Category: Volume 5 and Issue 10 of 2025

APEX COURT RULING ON UNILATERAL ARBITRATOR APPOINTMENTS: ENSURING NEUTRALITY IN INDIAN ARBITRATION

AUTHOR – ELEENA EAPEN , STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – ELEENA EAPEN, APEX COURT RULING ON UNILATERAL ARBITRATOR APPOINTMENTS: ENSURING NEUTRALITY IN INDIAN ARBITRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 1005-1010, APIS – 3920 – 0001 & ISSN – 2583-2344.

Facts

1. The case revolved around a contractual dispute arising from a construction contract awarded by the Union of India (COFRE) to a private company (JV) for work valued at ₹165.67 crores.
2. The said contract, dated 20.09.2010, contained an arbitration clause under Clause 64 of the General Conditions of Contract (G.C.C.), which was subsequently modified by the Railways through a notification dated 16.11.2016 following the enactment of the Arbitration and Conciliation (Amendment) Act, 2015 (hereinafter the “Act“).
3. The modification stipulated that disputes would only be resolved by a three-member arbitral tribunal comprising either serving Railway officers or a mix of serving and retired officers, provided that the parties waive the applicability of Section 12(5) of the Act.
4. The work could not be completed by the respondent company within the stipulated time, resulting in the issue of termination notices by the Railways on 18.10.2017 and 27.10.2017. The contract was subsequently terminated on 01.11.2017 with forfeiture of security deposit.
5. The respondent challenged the termination, but the court dismissed it, directing the respondent to invoke arbitration. Thereafter, on 27.07.2018, the respondent invoked arbitration, claiming ₹73.35 crores and requesting the appointment of arbitrators.
6. In response, COFRE sent two separate panels for the selection of arbitrators:
7. A panel of four currently serving Railway officers (as per Clause 64(3)(a)(ii), subject to waiver of Section 12(5)).
8. After the refusal by the respondent to waive Section 12(5), the second panel of four retired Railway officers (under Clause 64(3)(b)).

7. Instead of making a selection from the provided option, the respondent opted to filed a petition in accordance to Section 11(6) of the Act before the Allahabad High Court, requesting for the appointment of an independent sole arbitrator, by stating that the Railways’ panel-based system violated Section 12(5). The High Court granted relief and appointed a retired High Court judge arbitrator (03.01.2019), thus overruling the G.C.C.’s mechanism.
8. Aggrieved by the decision, the appellant appealed to the Apex Court, which upheld the appointment process by CORE, rejecting ECI’s reliance on TRF Ltd. (2017), where it was held that an ineligible arbitrator cannot nominate another. However, in Tantia Constructions (2021), the Court disagreed with ECI-SPIC, prompting a request for a larger Bench review. Similarly, in JSW Steel (2022), the Court reaffirmed the need for a larger Bench to reassess the issue.

THE INTEGRATED ROLE OF CYBER FORENSICS AND INDIAN LAWS TO ENSURE WOMEN’S SAFETY IN DIGITAL AGE AND CHALLENGES

AUTHOR – ISHAN ANAND, STUDENT, B.A.LL.B (VIII SEMESTER), GALGOTIAS UNIVERSITY

BEST CITATION – ISHAN ANAND, THE INTEGRATED ROLE OF CYBER FORENSICS AND INDIAN LAWS TO ENSURE WOMEN’S SAFETY IN DIGITAL AGE AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 991-1004, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

There exists a singular universal truth that holds true across all nations, cultures and communities: the perpetration of violence against women is inherently unacceptable, inexcusable and intolerable².

The expanding influence of the Internet, the swift proliferation of information and communication technologies (ICTs) and the widespread use of electronic devices such as mobile phones, computers, tablets, Bluetooth and data storage devices coupled with the extensive reach of social media have introduced novel challenges in addressing violence against women and girls. The trend of physical crime against women has shifted to hybrid crime model leading to rise in threat against women.

The rise of cybercrime has become a global issue with profound implications for societies and economies worldwide. This phenomenon poses threats to the peace and prosperity of individuals, particularly jeopardizing the goals of inclusive and sustainable development underpinned by fundamental human rights that underscore gender equality.

To address these issues Government of India has come up specifically with the I.T Act³ and D.P.D.P Act ⁴ along with amendments in IPC⁵, CRPC⁶ and IEA⁷ now BNS⁸, BNSS⁹ and BSA¹⁰ respectively but these laws would be of no use without the help of cyber forensic which is used to collect concrete evidence against the perpetrator and present an air tight case in the court of law. Computer forensics is defined as the systematic process of identifying, collecting, preserving, analyzing and presenting digital evidence in a manner that is admissible in a court of law.

The paper meticulously explores the current state of Cyber Legislation and integration of Cyber forensics in it, aimed at safeguarding the interests and well-being of women in India. Additionally, it advocates for a heightened and refined Cyber Legislation framework recognizing the imperative need to address multifaceted challenges and intricacies.

Keywords: Cyber Crime, Cyber Forensics, Admissibility of Electronic Evidence

TRANSPARENCY AND ACCOUNTABILITY: THE CONSTITUTIONAL UNDERPINNINGS OF INDIA’S RIGHT TO INFORMATION

AUTHOR – SUBIKSHA ANANTHARAJ, STUDENT AT THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – SUBIKSHA ANANTHARAJ, TRANSPARENCY AND ACCOUNTABILITY: THE CONSTITUTIONAL UNDERPINNINGS OF INDIA’S RIGHT TO INFORMATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 981-990, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Right to Information Act of 2005 is a milestone in India’s democratic experience, revolutionizing the culture of administration from bureaucratic secrecy to one of open government and participatory democracy. Grounded in Article 19(1)(a) of the Constitution, the Act roots the right of the citizen to know as a fundamental component of democratic accountability. The article critically examines the constitutional and jurisprudential foundations of the RTI in light of path-breaking judgments such as State of U.P. v. Raj Narain, S.P. Gupta v. Union of India, and People’s Union for Civil Liberties v. Union of India, which collectively established the doctrinal pillars for an effective regime of information. It also critiques the key provisions of the Act, judicial interpretations, and institutional arrangements highlighting its potential to curb corruption, enhance public accountability, and empower citizens to actively participate in the process of governance. At the same time, the study also addresses challenges such as bureaucratic resistance, procedural barriers, and institutional failures that limit the full enforcement of the Act. It also traces the imperative role of civil society in supporting the RTI edifice against erosion and generating public awareness. Lastly, the paper evaluates whether the Act has realized its transformative potential and argues that its abiding vibrancy depends upon persistent legal, administrative, and civic commitment to norms of open government.

Key words: Right to Information, Transparency, Accountability, Article 19(1)(a), RTI Act, Participatory Governance, Indian Constitution, Civil Administration.

PHARMACEUTICAL PATENTS AND PUBLIC HEALTH

AUTHOR – AMRIT KUMAR SINGH, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – AMRIT KUMAR SINGH, PHARMACEUTICAL PATENTS AND PUBLIC HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 974-980, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The relationship between pharmaceutical patents and public health represents one of the most critical and contested intersections in contemporary legal, economic, and ethical discourse. Pharmaceutical patents, by granting exclusive rights to inventors for a limited period, have played a pivotal role in fostering innovation, encouraging investment in research and development (R&D), and driving advancements in medical science.^[1] At the same time, these exclusive rights raise significant concerns about access, affordability, and equity, especially in contexts where life-saving medicines are priced beyond the reach of millions. This tension between the private interests of patent holders and the collective needs of public health forms the core of a complex and enduring policy dilemma.^[2]

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[1] Agreement on Trade-Related Aspects of Intellectual Property Rights (adopted 15 April 1994, entered into force 1 January 1995) 1869 UNTS 299, art 27.

[2] Carlos M Correa, Intellectual Property and Public Health in the Developing World (OUP 2016) 45.

PLATFORM LIABILITY AND BRAND PROTECTION MECHANISMS

AUTHOR – ARPIT KUSHWAHA, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – ARPIT KUSHWAHA, PLATFORM LIABILITY AND BRAND PROTECTION MECHANISMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 967-973, APIS – 3920 – 0001 & ISSN – 2583-2344.

Responsibilities of Online Marketplaces

Online marketplaces play a significant role in protecting brand image for both sellers and buyers. Their responsibilities include:

1. Enforcing Brand Protection Policies:
   1. Marketplaces need to establish and enforce policies that protect

brands from counterfeiting, trademark infringement, and misleading product listings.

• Many platforms have reporting mechanisms where brands can flag counterfeit or unauthorized products.

A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU

AUTHOR – RA. HINIA MIRZHA* & SANDHIYA SHREE. U**

STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI- 600077

BEST CITATION – RA. HINIA MIRZHA & SANDHIYA SHREE. U, A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 948-967, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Police accountability and the use of force are the basic concerns that form the public’s belief in the law enforcement department. The point of police officers using excessive force has been a prominent matter, particularly in societies Struggling for justice, equality, and Human rights. The excessive use of force by police have aroused public outcry and brought up crucial and fundamental questions about police accountability, in the place where enforcement of law has to serve and protect the public from police brutality. Notable cases in the state of Tamil Nadu have emphasized root causes in prosecuting police officers for excessive use of force. The Tamil Nadu Police (Reforms) Act, 2013, was a significant statutory effort to enhance accountability in accordance with orders and guidelines from the Supreme Court of India. However, challenges remain. The main aim of this research is to study the varied challenges in prosecuting police officers for excessive use of force. Different articles and books were referred for Review of literature relating to the use of force and police accountability. By incorporating a non-doctrinal research method, the study explores empirical observations and pragmatic suggestions to focus on the challenges. The samples collected from the general public through an online mode of survey with independent and dependent variables. Victims of police violence in Tamil Nadu are reluctant to report incidents due to fear of consequences, The legislations in Tamil Nadu are sufficient but not implemented properly to focus on police misconduct, separate Investigative departments are important in Tamil Nadu to ensure police accountability and reduce excessive force are the dependent variables used. Also have used statistical tools to interpret the data. The result observed from the study is that Fear of retaliation from the police, Inaccessibility of legal Aid are the main challenge for victims in reporting police violence. Strengthening accountability procedures and Improving transparency in investigations are two important aspects to resolve police misconduct. Instituting Independent oversight departments for police accountability and initiating Compulsory Human rights training for police officers are basic recommendations to decrease the instances of police misconduct.

Keywords : Accountability, prosecution, police officers, challenges, force.

PROTECTING INNOCENCE: LEGAL PERSPECTIVES ON CHILD TRAFFICKING IN INDIA

AUTHOR – SHRESHTHA PAWAIYA, LLM STUDENT AT AMITY UNIVERSITY MADHYA PRADESH

 BEST CITATION – SHRESHTHA PAWAIYA, PROTECTING INNOCENCE: LEGAL PERSPECTIVES ON CHILD TRAFFICKING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 944-947, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Child trafficking continues to be a critical human rights issue in India, affecting thousands of children annually. Despite constitutional provisions, multiple statutory safeguards, and international treaty obligations, enforcement gaps and systemic failures have limited the effectiveness of anti-trafficking measures. This research paper critically examines the Indian legal framework on child trafficking through a humanized lens, exploring how existing laws interact with real-world conditions faced by survivors. It analyzes key statutes, judicial pronouncements, policy mechanisms, and international commitments while identifying gaps in rehabilitation, enforcement, and victim protection. The paper emphasizes the urgent need for a coordinated, survivor-centric approach to eradicate trafficking and fulfill India’s constitutional promise of justice and dignity for all children.

FROM CUSTODY TO COFFIN: A LEGAL AUTOPSY OF STATE VIOLENCE

AUTHOR – PARIDHI JAIN, STUDENT AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

BEST CITATION – PARIDHI JAIN, FROM CUSTODY TO COFFIN: A LEGAL AUTOPSY OF STATE VIOLENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 937-943, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

WHO WILL POLICE THE POLICE?^[1]

What happens when the protectors of the law become its violators?

Custodial torture and death strike at the heart of the heart of constitutional democracy and the rule of law. In a country that enshrines the right to life and personal liberty under Article 21of ^[2]the Constitution of India, the routine abuse of power by law enforcement authorities raises serious legal and ethical questions.

The case of Rajakannu v. State of Tamil Nadu ^[3]is a stark reminder of a grim reality faced by marginalized individuals in the criminal justice system. It not only exposes the brutality of custodial violence but also underscores the judiciary’s critical role in upholding fundamental rights, awarding compensations and ensuring state accountability.

Indian Judiciary played a crucial role in preventing custodial torture through directives issued in various cases including D.K Basu Case^[4], Arnesh Kumar Singh Case^[5] and others. The main question, however, is whether the judiciary has given so many judgements for the prevention of custodial tortures and deaths, then why do we find cases related to these issues? Are these judgements just on paper and are not actually implemented in real life? Police is the executive body in India, and it is their role to execute the judgements given by the judiciary. The main issue in the case of Rajakannu v State of Tamil Nadu ^[6]was the death of Rajakannu due to custodial torture. Therefore, the main problem in this case was the investigation against the police themselves who are supposed to protect society and not become a threat to society.

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[1] Prem Chand (Paniwala) v. Union of India, AIR 1981 SC 613, (1981) 1 SCC 639 (India).

[2] INDIA CONST. art. 21.

[3] Rajakannu v. State of Tamil Nadu, H.C.P. No. 711 of 1993, (1994) 2 LW (Crl) 680 (Madras High Court).

[4] D.K. Basu v. State of W.B., (1997) 1 SCC 416, AIR 1997 SC 610 (India).

[5] Arnesh Kumar v. State of Bihar, AIR 2014 SC 2756, (2014) 8 SCC 273 (India).

[6] Rajakannu v. State of Tamil Nadu, H.C.P. No. 711 of 1993, (1994) 2 LW (Crl) 680 (Madras High Court).

ROLE OF FORENSIC NEUROLOGISTS IN DETERMINING BRAIN DEATH

AUTHOR – DHARANI. S & DR. ARUN KUMAR

* STUDENT AT TAMILNADU AMBEDKAR LAW UNIVERSITY

** CONSULTANT NEUROLOGIST AT GLEANGLES HEALTHCITY

BEST CITATION – DHARANI. S & DR. ARUN KUMAR, ROLE OF FORENSIC NEUROLOGISTS IN DETERMINING BRAIN DEATH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 893-936, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

             Until few decades ago, death was thought to be a definite point in time that marked the end of life. With the availability of ventilators, defining when death has happened is getting more challenging, as cessation of life functions is not always synchronous across organ systems. Neurological determination of brain death is a difficult assessment that nonspecialists and families may misunderstand. Recent guidelines define how to do such an evaluation and are available to clinicians, with the time of death in adults and children determined by the final defining test—the apnea test. With the availability of ventilators, defining when death has happened is getting more challenging, as the termination of life functions is sometimes not synchronous across organ systems. With increased access to intensive care units (ICUs) even in cities, and the government making it essential to notify brain death to facilitate cadaveric organ transplants, neurosurgeons and neurologists must thoroughly understand the nuances of brain death. International organizations have widely condemned the ethics of commercial organ donation and transplant tourism. The legal and ethical standards that we follow universally in organ donation and transplantation are particularly crucial for the future because they can be used to resolve controversies over developing sciences such as cloning, tissue engineering, and stem cells.

             The importance of early detection, the problems in the clinical diagnosis of brain death, the limitations of so-called confirmatory testing, and the moral and ethical issues will be discussed. This paper delves into the most recent guidelines and methods for detecting brain death, focusing on clinical assessments, brainstem reflex testing, and the use of supplementary tests. Further it aims to improve the competency of healthcare workers from many disciplines, encouraging an interprofessional approach to handling this difficult part of patient care. This research work also provides an insight to traverse the clinical, ethical, and legal challenges of brain death, resulting contemporary suggestions and upgradation in the existing framework. This study intends to pave the road for legislative reforms in India that control unethical practices and promote organ donation by critically assessing the current legal framework and relying on overseas experiences. This research paper delves into the multifaceted issues of organ transplantation in India, with the goal of proposing reforms to combat unethical practices and increase organ supply.

Key Words:Apnea testing, Neurological criteria, organ transplantation, brain stem

COCA-COLA’S BILLION-DOLLAR SECRET:  HOW TRADE SECRETS OUTPERFORM PATENTS

AUTHOR – NIRBHAY AGGARWAL, LL.B. STUDENT AT LLOYD LAW COLLEGE, GREATER NOIDA, UTTAR PRADESH, INDIA

BEST CITATION – NIRBHAY AGGARWAL, COCA-COLA’S BILLION-DOLLAR SECRET:  HOW TRADE SECRETS OUTPERFORM PATENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 889-892, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Coca-Cola: More than Just Soda The Coca-Cola Co. is a non-alcoholic beverage company that manufactures, markets, and sells the said products. The company has a wide category of products, including sparkling soft drinks, water, enhanced water and sports drinks, juice, dairy, and plant-based beverages. Moreover, the company owns several brands under which these beverages are marketed globally, including Diet Coke, Fanta, Sprite, Minute Maid, De Valle, Aquarius, Dasani, etc. The company started in 1886 with Dr. John Pemberton in Atlanta, Georgia, where he experimented by mixing a syrup with carbonated water. The drink was then sold as a soda fountain drink for five (05) cents a glass. However, in 2024, the company had a revenue of $46.1 billion^[1].  The best product of the company is still Dr. John’s experiment of syrup mixed with carbonated water, which is considered traditional ‘Coca-Cola.’ This recipe/formula or the experiment by Dr. John is well well-guarded secret kept private for over 130 years now. The entire business of the company revolves around its secret recipe. Reports suggest that the recipe is kept in a secret vault in Coca-Cola’s headquarters. Dr. John shared this secret to a small group in the early 1900s, but never wrote it down on any paper. Since then, the core principle of Coca-Cola Co. is the keep their formula a secret and prevent the materials from being leaked. The individuals who get to know the formula must sign a strict Non-Disclosure Agreement (NDA). It is also believed that at once only two (02) individuals are allowed to know the actual formula of the recipe, who are never allowed to meet each other or even travel through any means at the same time.

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[1] Coca Cola, Forbes, https://www.forbes.com/companies/coca-cola/ (16 April 2025)