which states that no labor regulation defines the word. Since they are hired by companies using digital applications, resulting in a platform-dependent employment structure, they are referred to as platform workers. The first Indian state to create legislation protecting gig workers and giving them a sufficient regulatory framework to stop exploitation of their freelancing employment was Rajasthan. This essay examines a number of gig economy-related topics while accounting for the growing need for platform labor. It also offers a well-thought-out framework for harmonious connections between the aggregator and the workers, as well as specific actions to fulfill their requirements. During the COVID-19 epidemic, the gig economy flourished in large part because it was useful for delivering necessities, food, and transportation services, all of which were severely impacted. The scope of the research is limited to discussing various issues faced by platform workers (workers employed by aggregators like Swiggy, Ola, Uber etc.) and suggesting certain solutions for the same.

Keywords : Gig Workers, Digital Platform, Social Security, Redressal Mechanism, Platform Workers

HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS

AUTHOR – DHANALAKSHMI I, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – DHANALAKSHMI I, HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 368-375, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The industrial landscape of India has evolved rapidly since independence, contributing significantly to economic development. However, this growth has been paralleled by an increase in occupational hazards, particularly in sectors involving hazardous processes. Recognizing the critical need to protect workers from such risks, the Factories Act, 1948, was amended in 1987 to incorporate comprehensive provisions addressing hazardous processes. This research paper undertakes a detailed legal and comparative analysis of these provisions, primarily focusing on Sections 41A to 41H, which lay down statutory safeguards for workers engaged in hazardous operations. Through a comparative analysis with international frameworks, including those of the United Kingdom, United States, Japan, Australia, and the European Union, the paper identifies best practices in managing hazardous industrial processes, such as risk assessments, public transparency, emergency planning, and proactive worker protection measures. Additionally, the study includes case law analysis, exploring key judicial interpretations of hazardous processes and their influence on the development of regulatory practices. The research also highlights the duties of the occupiers.

Keywords: Hazardous processes, Comparative analysis, legal analysis, occupier.

LABOR’S MENTAL HEALTH PROTECTION

AUTHOR – MANOJ KUMAR RISHIKESAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – MANOJ KUMAR RISHIKESAN, LABOR’S MENTAL HEALTH PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 363-367, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

An important turning point in employment reform has been reached with the recent introduction of four comprehensive labor codes in India. Although these codes’ main goal is to simplify and update antiquated laws, it is still unclear how well they address new workplace issues, especially those related to mental health. This study examines how, in the Indian context, these new labor laws and mental health compliance interact. This paper aims to clarify how labor law can change to better support workers’ psychological well-being in the contemporary economy by looking at the provisions, pointing out any gaps, and offering potential solutions.

EMPLOYERS LIABILITY TO PAY COMPENSATION-LEGAL FRAMEWORK AND CHALLENGES

AUTHOR – HARSHAVARTHINI I, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – HARSHAVARTHINI I, EMPLOYERS LIABILITY TO PAY COMPENSATION-LEGAL FRAMEWORK AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 352-362, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The liability of employers to pay compensation for workplace injuries and occupational hazards has been a critical component of labour law and industrial relations. This paper explores the legal frameworks governing employers’ liability, focusing on statutory provisions, judicial interpretations, and international conventions. It examines key legislation such as the Employees’ Compensation Act, 1923 (India), and compares it with global practices to highlight similarities and divergences. The paper also addresses contemporary challenges, including the gig economy, unorganized labour sectors, and evolving workplace risks. It critically analyse the adequacy of existing laws in ensuring timely and fair compensation and discusses the need for reforms to address emerging labour dynamics and enforcement bottlenecks. The study concludes by proposing a more inclusive, adaptable, and enforceable compensation regime to safeguard workers’ rights in a changing employment landscape.

Keywords: Employers liability, workers compensation, occupational hazards, Employee compensation Act 1923, compensation, social security, occupational disease