ROLE OF FAMILY COURT IN RESOLVING WOMEN’S LEGAL ISSUES

AUTHOR – RINKAL CHIRAG TRIVEDI, HEAD CLERK AT M.K.E.S. COLLEGE OF LAW

BEST CITATION – RINKAL CHIRAG TRIVEDI, ROLE OF FAMILY COURT IN RESOLVING WOMEN’S LEGAL ISSUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 45-46, APIS – 3920 – 0001 & ISSN – 2583-2344.

THIS ARTICLE IS PUBLISHED IN THE COLLABORATED SPECIAL ISSUE OF M.K.E.S. COLLEGE OF LAW AND THE INSTITUTE OF LEGAL EDUCATION (ILE), TITLED “WOMEN’S RIGHTS AND LEGAL REFORMS” (ISBN: 978-81-968842-4-6). .

ABSTRACT

The family court serves an essential function in tackling and resolving legal challenges encountered by women, especially concerning marriage, divorce, child custody, domestic violence, and property rights. By offering a dedicated judicial environment, family courts guarantee prompt and considerate resolution of conflicts while taking into account the distinct socio-legal difficulties faced by women. Additionally, these courts promote alternative dispute resolution methods, including mediation and counselling, to encourage peaceful settlements. This paper examines the importance of family courts in protecting women’s rights, the obstacles they confront, and the reforms necessary to improve their efficacy in administering justice.

Keywords – Family court, women’s legal rights, divorce, child custody, domestic violence, property rights, mediation, legal justice, gender equality, alternative dispute resolution.

EVALUATING THE IMPACT OF THE POSH ACT ON WORKPLACE CULTURE: A CASE STUDY OF CORPORATE ORGANIZATIONS IN INDIA

AUTHOR – MS. BASANTI DEVI NEGI* & DR. RAZIA CHAUHAN**

RESEARCH SCHOLAR* & ASSISTANT PROFESSOR**, SCHOOL OF LAW, SHARDA UNIVERSITY.

BEST CITATION – MS. BASANTI DEVI NEGI & DR. RAZIA CHAUHAN, EVALUATING THE IMPACT OF THE POSH ACT ON WORKPLACE CULTURE: A CASE STUDY OF CORPORATE ORGANIZATIONS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 39-44, APIS – 3920 – 0001 & ISSN – 2583-2344.

THIS ARTICLE IS PUBLISHED IN THE COLLABORATED SPECIAL ISSUE OF M.K.E.S. COLLEGE OF LAW AND THE INSTITUTE OF LEGAL EDUCATION (ILE), TITLED “WOMEN’S RIGHTS AND LEGAL REFORMS” (ISBN: 978-81-968842-4-6). .

Abstract:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), marked a major shift in India’s approach to preventing and addressing sexual harassment at work. It built on the foundation laid by the Vishakha Guidelines (1997), expanding upon the legal framework and introducing more concrete provisions. The POSH Act aims to offer women protection from all forms of sexual harassment in the workplace, creating a more structured and comprehensive system for prevention, prohibition, and redressal. A detailed analysis of the POSH Act’s effectiveness /impact requires exploring several critical factors. By examining the legislative journey from the Vishakha Guidelines to the enactment of the POSH Act and its subsequent enforcement, this study explores the evolution of legal frameworks and institutional mechanisms aimed at safeguarding employees’ rights and ensuring a conducive work environment. Drawing on empirical data, case studies, and stakeholder perspectives, the paper assesses the implementation, compliance, and enforcement of the POSH Act, highlighting both successes and challenges encountered in its execution. Furthermore, it examines the impact of the POSH Act on work culture of the organization, employee attitudes, and the prevalence of sexual harassment incidents.

Keywords: Sexual Harassment, Public Policy, Vishakha Guidelines, Organizational culture

THE IMPACT OF LEGISLATIVE DRAFTING ON STATUTORY INTERPRETATION

AUTHOR – MISS. SHWETA DILIP BHONDAVE, ADVOCATE & LLM SCHOLAR AT DECCAN EDUCATION SOCIETY’S  SHRI NAVALMAL LAW COLLEGE, PUNE

BEST CITATION – MISS. SHWETA DILIP BHONDAVE, A LEGAL ANALYSIS OF THE DARK WEB: GLOBAL AND INDIAN PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 677-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

Chapter I

Introduction:

Legislative drafting is a specialized skill that involves the formulation and preparation of laws and regulations by legislative bodies. It is a crucial process in the development of legal frameworks that govern societies, providing the foundation for orderly governance and the protection of individual rights.^[1] The art of legislative drafting requires precision, clarity, and foresight to ensure that laws are effective, enforceable, and stand up to legal scrutiny.

At its core, legislative drafting involves translating policy objectives and principles into clear and unambiguous legal language. This process requires a deep understanding of legal principles, the legislative context, and the socio-economic landscape in which the laws will operate. The drafter must navigate intricate legal concepts, consider potential loopholes, and anticipate how the law will be interpreted and applied in practice.^[2]

The resulting legislative texts can take various forms, including statutes, regulations, ordinances, and other legal instruments. Effective legislative drafting not only articulates the intentions of lawmakers but also provides a stable and adaptable framework that can stand the test of time. ^[3]Moreover, it plays a pivotal role in fostering transparency, accountability, and the rule of law within a society. Legislative drafters often collaborate with policymakers, legal experts, and stakeholders to ensure that the proposed laws align with societal needs and values. This collaborative approach helps in crafting legislation that is not only legally sound but also responsive to the dynamic challenges of the contemporary world.^[4]

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[1] DraftingPrinciples_August2013.pdf | last seen on 13/02/2024

[2] ibid

[3] The role of legislative drafters in determining the content of norms justice.gc.ca/eng/rp-pr/csj-sjc/ilp-pji/norm/index.html | last seen on 13/02/2024

[4] ibid

COMPARATIVE ANALYSIS OF LABOUR LAWS IN INDIA, UK AND USA

AUTHOR – ARNAV KAUSHIK, STUDENT AT AMITY UNIVERSITY MUMBAI

BEST CITATION – ARNAV KAUSHIK, COMPARATIVE ANALYSIS OF LABOUR LAWS IN INDIA, UK AND USA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 669-676, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Labour laws have always been a subject of discussion all around the world. The Indian labour laws are very different from the labour laws in other countries. India’s labour laws, heavily influenced by colonial-era regulations, emphasize worker welfare but can be complex due to numerous statutes and varying state laws. In contrast, the UK operates under a more unified legislative framework, with a strong focus on employee rights such as fair wages, health and safety, and working hours, regulated primarily by the Employment Rights Act and the Health and Safety at Work Act. The USA follows a decentralized approach where federal and state laws interact, offering essential protections under the Fair Labour Standards Act and Occupational Safety and Health Act, but with fewer guaranteed worker protections compared to the UK and India.

This research paper aims at comparing how minimum wages affect the lower end of the working class, the review period for the minimum wages, relation of minimum wages to inflation, age related minimum wage rates, minimum wage rate and cost of living, across India, UK, and USA. This comparative analysis also examines labour laws in India, the UK, and the USA, focusing on key differences and similarities in employment rights, workplace standards, and dispute resolution.

While all three countries aim to protect worker rights, the extent and approach vary significantly. These differences highlight each country’s unique socio-economic context and legal traditions, underscoring the challenges of achieving uniform labour standards globally.

Keywords: Wages, Working Hours, Labour Laws, Minimum Wage, Uniform Labour Standards, Workplace Standards

DATA PROTECTION AND PRIVACY LAWS: AN IMPACT MADE BY EU

AUTHOR – MEGHNA R, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – MEGHNA R, DATA PROTECTION AND PRIVACY LAWS: AN IMPACT MADE BY EU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 663-668, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

With the rise of the age of technology, EU focussed on providing its citizen with Protection of their Personal Data and hence enriching their Right to Privacy through GDPR. GDPR ensures that Privacy of EU Citizens are intact and with its breach the entity in question faces huge penalties. These penalties later are used only to fund of the needs of its citizens. The process of development and impact of such developments on the lives of its citizens, the world at large and businesses functioning in lines of using user data, is shown. The growth of Legislations worldwide on its Data Protection policies gives scope for more improvements as the technology moves forward. India’s rise for the same taking the inspiration from GDPR and the world, is seen in the paper. The reach and Impact of EU GDPR has been discussed.

Keyword: GDPR, Data Privacy, Protection, Sanctions.

A CASE STUDY OF FORENSIC EVIDENCE IN MANIPUR: UTILIZING MITOCHONDRIAL DNA ANALYSIS TO RESOLVE A PATERNITY DISPUTE

AUTHOR – SOROKHAIBAM SATYAJYOTI SINGH¹ & DR. S. JAMES²

¹ PHD RESEARCH SCHOLAR, DEPARTMENT OF LAW, MANIPUR INTRANATIONAL UNIVERSITY

IMPHAL, MANIPUR, INDIA

² PROFESSOR, DEPARTMENT OF LAW. MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA

BEST CITATION – SOROKHAIBAM SATYAJYOTI SINGH & DR. S. JAMES, A CASE STUDY OF FORENSIC EVIDENCE IN MANIPUR: UTILIZING MITOCHONDRIAL DNA ANALYSIS TO RESOLVE A PATERNITY DISPUTE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 657-662, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This case study explores the application of mitochondrial DNA (Mt DNA) analysis in resolving a challenging paternity dispute in Manipur, India. The case involved a claim from one man asserting paternity over a child, while the mother contended that another man was the biological father. Amid the complexity of the dispute, Mt DNA analysis provided a critical alternative to conventional DNA testing methods. Samples from the child, mother, and both alleged fathers were subjected to thorough analysis, focusing on hypervariable regions to identify rare genetic markers. The findings confirmed the maternal lineage and established a distinct genetic link to one of the alleged fathers through shared Mt DNA patterns. This outcome highlights the effectiveness of Mt DNA analysis in forensic science, particularly when presented with ambiguous or rare genetic evidence. Furthermore, the case emphasizes the importance of collaboration between forensic specialists and the legal system in accurately interpreting DNA evidence to support judicial decisions. The results of this investigation advocate for the broader integration of mitochondrial DNA analysis in paternity testing and forensic investigations.

This case study investigates the role of mitochondrial DNA (Mt DNA) analysis in resolving a complex paternity dispute in Manipur, India. The case arose when a man claimed paternity over a child, while the mother maintained that another man was the biological father. Given the contentious nature of the claims, the court mandated genetic testing to clarify the child’s biological connections. Traditional autosomal DNA profiling was deemed inconclusive due to the presence of unique and rare genetic markers among the alleged fathers. Consequently, the forensic team opted for comprehensive Mt DNA analysis, focusing on hypervariable regions (HVRs) known for their variability among individuals. Samples from the child, mother, and both alleged fathers underwent meticulous testing to identify and compare Mt DNA sequences.

Keywords: Forensic Science, Mitochondrial DNA, Genetic Interpretation, Judicial Decision.

DETAIL STUDIES ON E-CONTRACT WITH SPECIAL REFERENCE TO IT ACT, 2000

AUTHOR – AJAY GAVNER SARODE, STUDENT AT DES’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – AJAY GAVNER SARODE, APPLICABILITY OF SOCIAL ENGINEERING THEORY IN THE FIELD EDUCATION POLICY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 639-656, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

One shouldn’t wait until complaints and claims begin. Be sure that the electronic contracts are as neat as the agreements.  Before 1872, there was English Common Law which was applied to Indian Citizens. The Indian Contract Act, 1872 came into force on 1st Sept, 1872. There are changes in the concept of contracts i.e. from Traditional contract to electronic contract. Now e-contracts or ecommerce contract plays very vital role in contract between two parties. Under the provisions of the Information Technology Act, 2000, particularly Section 10-A, an electronic contract is valid and enforceable. A contract is always express or implied agreement which is enforceable by law Contracts are probably the most important and the most sensitive business law matter. They are the ones that can make the difference between loss and profit, lawsuit and success F-Contracts can be through modes of communication such as e-mail, internet and fax etc. It is impossible to identify the contracting parties (Authentication) and their signatures and thus fraud has been increased due to e-contract. The data protection is a very serious issue. E-contract followed by the traditional contract conditions helps in minimizing fraud and legal cases. There shall be valid government ID verification before entering into any contracts. Signature shall always be digital signature and electronic signature. Original Document shall be checked in relation to E-Contracts. The researcher has undertaken the topic to study the meaning of E-Contracts and also to find out the changing concepts of e-contracts and to study in detail about the e-contract with reference under IT Act 2000.

Keywords – Authentication, Contract, E-Contract, E-Signature, Contracting Parties, Traditional Contracts, IT Act 2000, Validity.

APPLICABILITY OF SOCIAL ENGINEERING THEORY IN THE FIELD EDUCATION POLICY IN INDIA

AUTHOR – MS. NUPUR SANJAYKUMAR BORA, LLM SCHOLAR AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – MS. NUPUR SANJAYKUMAR BORA, APPLICABILITY OF SOCIAL ENGINEERING THEORY IN THE FIELD EDUCATION POLICY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 631-638, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

 According to Pound, “Law is social engineering which means a balance between the competing interests in society,” in which applied science are used for resolving individual and social problems.” Roscoe Pound gave the theory of Social Engineering in which he compared lawyers with the Engineers. Engineers are required to use their engineering skill to manufacture new products. Similarly, social engineers are required to build that type of structure in the society which provides maximum happiness and minimum friction.

The Social Engineering Theory focuses on the use of educational policies to promote social change and equity. In the context of education policy in India, this theory is applied to analyze how government policies aim to address social inequalities and promote access to education among diverse groups. For instance, India has implemented policies such as affirmative action through reservations in educational institutions to uplift historically disadvantaged communities. The Social Engineering Theory can help evaluate the effectiveness of these policies in bringing about social change and whether they are achieving their intended goals. It can also be used to study the impact of initiatives like the Right to Education Act in improving access to quality education, especially for marginalized groups. By examining the objectives, implementation, and outcomes of education policies in India through the lens of the Social Engineering Theory, policymakers and researchers can gain insights into how these policies are shaping the educational landscape and contributing to social transformation.  To evaluate the extent to which the theory of social engineering helps to frame and regulate the policies related to education is the intention of the researcher to opt for the topic.

Keywords – social, engineering, theory, policy, Education, science.

POLITICAL ASYLUM- EXAMINING THE POST OFFICE BILL OF 2023 AND THE IMPLICATION ON THE RIGHT TO PRIVACY

AUTHOR – AASHIKA PARVEEN, CHAITANYA SAGAR KONDIKANTI & KEERTHANA P NARAYAN, STUDENTS AT ALLIANCE SCHOOL OF LAW, ALLIANCE UNIVERSITY, BANGALORE

BEST CITATION – AASHIKA PARVEEN, CHAITANYA SAGAR KONDIKANTI & KEERTHANA P NARAYAN, POLITICAL ASYLUM- EXAMINING THE POST OFFICE BILL OF 2023 AND THE IMPLICATION ON THE RIGHT TO PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 619-630, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Recently in 2023, the parliament of India consolidated and amended its 125-years old Indian Post Office Act of 1898. The question arise here is what led to the amended of such an old law in the country? It was the frauds, theft, misconduct by the postal official and the old laws applicability that led to the changes. Thus, to understand the comparison between the 1898 and 2023 this research papers dwells with critical analysis of Post Office Act, 2023 and its key changes its criticism on the right to privacy in India. As the new Act gives the power to the authorities to intercept and detain postal items, which raises potential questions on the discretionary power given to the authorities and the individual fundamental right to privacy infringement. To understand the same, will focus firstly on analyzing the provision of the Act and the major chances particularly Sections 9 and 10, which authorize mail interception and limit postal officials’ liability.

Privacy’s changing concept in the light of evolved technology is the fundamental thing to consider that touches both India and global dimensions. The article traces the development of privacy rights in the Indian law, particularly after the Puttaswamy case, by identifying these changes to data protection measures in the European GDPR rules. And by the way, it also delves into the media’s role in the formation of societal dialogue, and gives some where the media distorted the laws, causing the people a wrong interpretation of these laws. Also, assesses the level of awareness of the Act and the extent of its consent for the public through qualitative research, such as draw out of questionnaires and secondary sources. It also examines the legislative debates and policy challenges that are involved in the balancing of privacy rights and state security. The crux of this study, then, is to give a complete legal interpretation of the Post Office Act, 2023, in the context of India’s constitutional framework and world privacy standards.

A CRITICAL ANALYSIS OF PROBLEMS FACED BY BUILDING AND OTHER CONSTRUCTION WORKERS IN INDIA

AUTHOR – POORNAMATHI N C & MARISH KUMARAN C M, LLM SCHOLARS AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – POORNAMATHI N C & MARISH KUMARAN C M, A CRITICAL ANALYSIS OF PROBLEMS FACED BY BUILDING AND OTHER CONSTRUCTION WORKERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 615-618, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The building and construction industry is one of India’s largest economic sectors. However, workers in this field encounter various challenges impacting their health, safety, and overall well-being. These include unsafe working conditions, limited access to essential protective gear, low wages, job insecurity, and restricted access to social security benefits. Many construction workers operate in hazardous environments, leading to health risks and accidents. Additionally, the informal nature of the sector results in a lack of legal protection for a significant portion of the workforce. Other key concerns include inadequate training, worker exploitation, and the absence of a robust regulatory framework to safeguard their rights. This paper explores these issues, investigates their root causes, and suggests potential solutions to enhance working conditions and welfare programs. Through an in-depth analysis, the research aims to highlight the need for policy reforms and improved enforcement of labour laws to protect this crucial workforce.

The Indian construction industry employs nearly 50 million people, making it one of the country’s most significant sources of employment. However, workforce numbers fluctuate depending on government projects and economic trends. Approximately 80-90% of construction workers are engaged in the informal sector, lacking access to structured benefits such as healthcare, insurance, and pensions. Many work as daily wage labourers without contracts or job security. Additionally, fewer than 10% receive formal training or certification, contributing to lower productivity and increased risks of workplace accidents.

KEYWORDS: Building workers, construction sector, BOCW Act, occupational disease