“CYBER FRAUD AND BANK LIABILITY”

AUTHOR – ISHITA AHLUWALIA, STUDENT AT AMITY UNIVERSITY

BEST CITATION – ISHITA AHLUWALIA, “CYBER FRAUD AND BANK LIABILITY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 265-277, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The expansion of digital banking and online financial services has increased the risk of cyber fraud, which is posing legal and regulatory challenges to the banks and customers. Cyber fraud comprises unauthorized electronic transactions, phishing, identity theft, malware, and online payment system fraud, leading to considerable financial loss to the customers. In such cases, the liability of the banks is a complex legal issue that is often involved in the cases of cyber fraud. This study aims to focus on the legal framework of cyber fraud and the liability of the banks, with special reference to the regulatory mechanism adopted by the Reserve Bank of India and the provisions of the Information Technology Act 2000, the Banking Regulation Act 1949, etc.

The paper also deals with the responsibilities of banks in the enforcement of cybersecurity measures, protection of customer information, and the provision of prompt grievance redressal facilities. Furthermore, the paper discusses the interpretations of laws that establish the liability of banks in instances of unauthorized online transactions. The research emphasizes the need to strengthen the regulations, cybersecurity, and consumer awareness to avert cyber fraud. Strengthening the legal and regulatory system would be critical in this context to ensure accountability, consumer protection, and trust in the system.

The purpose of this study is to explore the legal issues involved in cyber fraud and analyze the regulatory environment with respect to the liability of banks for unauthorized digital transactions. The study is focused on the legal responsibilities of banks with regard to providing appropriate cybersecurity solutions, safeguarding sensitive customer information, and ensuring secure digital banking services. Additionally, the study aims to evaluate the role of regulatory bodies such as the Reserve Bank of India in formulating guidelines and policies for mitigating cyber threats in the banking industry. Lastly, the study will also discuss some of the relevant provisions under the Information Technology Act, 2000, Banking Regulation Act, 1949, and consumer protection legislation, which are useful in determining the extent of bank liability.

Keywords: Cyber Fraud, Bank Liability, Digital Banking, Cybersecurity Regulation, Consumer Protection, Unauthorized Transactions, Financial Fraud.

“REPRODUCTIVE JUSTICE IN INDIA: LEGAL BARRIERS, ETHICAL DILEMMAS, AND HUMAN RIGHTS ISSUES IN SURROGACY, ABORTION, AND ASSISTED REPRODUCTIVE TECHNOLOGIES (ART)”

AUTHOR – RAGHAV AGARWAL* & DR. ROHIT KUMAR SHUKLA**

* BA LLB (H) FROM AMITY LAW SCHOOL, LUCKNOW CAMPUS.

** ASSISTANT PROFESSOR FROM AMITY LAW SCHOOL, LUCKNOW CAMPUS

BEST CITATION – RAGHAV AGARWAL & DR. ROHIT KUMAR SHUKLA, “REPRODUCTIVE JUSTICE IN INDIA: LEGAL BARRIERS, ETHICAL DILEMMAS, AND HUMAN RIGHTS ISSUES IN SURROGACY, ABORTION, AND ASSISTED REPRODUCTIVE TECHNOLOGIES (ART)”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 251-264, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I628

ABSTRACT

Talk about control over reproduction now stirs tough debates across India’s courts. Where people’s choices meet society’s rules, new medicine often adds more questions than answers. Looking close at surrogacy, ending pregnancies, and fertility treatments shows how law can block basic dignity. Each topic stands connected – laws on one shape what happens in another. When court rulings limit access here, lives shift there. Medical progress moves fast, yet laws drag behind, leaving real harm in their wake. Personal freedom around having children faces constant pushback from outdated systems. Decisions made far from hospital rooms still echo inside them. Bodies become battlegrounds when policy ignores lived reality. Rules meant to protect sometimes do exactly the opposite.

Lately, India passed big new rules about surrogacy, fertility tech, and abortion – laws like the 2021 Surrogacy Act, the ART Regulation Act, and changes to the Medical Termination of Pregnancy law. These came with promises to stop abuse, protect patients. Yet at the same time, limits built into them stir worries about fairness, freedom, basic rights. Because of that, questions grow louder: do they truly help people make their own health choices? Or does power shift too much toward government oversight? A close look reveals tensions between care and control baked deep into each policy.

Keywords :  Reproductive Justice, Surrogacy Rules in India, Abortion Rights, Assisted Reproductive Technologies, Article 21 and the Right to Control One’s Body, Human Rights Include Reproductive Decisions

EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES

AUTHOR – KAMAL JANGRA* & DR SHUBHAM SINGH BANGLA**

* STUDENT AT SRM UNIVERSITY, HARYANA

** PROFESSOR AT SRM UNIVERSITY, HARYANA

BEST CITATION – KAMAL JANGRA & DR SHUBHAM SINGH BANGLA, EMPLOYMENT INEQUALITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CHALLENGES AND POLICY RESPONSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 245-250, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) is transforming labour markets across the world by increasing efficiency, automating routine tasks, and reshaping employment structures. While AI offers opportunities for productivity growth and innovation, it has also intensified employment inequality by disproportionately affecting low-skilled workers, women, informal labourers, and economically weaker sections. The replacement of repetitive jobs, unequal access to digital skills, and concentration of technological benefits among highly skilled professionals have widened income and opportunity gaps. In developing countries such as India, these challenges are further aggravated by informality, inadequate social security, and digital divide. This article examines the relationship between AI adoption and employment inequality, focusing on job displacement, wage polarization, algorithmic discrimination, and regional disparities. It also evaluates the adequacy of existing labour laws and policy frameworks in addressing these concerns. The study argues that inclusive regulation, reskilling initiatives, and equitable technological governance are essential to ensure that AI promotes shared prosperity rather than deepening labour market inequality.

CHILDREN’S RIGHTS IN DETENTION: EVALUATING COMPLIANCE WITH UNCRC STANDARDS

AUTHOR- ARADHYA KUMAR* & MR AMBER SRIVASTAVA**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007

** ASST. PROF., LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007

BEST CITATION – ARADHYA KUMAR & MR AMBER SRIVASTAVA, CHILDREN’S RIGHTS IN DETENTION: EVALUATING COMPLIANCE WITH UNCRC STANDARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 232-244, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of how children’s rights are protected while they are in detention has become one of the most significant areas of concern around the world. It goes hand in hand with the overall international recognition of the rights children have, which is well presented by the United Nations Convention on the Rights of the Child (UNCRC). The Convention provides a wide range of standards, e.g. detention should be used only as a last resort, humane treatment, separate from adults, access to education, health care, legal assistance, and effective monitoring. However, in practice, compliance is uneven across different jurisdictions. This article reviews the degree to which actual detention practices are compatible with the requirements of the UNCRC and indicates those areas where there are still gaps in protection.

The research, through a rights-based analytical framework, surveys the minimum living conditions, the guarantees of due process, and the protection mechanisms within the institution as stipulated by international law. It draws attention to the issues that have been there for a long time, e.g. overcrowding, lack of sufficient personnel, poor provision of mental-health services, and the limited participation of children in decision-making processes. Besides, the article points out that on the systemic level there are obstacles that make it difficult for the measures taken to bring about the desired effect. These include weak supervision, poor accountability mechanisms, and cultural or administrative biases that still do not give up the punitive approach while ignoring the rehabilitative one.

While delving into worldwide trends and compliance gaps, the piece puts forward the idea of switching to restorative, child-centred justice models which would foremost facilitate the use of non-custodial alternatives, the application of trauma-informed care, and the strengthening of monitoring systems. Legislative harmonisation is only one of the prerequisites for the successful implementation of UNCRC standards, there are also structural reforms, capacity building and political will that need to be present.

In conclusion, the article reiterates that putting children’s rights first in detention situations is not only prescribed by law but also constitutes a moral obligation, which is at the core of granting dignity, rehabilitation and eventual reintegration of each detained  child.

Keywords: Children’s Rights in Detention; UNCRC Compliance; Juvenile Justice System; Due Process and Child-Centred Justice

REGULATING THE DIGITAL RUPEE: BALANCING PRIVACY AND INSTITUTIONAL CONTROL IN INDIA’S CBDC FRAMEWORK 

AUTHOR – DIVYADITYA SINGH JADAUN* & PROF DR ANIL DIXIT**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** PROFESSOR, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – DIVYADITYA SINGH JADAUN & PROF DR ANIL DIXIT, REGULATING THE DIGITAL RUPEE: BALANCING PRIVACY AND INSTITUTIONAL CONTROL IN INDIA’S CBDC FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 221-231, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With a single move, India’s introduction of the Digital Rupee literally changes the entire Indian financial system. The country is now a front runner for the global Central Bank Digital Currency (CBDC) experiments. Intended as a supplement to the already existing digital payment instruments, the Digital Rupee is expected to make transactions quicker, less expensive, and more accessible to the unbanked population. Besides, it is supposed to decrease the economy’s reliance on cash in circulation. The questions behind this endeavour are, however, far, reaching in terms of regulation, constitution, and technology which the authors express in their article. This article constitutes a thorough analysis of the legal regime that governs the implementation of CBDC in India and especially with respect to the issues regulated innovation, confidentiality and state control. It questions whether the current statutory measures, which include the RBI Act, Payment and Settlement Systems Act, and Information Technology Act, are sufficient to govern the Digital Rupee, while also contemplating that there are gaps which require a separate legal framework. The article is devoted to privacy issues in shadow of the Supreme Court’s judgment in Puttaswamy, by which it points out dangers of transaction, level surveillance, data centralisation, and excessive state control. Besides, it weighs the conflict between the programmability of the account and the individual freedom, the AML/KYC obligations’ role, and the requirement for strong cybersecurity standards. 

In the end, the authors affirm that the Digital Rupee is packed with revolutionary potentials, yet the question of its permanence and eventual acceptance will be decided by the extent to which privacy, by, design principles, open governance, and explicit statutory safeguards are incorporated into it. Thus, a well, balanced regulatory model will not only stimulate innovation, but also preserve constitutional rights, so that India’s CBDC framework will be inclusive, accountable, and future, ready. 

Keywords: Digital Rupee; Central Bank Digital Currency (CBDC); Financial Regulation; Privacy Rights; Institutional Oversight.

PATENT RIGHT AND ACCESS TO MEDICINES IN INDIA: RECONCILING INNOVATION WITH PUBLIC HEALTH IMPERATIVES

AUTHOR – ISHANI, STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH, INDIA

BEST CITATION – ISHANI, PATENT RIGHT AND ACCESS TO MEDICINES IN INDIA: RECONCILING INNOVATION WITH PUBLIC HEALTH IMPERATIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 214-220, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

Protection of patents and availability of medications has been one of the most important legal and legislative issues in India. Patent laws protect pharmaceutical discoveries by giving innovators exclusive rights to a unique drug for some period of time and a financial incentive to pursue research and development. But this exclusivity leads to high pricing that renders vital treatments expensive to the vulnerable segments of the population. The fundamental problem in a developing country like India, where the need for cheap health care is still huge, is how to strike a fair balance between the protection of intellectual property and the interests of public health.

India has built a unique and balanced system under the Patents Act, 1970 as amended in 2005 to meet the commitment under the TRIPS Agreement. The law provides for product patent for pharmaceuticals and forbids the misuse of monopoly power. Subsection 3(d) forbids evergreening or patenting of trivial variations of existing medications unless they show increased clinical efficacy. Section 84 on compulsory licensing also permits the manufacture of patented drugs without the approval of the patent owners if the products are sold at excessive costs or are not available to the public in sufficient quantities. They represent India’s wish to have patent law serve the cause of social progress, not only the private gains of business.

Judicial statements have also maintained the balance. In Novartis AG v Union of India, the Supreme Court ruled that only actual and substantial advances as envisaged under section 3(d) of the Patent Act are to be granted patent protection. India’s first compulsory licence in Bayer Corporation v. Natco Pharma Ltd led to a substantial fall in the price of a key anti-cancer drug. In the rulings it is said that right to life under Article 21 of the Constitution cannot be separated from the right to access healthcare.

Keywords : Access to Medicines, Compulsory Licensing, Evergreening,  Innovation, Patent Rights, Pharmaceutical Patents, Public Health, Section 3(d), TRIPS Agreement.

IS PARODY A CRIME OR A CRITIQUE? RETHINKING FAIR DEALING UNDER INDIAN COPYRIGHT LAW

AUTHOR – HARSHAVARDHAN NANGRE & KIMAAYA HADKE

* STUDENTS AT MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

BEST CITATION – HARSHAVARDHAN NANGRE & KIMAAYA HADKE, IS PARODY A CRIME OR A CRITIQUE? RETHINKING FAIR DEALING UNDER INDIAN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 210-213, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I623

Introduction

A close reading of Section 52(1)(a) of the Copyright Act, 1957^[1] (‘Act’ hereinafter) reveals a narrowly constructed approach to ‘fair dealing’, unlike the more accommodative ‘fair-use’ recognised in the US^[2]. It considers fair-dealing to be used only for any personal use, criticism or to review and report current events and leaves parodies and satire out of its purview, making them exposed to legal threats and forceful takedowns even when the work is socially valuable.^[3] Keywords – Copyright Law, Fair Dealing, Parody and Satire, Freedom of Expression, Indian Copyright Jurisprudence

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[1] The Copyright Act, 1957, § 52(1)(a), No. 14, Acts of Parliament, 1957 (India).

[2] Sufiya Ahmed, Fair Dealing in Indian Copyright Law, 26 J. Intell. Prop. Rts. 96 (2021).

[3] Soutik Biswas, Munawar Faruqui: Is It Dangerous to Crack a Joke in India?, BBC News (Nov. 30, 2021).

LEGAL FRAMEWORK FOR DRUG LAWS

AUTHOR – PRABHAT MAURYA, LAW STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – PRABHAT MAURYA, LEGAL FRAMEWORK FOR DRUG LAWS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 201-209, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The drug regulations of India fall within the category of the most stringent and probably, the most complicated, regulatory systems in the world. The entire system revolves around the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and is specifically designed to prevent the four basic stages, which are, the cultivation, production, trafficking, and consumption of narcotic and psychotropic substances. The initial purpose of the system is an anti, drug one, but nowadays, changes and court rulings have brought the issue to a framework of strict liability, high standard of proofs and harsh punishments, especially in cases involving commercial quantities. Nevertheless, even if the strategy is mostly preventive, the drug enforcement agencies are still encountering numerous obstacles among which procedural inconsistencies, arrest powers abuse, over, criminalization of drug, dependent individuals and delays in forensic examination are the most prominent ones. This paper deals with the past, the current legal framework, the enforcement and judicial developments of the Indian drug law regime, suggesting that there are considerable gaps and reforms are necessary. Furthermore, it asserts that a fair, research, led policy model which not only supports the fight against the drug networks but also safeguards the rights of drug, dependent individuals and facilitates their rehabilitation is the way forward.

Keywords: Narcotic Drugs and Psychotropic Substances Act (NDPS Act), Drug Control Laws in India, Drug Trafficking and Enforcement

“COOPERATIVE FEDERALISM IN INDIA: CONSTITUTIONAL VISION, CONTEMPORARY PRACTICE, AND THE REALITY OF CENTRE–STATE RELATIONS”

AUTHOR – SIDDHARTH RAJ, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SIDDHARTH RAJ, “COOPERATIVE FEDERALISM IN INDIA: CONSTITUTIONAL VISION, CONTEMPORARY PRACTICE, AND THE REALITY OF CENTRE–STATE RELATIONS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 192-200, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I621

ABSTRACT

Cooperative federalism in India represents a constitutional vision that seeks to harmonise the distribution of powers between the Union and the States while promoting coordination, mutual respect, and shared responsibility in governance. “The Constitution of India establishes a federal structure with a strong unitary bias, reflected in the division of legislative, administrative, and financial powers under the Seventh Schedule, the presence of a single Constitution, and emergency provisions.” Despite this structural asymmetry, the framers envisaged cooperation rather than competition as the guiding principle of Centre–State relations, recognising India’s socio-economic diversity and the need for national unity alongside regional autonomy. “Cooperative federalism in India is a concept where national, state, and local governments work together to address common problems.” In contemporary practice, cooperative federalism has evolved through institutional mechanisms such as the “Inter-State Council, Finance Commission, Planning Commission (and later NITI Aayog), and GST Council”, which aim to facilitate dialogue, fiscal coordination, and policy convergence between different levels of government. “Judicial interpretation has also played a crucial role in shaping cooperative federalism, with the Supreme Court emphasising federal balance, constitutional morality, and the importance of consultation in landmark cases concerning legislative competence, fiscal autonomy, and the use of central powers under Articles 256, 356, and 365”.

Thus, cooperative federalism in India remains a dynamic and contested concept, balancing constitutional ideals with political and administrative realities. Strengthening genuine dialogue, fiscal transparency, and respect for constitutional boundaries is essential to transform cooperative federalism from a normative aspiration into a lived constitutional reality.

Keywords: “Cooperative Federalism, Competitive Federalism, Indian Constitution, Centre-State Relations, NITI Aayog, Goods and Services Tax, Inter-State Council.”

WHETHER INDIA’S NEW LABOUR REFORMS SIGNIFY MERE STRUCTURAL REARRANGEMENT OR SUBSTANTIVE LEGISLATIVE REFORM

AUTHOR – BHUVANESH J, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – BHUVANESH J, WHETHER INDIA’S NEW LABOUR REFORMS SIGNIFY MERE STRUCTURAL REARRANGEMENT OR SUBSTANTIVE LEGISLATIVE REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 181-191, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

India has made a considerable attempt towards consolidating its labour laws with the passing of four Labour Codes in 2020; an attempt which reflects a change in approach from fragmented labour welfare laws to codified ones. While all four Codes have been passed in the year 2020, their application has been slow and is still dependent on the notification of rules by the relevant authorities; a process which is gradually taking place. This move has been viewed as a significant move towards the rationalization and modernization of labour legislation in India.

Against this background, the main purpose of the current paper is to critically analyse if the above-mentioned codification of the labour laws amounts to mere reorganization or legislative reform in substance. The specific aim is to determine whether there are any substantial changes that are being brought about by way of welfare or protection for the workers under the codes, or the codification is a mere restructuring of the previous laws.

The study has been conducted using doctrinal research method based on statutory analysis, secondary sources and judicial interpretation of prior labour laws. Additionally, the study has also involved a comparison between the pre-codified state of affairs and the present one.

It is through such an analysis that the paper assesses the similarities and differences in the laws with a special emphasis on aspects like protection of workers, implementation methods, and regulatory criteria.

The main focus of the study is to find out whether there is true legislative reform in the new labour legislation of India or whether it is just structural in nature.

Keywords: New labour reforms, substantive legislative reform, mere structural rearrangement.