MEDICAL NEGLIGENCE AND CORPORATE HEALTHCARE LIABILITY: A CRITICAL LEGAL ANALYSIS OF THE YASHODA HOSPITAL NEGLIGENCE CASES IN INDIA

AUTHOR – THOMAS ALEX, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – THOMAS ALEX, MEDICAL NEGLIGENCE AND CORPORATE HEALTHCARE LIABILITY: A CRITICAL LEGAL ANALYSIS OF THE YASHODA HOSPITAL NEGLIGENCE CASES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 476-480, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of medical negligence has become of great focus in the current healthcare systems, especially in such countries as India where the rise of the private corporate hospitals has changed the sphere of delivering medical care. Even though corporate hospitals offer state-of-the-art technology and special care, they also cast doubt on issues of accountability and patient rights as well as ethical medical practice. One of the institutions that have come into focus regarding this is the Yashoda Hospital which is a major Indian based institution in the sphere of healthcare provision, and has branches in various cities of India. Different lawsuits and consumer complaints have brought claims of carelessness, misbehaviour, and lack of commitment to the laid out medical practices. This essay reflects upon the legal aspect of medical negligence concerning the Yashoda Hospital cases that the consumer forums and courts in India have ruled. It discusses the legal principles in medical negligence, the standard of care that should be maintained by the medics and the liability of corporate hospitals as per the consumer protection law and the tort law. Special consideration is given to the cases when the appeals to the courts and consumer commissions resulted in compensation, and claims concerning the alleged negligence in surgical practice, in diagnosis and in post-operative treatment. The paper also talks about cases when allegations were quashed because there was no evidence or gross negligence was not in existence thus showing the legal standard in order to prove liability. In this study, the legal question that will be determined through the analysis of doctrine and the case law is how Indian courts are striking the balance between the rights of patients versus the professional autonomy of the doctor. It also reviews the purpose of consumer protection mechanisms in availing remedies to victims of medical negligence. Finally, the paper concludes that even though the judicial intervention has reinforced the rights of patients, the major structural issues still exist in the regulation of corporate healthcare institutions and ethical medical practice.

KEYWORDS: – Medical Negligence; Corporate Hospital Liability; Consumer Protection; Patient Rights; Standard of Care.

FORENSIC DNA FINGERPRINTING : RELIABILITY AND LEGAL ADMISSIBILITY IN INDIA

AUTHOR – JACOB JOE JEROME. E* & SUGITH KUMAR**

*STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – JACOB JOE JEROME. E & SUGITH KUMAR, FORENSIC DNA FINGERPRINTING : RELIABILITY AND LEGAL ADMISSIBILITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 464-475, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

DNA fingerprinting, also known as DNA profiling, is one of the most important scientific developments in modern forensic science. It refers to the process of identifying individuals based on unique patterns in their deoxyribonucleic acid (DNA). Since every individual, except identical twins, possesses a distinct genetic profile, DNA analysis has become a powerful tool in criminal investigations, paternity disputes, disaster victim identification, and other legal proceedings. The technique was first developed by Alec Jeffreys in 1984, which revolutionized forensic identification across the world. In India, the advancement of DNA fingerprinting was significantly influenced by the pioneering work of Lalji Singh, who developed indigenous DNA profiling techniques suited to Indian conditions.

Within the Indian legal system, the admissibility of DNA evidence is primarily recognized under the provisions of the Indian Evidence Act, 1872, particularly Sections 45 and 51 relating to expert opinion. Over the years, Indian courts have increasingly relied on DNA evidence in criminal and civil matters, including rape cases, murder investigations, and paternity disputes. Judicial decisions such as Selvi v. State of Karnataka and Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik demonstrate the growing recognition of DNA profiling as reliable scientific evidence.

Despite its high accuracy and evidentiary value, the use of DNA fingerprinting in India faces several challenges. These include inadequate forensic infrastructure, delays in laboratory analysis, lack of trained personnel, and concerns regarding privacy and misuse of genetic data. Furthermore, the absence of a comprehensive legal framework governing DNA technology creates regulatory gaps. Therefore, strengthening forensic facilities, ensuring proper procedural safeguards, and implementing clear legislative guidelines are essential for enhancing the reliability, admissibility, and ethical use of DNA evidence in the Indian criminal justice system.

“PIL-A FACET OF CONSTITUTIONAL LAW MAKING”

AUTHOR – BHAGYADA P. UBALE, LLM STUDENT OF DES’S SHREE NAVALMAL FIRODIA LAW COLLEGE PUNE,

BEST CITATION – BHAGYADA P. UBALE, “PIL-A FACET OF CONSTITUTIONAL LAW MAKING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 458-463, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

     PIL is a vital tool to enforce the human rights of those  people who do not have access to them due to poverty or such other reasons. The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s.The concept of Public Interest Litigation (PIL) was introduced in India in the early 1980s.Justice V.R. Krishna Iyer and Justice P.N. Bhagwati  were the pioneers of the concept of PIL in India. The present status of PIL highlights its dual nature as a catalyst for constitutional law development and a potential source of systemic strain on the judiciary.Public Interest Litigation (PIL) is a significant facet of constitutional law-making in India. It empowers courts, under Articles 32 and 226, to address issues affecting public welfare by interpreting and expanding the scope of Fundamental Rights. Through PILs, the judiciary has shaped policies and legal norms, such as guidelines.The use of Public Interest Litigation (PIL) as a tool for constitutional law-making raises issues regarding judicial overreach and its effect on the separation of powers in India’s governance structure.Public Interest Litigation (PIL) serves as a significant tool for constitutional law-making in India, influencing legal interpretations, policy frameworks, and the balance of power between the judiciary and legislature. Establish stricter guidelines to differentiate genuine PILs from frivolous or personal interest petitions to prevent misuse.This research will contribute to understanding how PIL affects the development of constitutional principles, the rule of law, and democratic balance.

  Key Words – PIL, Facet, Constitution, Law, Human rights,Article 32,Fundamrntal rights.

LEGAL CHALLENGES OF DNA EVIDENCE ADOPTION IN INDIAN COURTS – A CRITICAL EXAMINATION OF EVIDENTIARY, CONSTITUTIONAL, AND INSTITUTIONAL DIMENSIONS

AUTHOR – DEEKSHA DEEP.S* & MS. HEMAVATHY**

*STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – DEEKSHA DEEP.S & MS. HEMAVATHY, LEGAL CHALLENGES OF DNA EVIDENCE ADOPTION IN INDIAN COURTS – A CRITICAL EXAMINATION OF EVIDENTIARY, CONSTITUTIONAL, AND INSTITUTIONAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 449-457, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BKZF6980

ABSTRACT

The progressive integration of deoxyribonucleic acid (DNA) evidence into criminal adjudication represents one of the most significant forensic advancements of the modern era. In India, however, this integration has proceeded far more tentatively than in comparable common law jurisdictions, owing to a confluence of legislative gaps, constitutional anxieties, institutional limitations, and deep-rooted societal apprehensions. This article offers a systematic analysis of the principal legal obstacles confronting the adoption of DNA evidence in Indian courts. It maps the current statutory landscape—spanning the Bharatiya Sakshya Adhiniyam, 2023,^[1] the Bharatiya Nagarik Suraksha Sanhita, 2023,^[2] and recent statutory developments such as the DNA Technology (Use and Application) Regulation Bill, 2019^[3]—against the constitutional guarantees enshrined in Articles 20(3), 21, and 14 of the Constitution of India.^[4] The article examines judicial attitudes toward DNA evidence, explores issues of consent, chain of custody, laboratory accreditation, and the risks of wrongful profiling, and situates the Indian predicament within a broader comparative framework. It concludes that a constitutionally calibrated, rights-sensitive legislative architecture is an urgent necessity if India is to harness the probative power of DNA evidence without sacrificing the values of personal liberty and equal protection .

Keywords: DNA evidence, Bharatiya Sakshya Adhiniyam, Bharatiya Nagarik Suraksha Sanhita, forensic science, privacy rights, chain of custody, DNA Technology Bill 2019, constitutional law, criminal justice

LEGAL CHALLENGES IN PROSECUTING CYBERCRIME UNDER THE INFORMATION TECHNOLOGY ACT, 2000

AUTHOR – ADITI SINGH* & MUDRA SINGH**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – ADITI SINGH & MUDRA SINGH, LEGAL CHALLENGES IN PROSECUTING CYBERCRIME UNDER THE INFORMATION TECHNOLOGY ACT, 2000, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 445-448, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MPNN3001

ABSTRACT

The expansion of digital technologies and the rapid growth of internet accessibility in India have significantly contributed to the increase in cyber-related offences such as hacking, identity theft, cyber fraud, cyber terrorism, and online harassment. The Information Technology Act, 2000 serves as the primary legislation governing cyber offences in India and provides a legal framework for addressing crimes committed through digital means.

Despite the existence of this statutory framework, the prosecution of cybercrime continues to encounter several legal and procedural obstacles. These challenges include jurisdictional complexities, difficulties in establishing the admissibility of electronic evidence, limited technical expertise among investigative authorities, delays in investigation and trial, and inadequacies in the existing legislative provisions.

This research paper critically examines these challenges and highlights the need for stronger institutional mechanisms, updated legislation, and improved technological capabilities in order to enhance the effectiveness of cybercrime prosecution in India.
Keywords: Cybercrime, Information Technology Act 2000, Electronic Evidence, Jurisdiction, Cyber Law

CRITICAL ANALYSIS OF CHILDREN’S LEGAL AUTONOMY IN JUDICIALAND MEDICAL DECISION MAKING ACROSS SELECTED JURISDICTIONS

AUTHOR – SHREYA THOMAS, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SHREYA THOMAS, CRITICAL ANALYSIS OF CHILDREN’S LEGAL AUTONOMY IN JUDICIALAND MEDICAL DECISION MAKING ACROSS SELECTED JURISDICTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 430-444, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YHLA5319

ABSTRACT

This research paper provides a detailed analysis of key developments in the formal recognition of and actual engagement with children’s legal autonomy within the context of the evolution of judicial, and medical, decision-making across certain jurisdictions. Supported by international human rights instruments, and especially the United Nations Convention on the Rights of the Child, the paper looks at legislation and landmark case law that articulate children’s rights to participation in decision-making, as well as capacity-based consent models. While legislation and the courts have recognized children as right-holders who gain developing capacities, the applicability of such provisions is often inconsistent, and is made even more murky by the use of subjective capacity assessments, social and cultural attitudes, institutional barriers, and the training afforded to professionals in contrasting sectors. Against this background, the paper also aims to clarify the persistent tensions between provision of protective oversight and the respect for developing autonomy, and to indicate how supportive, child-centered, strategies recognize this tension by treading the delicate line between empowerment and safeguarding. Finally, it identifies notable gaps between the legal ideals professed, and the practice in situ, especially in the context of the most marginalized children. It is suggested that more thought be given to standards of clarification in the law, judicial education, and institutional reform, to support children to participate meaningfully in decision making contexts.  Ultimately, we offer recommendations aimed at ameliorating these gaps in order to advance children’s rights to participate meaningfully and in a manner that supports self-determination in their lives, in both legal and health care contexts.

Keywords: children’s legal autonomy, judicial decision-making, medical decision-making, capacity-based consent, participatory rights, evolving capacities, Gillick competence, mature minor doctrine, child rights, child protection law

RETHINKING JUVENILE JUSTICE THROUGH THE LENS OF NEUROSCIENCE

AUTHOR – SHAINA MARIAM PRASAD, STUDENT (LAW) AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SHAINA MARIAM PRASAD, RETHINKING JUVENILE JUSTICE THROUGH THE LENS OF NEUROSCIENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 419-429, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ZGFD1281

Abstract

The intersection of neuroscience juvenile justice has emerged as a critical frontier. In addressing the persistent recidivism rates among children in conflict with law (ccl), traditional punitive approaches have demonstrated that they are of limited effectiveness.  With recidivism rates ranging from 40 to 65% globally, recent advances in adolescent brain development research suggest that neuropsychology informed interventions may offer better outcomes.

This study examines the differential effectiveness of traditional versus neuropsychology, informed approaches in juvenile justice systems, analysing how the international best practices and neuroscience-based interventions to identify factors, contributing to significant reductions in repeat offending.

A comprehensive systematic review was conducted analysing peer review literature, government reports and international juvenile justice data from 2000-2025. Along with comparative analysis, focusing on recidivism rates,  intervention effectiveness,the long-term outcomes across jurisdictional approaches.

Countries that have been implementing neuropsychology informed approaches demonstrated substantially lower residence rates, Norway 18% within 2 years and Scotland 22.4% compared to traditional punity systems in the United States, 55 to 65% within 12 months and Canada, 40 to 60%. science-based interventions, incorporating neuroscientific principles show promising results. Multi systemic therapy, 25 to 70% reduction. Functional family therapy, 35% felony reduction. and\n Trauma informed care approaches demonstrate significant improvements in behavioural outcomes of the youth.

Neuropsychology informs juvenile justice approaches consistently outperform the traditional punitive methods in reducing recidivism, implementation of evidence-based interventions that are grounded in adolescent brain development. Research offers a substantial promise for improving rehabilitation outcomes and reducing societal costs.

Keywords

juvenile justice, neuroscience, recidivism, adolescent brain development, evidence-based interventions, rehabilitation

UNIFORM CIVIL CODE: IN RELATION TO MARRIAGE LAWS IN INDIA

AUTHOR – SHREYAS BASAVARAJ MAIGOOR, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SHREYAS BASAVARAJ MAIGOOR, UNIFORM CIVIL CODE: IN RELATION TO MARRIAGE LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 410-418, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The debate on the Uniform Civil Code (UCC) regarding marriage laws in India is critically analyzed here with an emphasis on the conflict between constitutional equality and religious freedom. It examines the divided regime of personal marriage legislation over Hindus^[1], Muslims^[2], Christians, and Parsis and the alternative secular regime under the Special Marriage Act, 1954^[3]. In a doctrinal and comparative legal approach, the research analyzes constitutional provisions, statutory schemes, and judicial pronouncements such as Shah Bano^[4], Sarla Mudgal,^[5] and Shayara Bano. The observations bring to light systemic gender discrimination, non-uniform rights, and the absence of uniformity, all of which compromise constitutional protection under Articles 14, 15, and 21^[6]. The study also addresses the role of the judiciary, the conservative approach of the Law Commission, and comparative experiences from other pluralist societies. Recommendations entail gradual reforms, consolidation of secular choices, preparing a model uniform marriage code, and assigning priority to gender justice. The paper concludes that even as a UCC’s immediate countrywide implementation is politically delicate, the gradual, participative, and consensus-based reforms can balance pluralism with constitutional visions of equality, justice, and secularism.

KEY WORDS – Uniform Civil Code, Marriage Laws, Constitutional Law, Gender Justice, Religious Freedom, Equality, Supreme Court, Secularism, Law Commission, Goa Civil Code.

---

[1] Hindu Marriage Act, 1955.

[2] Muslim Personal Law (Shariat) Application Act, 1937.

[3] Special Marriage Act, 1954.

[4] Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556; AIR 1985 SC 945.

[5] Sarla Mudgal v. Union of India, (1995) 3 SCC 635; AIR 1995 SC 1531.

[6] Constitution of India, Articles 14, 15, 25–28, and 44.

CRITICAL ANALYSIS: DOMESCTIC VIOLENCE AN ITS LEGAL PROTECTION IN INDIA

AUTHOR – AKSHAYA MPS* & HEMAVATHY D**

* STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

** PROFESSOR AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AKSHAYA MPS & HEMAVATHY D, CRITICAL ANALYSIS: DOMESCTIC VIOLENCE AN ITS LEGAL PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 405-409, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Domestic violence is one of the most serious social and legal issues affecting individuals worldwide, particularly women. It includes physical, emotional, sexual, psychological, and economic abuse within domestic relationships. In India, domestic violence was historically treated as a private family matter, but growing awareness and activism have led to stronger legal protections. The enactment of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) marked a significant milestone in addressing violence against women within households. The Act provides civil remedies such as protection orders, residence orders, custody orders, and compensation to victims.

Despite the existence of various laws and legal frameworks, domestic violence continues to remain widespread due to social stigma, lack of awareness, and weaknesses in implementation. This research paper examines the concept of domestic violence, the legal framework for protection, the role of courts, and the challenges faced in enforcing laws. It also evaluates the effectiveness of legal remedies and suggests reforms to improve protection for victims.

Women form the largest group of victims of domestic violence since time immemorial and violence against women still continue even in the 21st century. Women from every social background irrespective of their age, religion, caste, or class fall victim to domestic violence. However domestic violence is not just limited to women; men, children and elderly people can also be victims of it.

Domestic violence occurs at all levels of society and in all population groups.

In India, 30% women have experienced domestic violence at least once from the age of 15, and around 4 percent of pregnant women have even experienced spousal violence during pregnancy.

Key Words:  Domestic violence, Legal issues, civil remedies, victims, Awareness, Women, Society etc,,.

GLOBAL REGULATORY DIVERGENCE ON CRYPTO: – “A STUDY OF MICA (EU), PSA (SINGAPORE), AND THE CLARITY ACT (USA) VS. INDIA’S CONTAINMENT MODEL”

AUTHOR – DURGA SREE.P* & MR. JINESH M**

* STUDENT AT SCHOOL OF LAW, VISTAS

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VISTAS.

BEST CITATION – DURGA SREE.P & MR. JINESH M, GLOBAL REGULATORY DIVERGENCE ON CRYPTO: – “A STUDY OF MICA (EU), PSA (SINGAPORE), AND THE CLARITY ACT (USA) VS. INDIA’S CONTAINMENT MODEL”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 393-404, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/KNVC8879

Abstract

Rising numbers of virtual currencies have thrown old laws and money systems into disarray across nations. Even though many people in India trade digital coins, clear rules are still missing taxes apply but full approval does not exist. Looking closely at court decisions reveals how interpretations shape what is allowed. Some parts of the Constitution matter more when deciding if controls fit with citizen rights. Tax policies shift often, reacting to new trends rather than guiding them. Foreign models give hints about possible directions local policy might take. Comparing global approaches shows which methods hold up under scrutiny. How judges rule today could define boundaries tomorrow. Rules grow slowly, shaped by both public use and government caution.

From 2013 to 2017, Indian regulators approached virtual digital assets with hesitation. Then came a shift between 2018 and 2020 marked by outright ban attempts followed by courtled pushback. During that time, banks were told to cut ties with crypto firms because of risks feared by authorities¹. Yet such a move did not last long once legal challenges reached higher courts. A turning point arrived through a key decision delivered by the country’s top judges in 2020². That ruling struck down the central bank’s directive on grounds it went too far. Still, the bench made clear that oversight powers still belong to governing bodies when stability is at stake. Years after, new rules began forming not just reactive but built around taxes and reporting duties. This phase, spanning 2021 to 2023, focused more on tracking than banning. Now, future changes loom again under proposed amendments set forth in the 2025 finance legislation³. These aim to reshape how such assets are officially described within law. So what started as wariness turned into structured control, shaped heavily by one pivotal verdict.

A fresh look at the Finance Act, 2022 digs into how new tax rules hit digital asset trades hard Section 115BBH⁵ slaps a blunt 30% charge, while section 194S carves out a 1% cut right at source, blocking any chance to balance losses. These moves, applied before clarity exists, stir confusion, pushing users away, makes following rules tougher, also triggered questions about fairness tied to Article 19(1)(g). On another front, the examination checks whether India lines up with global norms by folding virtual assets into money laundering controls via the 2002 law⁷, along with guidance shaped by FATF. Comparing MiCA, Singapore, and U.S. frameworks highlights gaps in India’s strict digital asset approach. A dedicated regulator and tailored legislation could provide clarity, ensure user safety, and support innovation through smarter structure.