SECTION 3(D) AND THE LIMITS OF PATENTABILITY: INDIA’S LEGISLATIVE RESPONSE TO PHARMACEUTICAL EVERGREENING

AUTHOR – BHUMIKA PANDEY, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), PUNE, MAHARASHTRA

BEST CITATION – BHUMIKA PANDEY, SECTION 3(D) AND THE LIMITS OF PATENTABILITY: INDIA’S LEGISLATIVE RESPONSE TO PHARMACEUTICAL EVERGREENING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 716-727, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

One of the most significant and internationally reviewed provisions in the pharmaceutical patenting arena in the world was brought by the Patents (Amendment) Act, 2005 in India, in the form of Section 3(d) of the Patents Act, 1970. The provision was enacted as a direct legislative reaction to the perceived menace of pharmaceutical evergreening and it is categorical in its denying of coverage of patent protection to novel forms of known substances except where a significant enhancement of therapeutic efficacy is proven. The present paper will develop a doctrinal and analytical discussion of Section 3(d) starting with its legislative background of the pre-TRIPS period of the Patents Act, 1970 to the compulsions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and finally its sound jurisprudential interpretation by the Supreme Court of India in Novartis AG v. Union of India. It contends in the paper that Section 3(d) is a reflective, constitutionally acceptable adjustment of the patent law towards promoting the best possible health outcomes rather than gradual pharmaceutical innovation. It also discusses how the provision has helped retain India as the pharmacy of the world, criticisms of the provision by multinational pharmaceutical firms and the United States Trade Representative, and how well the provision balances the flexibilities framework of the TRIPS Agreement. The paper concludes that Section 3(d) is a valid, justified and internationally important tool that other developing countries can contemplate making amendments in their own home based intellectual property systems.

Keywords: Section 3(d), evergreening, TRIPS flexibilities, Novartis v. Union of India, pharmaceutical patent, access to medicines, therapeutic efficacy, compulsory licensing.

THE DIGITAL AGE OF INVESTOR PROTECTION: ASSESSING THE MEASURES BY SEBI ON MISLEADING FINANCIAL ADVICE

AUTHOR – SATVIK SINGHAL, STUDENT AT LAW COLLEGE DEHRADUN/ UTTARANCHAL UNIVERSITY

BEST CITATION – SATVIK SINGHAL, THE DIGITAL AGE OF INVESTOR PROTECTION: ASSESSING THE MEASURES BY SEBI ON MISLEADING FINANCIAL ADVICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 710-715, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The accelerated growth of the digital platforms completely transformed our obtaining of financial information. A new breed of social media users (so-called fin-influencers) was born on social media such as YouTube, Instagram, Telegram, or Twitter. These individuals leave out investment advice to large masses without any college qualification or regulated professionalism. They have certainly made finance more affordable, but misleading or unproved advice,^[1] manipulation of the market, and pure exploitation of retail investors have been dispersed by them. India largely has squashed these risks through a set of rules introduced by SEBI, the primary securities regulator in India,^[2] to enhance investor protection. In the current paper, we closely examine the structure of SEBI to provide digital financial advice, primarily whether it works or not with the dubious suggestions of fin-influencers. We will examine existing regulations, implementation, and the obstacles and end with the recommendations on how to strengthen accountability and provide more protection to ordinary investors.

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[1] Nidhi Bothra, Regulation of Financial Influencers and Investor Protection in India, 5 Indian J. L. & Tech. 112 (2023). 

[2] Securities and Exchange Board of India Act, No. 15 of 1992, India Code. 

“JUDICIAL APPROACHES TO ORGANIZED CRIME: COMPARATIVE INSIGHTS FROM INDIAN AND AMERICAN COURTS”

AUTHOR – ANKIT TOMAR, LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – ANKIT TOMAR, “JUDICIAL APPROACHES TO ORGANIZED CRIME: COMPARATIVE INSIGHTS FROM INDIAN AND AMERICAN COURTS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 704-709, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

 The judicial reaction towards organized crime is a crucial factor in determining the efficacy of criminal justice systems. This paper represents a comparative study of judicial practices embraced in India and the United States in dealing with organized crime in the courts. It explores the use and interpretation of specialized legislations by the judiciary, the review of evidentiary standards and the proper balance of individual rights and the security of the nation. In India, courts like the Supreme Court of India have in many instances stressed procedural protections as they administer harsh legislation, such as MCOCA and UAPA. Conversely, U.S. courts, such as the U.S. Supreme Court, have established a strong jurisprudence based on both statutory and common law provisions, such as the RICO Act, on enterprise and conspiracy liability. The paper identifies crucial similarities, differences, and changing patterns, and concludes that judicial interpretation plays a vital role in determining the effectiveness of the anti-organized crime structures in the two courts.

A CRITICAL STUDY ON INDIVIDUAL CRIMINAL RESPONSIBILITY AND THE CRIME OF AGGRESSION: FROM THE NUREMBERG TRIALS TO THE KAMPALA AMENDMENTS

AUTHOR – SIDDARTH NANDAN HEGDE, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY, LAVASA, PUNE

BEST CITATION – SIDDARTH NANDAN HEGDE, A CRITICAL STUDY ON INDIVIDUAL CRIMINAL RESPONSIBILITY AND THE CRIME OF AGGRESSION: FROM THE NUREMBERG TRIALS TO THE KAMPALA AMENDMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 697-703, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I874

ABSTRACT

The article is concerned with the question of whether the revolutionary legal concept of individual criminal responsibility for the crime of aggression, developed at Nuremberg and Tokyo in 1945-1946, has been an effective universal norm or a device for upholding the status quo, and protecting the powerful against the prosecution of the powerless. The article builds on the pre-1945 legal framework, the Nuremberg and Tokyo tribunals, the post-war legal jurisprudence (Nicaragua, Iraq, Ukraine, Gaza), and the Kampala Amendments to the Rome Statute from 2010, and concludes that the enforcement of the prohibition on aggression has always been based on geopolitical power and not legal principle. The national exemption of Article 15bis(5) and the veto of the P5 on Security Council referrals are structurally similar to what Justice Radhabinod Pal had observed in his dissent in Tokyo in 1948. No prosecution has started in the seven years since the Kampala Amendments have come into force. The article ends with a plea for “structural candor,” that is, recognition that international criminal law is a law that can be imposed on the weak but not much on the middle powers, and applied selectively to great powers, without losing its moral imperative and without being complete in a political sense.

Keywords: Crime of Aggression, Nuremberg, Kampala Amendments, Pacta Sunt Servanda, ICC Article 8bis, P5 Veto, Justice Pal, Selective Justice, Nullem Crimen Sine Lege.

MENTAL HEALTHCARE IN RURAL INDIA: RIGHTS ON PAPER VS REALITY ON GROUND

AUTHOR – ADITI RAWAT* & ASHUTOSH MISHRA**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – ADITI RAWAT & ASHUTOSH MISHRA, MENTAL HEALTHCARE IN RURAL INDIA: RIGHTS ON PAPER VS REALITY ON GROUND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 690-696, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I873

Abstract

Mental healthcare in rural India tells us about one of the deepest loopholes within the Indian welfare system. While India has its own progressive legislation through the Mental Healthcare Act, 2017, millions of rural citizens continue to have a harsh reality in silence without any doctors, counselling, rehabilitation, or even dignity. The major gap between legal guarantees and ground realities reveals structural inequalities rooted in poverty, caste discrimination, illiteracy, social stigma, gender injustice, and weak healthcare infrastructure. This article critically examines mental healthcare in rural India through the view of Sustainable Development Goal 10 (Reduced Inequalities). It analyses constitutional protections, statutory safeguards, judicial interventions, and the implementation crisis affecting vulnerable communities. The article further explores the emotional, social, and economic consequences of untreated mental illness in villages and remote regions. By integrating legal analysis with a human rights perspective, the article argues that mental healthcare must be treated not merely as a medical concern but as a question of equality, dignity, and social justice in India.

Keywords: Mental Healthcare, Rural India, SDG 10, Mental Healthcare Act 2017, Right to Health, Rural Healthcare, Mental Illness, Social Justice, Public Health Policy, Community Mental Health, Human Rights

MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND LEGAL ANALYSIS

AUTHOR – SYED UWEZ, STUDENT AT RAMAIAH INSTITUTE OF LEGAL STUDIES

BEST CITATION – SYED UWEZ, MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 685-689, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Rape is considered as one of the most barbaric and heinous offence which affects the victim mentally and physically. Marital rape is an act of sexual violence in which the husband forces his wife to have sexual intercourse without her consent. This problem is not bound to any country or a region rather it’s a global problem which is neglected my many countries. India one of the country that does not recognize marital rape as a crime. The main reason for marital rape is due to patriarchal and male dominated society, where the husband tries to assert dominance on his wife. The old Indian Penal Code,1860 and the present Bharatiya Nyaya Sanhita, 2023 that readjusted the existing laws but failed to address marital rape in it. The main problem that arises is it gives the husband free consent over his wife ignoring her fundamental right of privacy. This research mainly focuses on the constitutional principles, judicial precedents for the need to criminalize marital rape and it also set forth the psychological and social consequence faced by the victims. Criminalizing marital rape is not only a legal necessity but a moral safeguard to a woman’s dignity.

This research examines how women resist the gender biases in law regarding marital rape. It shows while justice system provides a legal platform for women to raise voice and claim their rights it often fails to protect them fully and subject them again to injustice.

Keywords: marital rape, patriarchal, consent, wife.

SAMACHEER KALVI, THE THREE-LANGUAGE FORMULA, AND FISCAL PRESSURE: CONSTITUTIONAL DIMENSIONS OF LINGUISTIC FEDERALISM IN INDIA

AUTHOR – GURUDEV AG, STUDENT AT SCHOOL OF LAW, SASTRA UNIVERSITY

BEST CITATION – GURUDEV AG, SAMACHEER KALVI, THE THREE-LANGUAGE FORMULA, AND FISCAL PRESSURE: CONSTITUTIONAL DIMENSIONS OF LINGUISTIC FEDERALISM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 674-684, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I871

Abstract

The controversy over Tamil Nadu’s insistence on a two language policy and the union government’s recurring effort to introduce the three language policy is a constitutional dispute that refuses to age. This article examines this dispute through three lenses; First legislative power over education between Parliament and the State Legislatures under the Seventh Schedule; the fundamental rights engaged when children are compelled to learn a language as a condition of accessing publicly funded education; and at last the fiscal architecture through which the Union exerts quiet but powerful normative pressure on State curriculum choices without passing a single line of legislation. The Samacheer Kalvi scheme, introduced by Tamil Nadu in 2010, serves as the concrete site of analysis. The article argues that the conventional ‘voluntariness thesis’, that States are free to decline grant conditions is constitutionally inadequate. It ignores the structural fiscal dependency created by Centrally Sponsored Schemes, the basic structure protection of federalism, and the co-operative federalism principle articulated by the Supreme Court in S R Bommai. The article closes with proposals for a more constitutionally honest framework for managing language policy in a multilingual federal State.

Keywords:  linguistic federalism; three-language formula; Samacheer Kalvi; Seventh Schedule; fiscal federalism; minority language rights

A CRITICAL STUDY OF INSURANCE SECTOR LIBERALISATION IN INDIA WITH SPECIAL REFERENCE FDI REGIME, IRDAI REGULATORY CAPACITY AND POLICYHOLDER PROTECTION

AUTHOR – PRIYANSHU DIXIT* & DR. EKTA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY NOIDA

** ASSOCIATE PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY NOIDA

BEST CITATION – PRIYANSHU DIXIT & DR. EKTA GUPTA, A CRITICAL STUDY OF INSURANCE SECTOR LIBERALISATION IN INDIA WITH SPECIAL REFERENCE FDI REGIME, IRDAI REGULATORY CAPACITY AND POLICYHOLDER PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 659-673, APIS – 3920 – 0001 & ISSN – 2583-2344 DOI – https://doi.org/10.65393/IJLRV6I870

ABSTRACT

India’s successive liberalisation of foreign equity caps in the insurance sector culminating in a proposed ceiling of one hundred percent proceeds from the assumption that ownership restrictions are the principal impediment to sectoral development. The empirical record challenges that assumption with uncomfortable consistency: insurance penetration has stagnated at approximately four percent of GDP, and FDI inflows have persistently fallen short of legislative expectations, across the very period in which liberalisation was most actively pursued. This paper argues that the binding constraint is not the equity ceiling but the structural inadequacy of IRDAI’s regulatory capacity encompassing supervisory reach, enforcement consistency, group level oversight, and institutional independence. Through doctrinal analysis of the governing legal framework, comparative assessment of Singapore, Malaysia, the United Kingdom, and China as models of sequenced liberalisation, and empirical engagement with official data from IRDAI, DPIIT, and UNCTAD, the paper demonstrates that full foreign ownership, in the absence of commensurate regulatory preparedness, exposes policyholders to governance and systemic risks that the existing architecture is ill equipped to manage. Regulatory capacity building is not a consequence of liberalisation to be deferred .it is a precondition upon which the reform’s legitimacy depends.

Keywords: Foreign direct investment, insurance regulation, IRDAI, regulatory capacity, FDI liberalisation, policyholder protection, comparative insurance law

ARCHITECTURE OF THE STATUTORY FRAMEWORKS GOVERNING WOMEN’S RIGHTS

AUTHOR – NEHA SHARMA, STUDENT AT AMITY UNIVERSITY NOIDA UTTAR PRADESH

BEST CITATION – NEHA SHARMA, ARCHITECTURE OF THE STATUTORY FRAMEWORKS GOVERNING WOMEN’S RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 652-658, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I869

3.1 Introduction to the framework

The legal system governing women’s rights in India shows the dedication of the State to attain substantive equality and gender justice. Over the years, the legislature has passed several laws intended to shield women from social exclusion, violence, economic poverty and gender-based discrimination. These legislative efforts seek to fix historic inequities based in patriarchal social systems and seek to guarantee that women have equal status inside the family as well as in the society. Through several facets of law including family law, criminal law, labour law and property law, the legal system in India offers women protection. Legislation includes the Hindu Marriage Act of 1955, the Protection of Women from Domestic Violence Act of 2005, the Dowry Prohibition Act of 1961 and the Hindu Succession Act of 1956, depicting the legislative intent to ensure dignity, equality and protection for women. Similarly, criminal law clauses, formerly in the Indian Penal Code, 1973 and now in the Bharatiya Nyaya Sanhita, 2023, aim to discourage crimes like cruelty, sexual assault and harassment. The presence of progressive legislation, however, does not necessarily lead to social empowerment. Strong legal protections next to ongoing and persisting gender inequality, violence and discrimination creates a big paradox. This paradox begs big issues about the efficacy of legal protections and if law alone can change firmly ingrained social customs.

AN ANALYTICAL STUDY OF EMERGING CYBERSECURITY TRENDS AND THEIR CHALLENGES IN INDIA

AUTHOR – KARTIK* & DR. POOJA MISHRA**

* STUDENT AT SCHOOL OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH, INDIA

** PROFESSOR AT SCHOOL OF LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH, INDIA

BEST CITATION – KARTIK & DR. POOJA MISHRA, AN ANALYTICAL STUDY OF EMERGING CYBERSECURITY TRENDS AND THEIR CHALLENGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 641-651, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I868

ABSTRACT

India’s transformation shape the world into a digital economy where governance, banking, healthcare, education and key infrastructure has generated huge digital economy. Regrettably, it has also created a growing and increasingly sophisticated range of cyber-security threats. India, which has over 900 million internet users, largest digital payments infrastructure in the world and a national digitalisation agenda, has both tremendous opportunities and tremendous vulnerabilities in the cyber space. This article provides an analytical overview of the key emerging cyber security trends facing India which include ransomware, state-sponsored advanced persistent threats, artificial intelligence-enabled attacks, vulnerabilities specific to the Internet of Things, cloud security risks, 5G network issues, and cybercrime enabled by cryptocurrency and evaluates the adequacy of India’s legal and regulatory apparatus to respond to these trends. India’s cybersecurity governance framework based on the Information Technology Act 2000 along with the Digital Personal Data Protection Act 2023 and CERT-In Directions 2022 is essentially inadequate for the contemporary threat environment. This finds its manifestation in definitional obsolescence, institutional fragmentation and enforcement weakness, along with significant regulatory gap for emerging technologies.  Following a comparative study of the US, EU and Singapore cyber security frameworks, the article proposes evidence-based reforms including the establishment of a National Cyber Security Act, regulatory sector-specific security standards for critical infrastructure, an IoT security regime, and a sustained investment in the cyber security workforce.

Keywords: Cybersecurity Law; Information Technology Act 2000; CERT-In; Critical Infrastructure Protection; Ransomware; Artificial Intelligence; Internet of Things; 5G Security; Digital Personal Data Protection Act 2023; India.