PUBLIC AUTHORITIES AND OTHER AUTHORITIES UNDER THE RTI ACT, INDIA: SCOPE, INTERPRETATION, AND CHALLENGES

AUTHOR – M AKSHAYAA*, TEJASWINI S*, DR. SAJI SIVAN S**,

* STUDENTS AT VIT SCHOOL OF LAW, CHENNAI

** PROFESSOR AT VIT SCHOOL OF LAW, CHENNAI

BEST CITATION – M AKSHAYAA, TEJASWINI S, DR. SAJI SIVAN S, PUBLIC AUTHORITIES AND OTHER AUTHORITIES UNDER THE RTI ACT, INDIA: SCOPE, INTERPRETATION, AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1294-1306, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Right to Information (RTI) Act, 2005, is a significant law in India that promotes transparency and accountability in governance. A key aspect of the Act is the definition of public authorities, which are required to provide information to citizens. This paper explores the scope of public authorities under the RTI Act, including government bodies, institutions funded by the government, and other authorities performing public functions. It also examines how courts have interpreted the term other authorities to include private entities in certain cases. The paper further discusses the challenges in implementing RTI, such as resistance from organizations, lack of clarity in definitions, and exemptions under the law. Key case laws and decisions by the Central and State Information Commissions are analyzed to understand how the RTI Act has evolved over time. Finally, recommendations are provided to improve transparency and ensure better compliance with the Act. This study aims to highlight the importance of access to information in a democracy and how the RTI Act empowers citizens to hold public authorities accountable.

Keywords: Public authorities, Other Authorities, Transparency, Accountability, Exemptions & Citizen empowerment.

RIGHT TO HEALTH AS A FUNDAMENTAL RIGHT: CONSTITUTIONAL AND JUDICIAL PERSPECTIVES

AUTHOR – D.N. HARINI, STUDENT AT VELS SCHOOL OF LAW, VELS INSTITUE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS), CHENNAI – 600 117

BEST CITATION – D.N. HARINI, RIGHT TO HEALTH AS A FUNDAMENTAL RIGHT: CONSTITUTIONAL AND JUDICIAL PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1289-1293, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The concept of the right to health, though not expressly articulated as a fundamental right in the Indian Constitution, has found strong backing through judicial interpretation under Article 21, which guarantees the right to life and personal liberty. This paper examines the constitutional provisions and landmark judicial decisions that have contributed to the development of the right to health in India. By interpreting the right to life in a holistic manner, the judiciary has firmly incorporated the right to health within the ambit of enforceable fundamental rights. The article also discusses the challenges in implementing this right, the role of international obligations, and offers suggestions to strengthen health jurisprudence in India.

Keywords – Right to Health, Fundamental Rights, Constitution of India, Judicial Interpretation, Article 21, Public Health, Directive Principles, Welfare State

A COMPARITIVE REVIEW ON THE MATERNITY BENEFIT UNDER SOCIAL SECURITY CODE, 2020 AND THE MATERNITY BENEFIT ACT – WITH SPECIAL MENTION TO SURROGACY

AUTHOR – SEATHAL DEVI, LLM SCHOLAR AT GOVERNMENT LAW COLLEGE – DHARMAPURI

BEST CITATION – SEATHAL DEVI, A COMPARITIVE REVIEW ON THE MATERNITY BENEFIT UNDER SOCIAL SECURITY CODE, 2020 AND THE MATERNITY BENEFIT ACT – WITH SPECIAL MENTION TO SURROGACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1279-1288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ideal womanhood in India is motherhood – that marvellous, unselfish all – suffering, ever- forgiving mother.

-Swami Vivekananda

During pregnancy, women experience a range of physical discomforts, from morning sickness and fatigue in the early stages, to back pain, leg cramps, and pelvic pressure as the baby grows. The hormonal changes can lead to mood swings and emotional strain, while the physical strain intensifies as the body adjusts. During this period, women require maximum support and care. Recognizing this, the state bears the responsibility to regulate women’s employment and ensure access to maternity benefits such as maternity leave with wages, nursing breaks, creche facilities, and more.

Therefore, this paper offers a comparative analysis of maternity benefits under two key legal frameworks in India: the Maternity Benefit Act, 1961 and the Social Security Code, 2020. The paper aims to critically examine the provisions of both legislations in terms of eligibility, duration, wage replacement, and overall impact on working women. A special focus is placed on surrogacy, an emerging area that is not fully addressed by the existing maternity benefit laws. While the Maternity Benefit Act provides comprehensive maternity leave and benefits to biological mothers in formal employment, its provisions do not extend to surrogate mothers, leaving a significant gap in legal protection. This paper delves into the differences and similarities between the two laws, particularly in the context of surrogacy, and evaluates whether the current framework adequately supports all women, including surrogate mothers, in their reproductive roles.

Keywords: Maternity Benefit, Surrogacy, Social Security Code 2020, Female Workforce.

BEYOND THE FIREWALL: UNRAVELING THE COMPLEXITIES OF INDIAN CYBERCRIME INVESTIGATIONS

AUTHOR – SHAMIK LODH, LLM SCHOLAR AT AMITY UNIVERSITY

BEST CITATION – SHAMIK LODH, BEYOND THE FIREWALL: UNRAVELING THE COMPLEXITIES OF INDIAN CYBERCRIME INVESTIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1274-1278, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India is experiencing unprecedented growth in the digital space and, with that digital growth, comes unprecedented growth in the rate of cybercrime, which threatens national security, economic prosperity and public safety. This report addresses the various nuanced challenges of investigating cybercrime in India across five areas – allocating resources strategically, developing a legal framework for law enforcement, engaging in international coordination, gaining access to encryption technology, and providing specialized training.

The report notes that India has been making tremendous advances in building its cybersecurity infrastructure with vast amounts of funding, and positive legal frameworks, but that it still faces challenges, historically, of technical training, transnational coordination and specially trained personnel to respond to the demands of cyberspace. Addressing this will require a recognition that a collaborative response needs to involve the coordination of strong enforcement, privacy protections, and sharing of domestic, as well as international expertise.

Key words: Cybercrime , Digital growth , National security , Economic prosperity , Public safety, Cybersecurity infrastructure.

SENSING THE BRAND: PROTECTING NON-VISUAL TRADEMARKS IN INDIA’S IP FRAMEWORK

AUTHOR – TRISHA AGGARWAL* & DR. BHAVNA BATRA**

* LLM SCHOLAR AT AMITY LAW SCHOOL, NOIDA (AMITY UNIVERSITY, UTTAR PRADESH)

** ASSOCIATE PROFESSOR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – TRISHA AGGARWAL & DR. BHAVNA BATRA, SENSING THE BRAND: PROTECTING NON-VISUAL TRADEMARKS IN INDIA’S IP FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1265-1273, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rise of modern branding for enhanced consumer recognition has led to the inclusion of sensory elements, effecting the incorporation of non-visual trademarks and necessitating their recognition and protection under the existing trademark regime. The stringent requirements of distinctiveness and graphical representation under the Trade Marks Act, 1999, posit unattainable standards, contrasting with “visual perceptibility” under Article 15(1) of the TRIPS Agreement. Internationally, cases like Shield Mark and Sieckmann illustrate the standardization dilemmas for non-traditional marks (NTTMs) in India, compounded by erratic registrations and refusals. Additionally, legislative gaps, such as inadequate guidelines for NTTMs in the 2009 Draft Manual, non-recognition, along issues related to the product’s functionality, further complicate the situation.

PRISON REFORMS IN INDIA – FROM PUNISHMENT TO REHABILITATION

AUTHOR – ANJANI RATNESH UPADHYAY & NIMISHA WAGHMARE, STUDENTS AT KES SHRI JAYANTILAL H PATEL LAW COLLEGE

BEST CITATION – ANJANI RATNESH UPADHYAY & NIMISHA WAGHMARE, PRISON REFORMS IN INDIA – FROM PUNISHMENT TO REHABILITATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1253-1264, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Prisons serve as an arm of criminal justice system to punish the deviant behaviour of a miscreant. India’s jails are emblematic of a criminal justice system grappling with multiple challenges. Overcrowding, outdated infrastructure, and limited resources often impede the delivery of essential services such as healthcare, sanitation, and rehabilitation. These facilities not only house a diverse inmate population—including a growing number of under trial prisoners—but also reveal systemic gaps that affect the human rights and well-being of inmates. In this article, we explore the current state of Indian jails, examine the pressing issues they face, and discuss potential reforms aimed at transforming these institutions into centers of genuine reformation and support.

PRESCRIPTION PARADOX: EXPLORING THE PITFALLS OF CONFUSING PHARMACEUTICAL BRAND NAMES IN INDIA

AUTHOR – BAISHALI JAIN, RESEARCH SCHOLAR AT CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

BEST CITATION – BAISHALI JAIN, PRESCRIPTION PARADOX: EXPLORING THE PITFALLS OF CONFUSING PHARMACEUTICAL BRAND NAMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1245-1252, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In a recent pending case before the Delhi High Court, the matter of medication errors due to confusingly similar pharma packaging and labelling has once again raised the concern of medication process in India. The present suit is filed by Dr. Reddy’s Laboratories Ltd. against SGS Pharmaceuticals (P) Ltd. for trade dress passing off.  The plaintiff has prayed for restraining the defendant from infringing on the registered trademark, trade dress, colour scheme, and distinctive packaging of the medicine Cyproheptadine sold by the plaintiff under the trademark “Practin”. Medical community has been complaining about the instances of medication errors due to Look Alike Sound Alike (LSA) drug names in India, to no avail. The objective of this study is to review the role of Indian courts through precedents with the objective of underlying the interpretation of ‘likelihood of confusion’ test to determine passing off trade dress and trademark infringement with respect to pharmaceutical products in India.This case review article expresses states that the Indian market is full of LASA Drugs which have not yet caught the attention of the media or the responsible authorities. To review the role of Indian courts through precedents with the objective of underlying the interpretation of ‘likelihood of confusion’ test to determine passing off trade dress and trademark infringement with respect to pharmaceutical products in India.

KEYWORDS: Trademark, Infringement, Pharmaceutical, Likelihood of confusion, Medication, LASA drugs.

VIOLENCE AGAINST WOMEN IN INDIA

AUTHOR- ANU YADAV, STUDENT AT KES’ SHRI JAYANTILAL H. PATEL LAW COLLEGE, MUMBAI

BEST CITATION – ANU YADAV, VIOLENCE AGAINST WOMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1239-1244, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

 Violence against women in India refers to acts of sexual or physical abuse, usually carried out by men, against Indian women.  In India, common types of violence against women include sexual assault, domestic abuse, and murder.  There have been reports of violence against women in India, including rape, acid throwing, dowry killings, honor killings, and forced prostitution of young girls.  According to police records in India, The percentage of crime rate against women in India has increased. This brutal type of assault and disfigurement can affect women of any class, caste, creed, or religion.  Any form of abuse that poses a threat to women is regarded as domestic violence in India; this includes sexual, psychological, and physical abuse of any partner, past or present.  The Dowry Prohibition Act, passed by the Indian government in 1961, outlawed dowry demands in wedding contracts.  Nonetheless, there have been several reports of homicides, suicides, and domestic abuse linked to dowries.  Many of these occurrences were documented in the 1980s.

Key Words – Violence, right, Domestic violence, Dowry, Rape, protection, human, women.

COMPARATIVE STUDY OF MATERNITY BENEFIT LAWS ACROSS DIFFERENT COUNTRIES

AUTHOR – PRIYA. C, SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, CHENNAI – 600113, MAIL: CP1794856@GMAIL.COM

BEST CITATION – PRIYA. C, COMPARATIVE STUDY OF MATERNITY BENEFIT LAWS ACROSS DIFFERENT COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1232-1239, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

     Maternity benefits are necessary to safeguard the financial security and health of working mothers and their children.  However, maternity benefit regulations in different countries differ significantly in terms of the duration of leave, wage compensation, employer obligations, and government support.  This study analyzes the maternity benefit policies of various nations, with a focus on developed and emerging economies.  In countries such as Sweden, Canada, and the UK, significant paid maternity and parental leave, often funded by the government, ensures mothers financial stability. On the other hand, the United States is the only developed nation without a federally mandated paid maternity leave program. Rather, unpaid leave is provided by the FMLA.  On the other hand, while developing nations like India provide extensive maternity leave, they also place a financial burden on businesses, which may result in hiring practices that discriminate against women.  The report also highlights significant challenges, including ignorance, budgetary constraints, and the exclusion of unorganized sector workers from maternity benefits. This study looks at global trends, finds best practices, and recommends policy reforms to increase employer involvement, prolong government-funded maternity leave, and promote shared parental leave in order to improve gender equality. Adopting universal maternity benefit standards might significantly improve the wellbeing of mothers and children while also fostering a more diverse and equitable workforce worldwide.

Keywords: Maternity benefit, working mothers, global trends.

SAFEGUARDING INTELLECTUAL PROPERTY RIGHTS OF GAME DESIGNERS AND DEVELOPERS: A FOCUS ON COPYRIGHT AND PATENT PROTECTION

AUTHOR – APURBA DAS, LLM SCHOLAR AT AMITY UNIVERSITY, NOIDA

BEST CITATION – APURBA DAS, SAFEGUARDING INTELLECTUAL PROPERTY RIGHTS OF GAME DESIGNERS AND DEVELOPERS: A FOCUS ON COPYRIGHT AND PATENT PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1216-1231, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The gaming industry has seen great development, and hence, the related issues of safeguarding Intellectual Property Rights (IPR) have sprung up for game designers and game developers. This study highlights the overall importance of copyright and patent protection as the legal mechanism that reinforces creators’ rights, as well as other relevant rights, within this creative industry. Gaming also entails different illustration elements such as narratives, characters, music, and technology work, and therefore, multiple IP protection class applies: copyright, patents, and trademarks.

Protecting the rights to ownership of these properties is important in itself, but it is a basis for an environment that encourages innovation and investment. Additionally, it also ensures that developers, especially independent ones, do not have to worry about their work being infringed or plagiarized. The broader objective of this research is to deconstruct the efficiency of both copyright and patent laws, examine legal hurdles associated with an infringement of IP, and provide measures to enhance the protection of IP applied to gaming, which encompasses digital piracy and artificial intelligence-generated content.

The paper will also discuss the rise of blockchain technology and NFTs and their new opportunities for ownership verification as well as their legal problems, in particular, unauthorized tokenization of assets. IP law disparity between jurisdictions in the commission of the enforcement requires global harmonization of IP laws. In general, the future of gaming IP protection will depend on its multifaceted approach based on tight legal grounds and activity by the developers. Keywords: Intellectual Property Rights, Copyright laws, Patent laws, Blockchain, NFTs, Digital Piracy, Artificial Intelligence, AI generated content.