Category: Volume 5 and Issue 10 of 2025

LEGAL CHALLENGES AND STRATEGIC APPROACHES TO TRADEMARK PROTECTION FOR SMALL BUSINESSES

AUTHOR – SHREYA PANDEY* & DR. BHAVNA BATRA**

* STUDENT AT AMITY UNIVERSITY NOIDA

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY NOIDA

BEST CITATION – SHREYA PANDEY & DR. BHAVNA BATRA, LEGAL CHALLENGES AND STRATEGIC APPROACHES TO TRADEMARK PROTECTION FOR SMALL BUSINESSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 886-888, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This chapter examines the pivotal function trademarks have in making small businesses successful and sustainable. Trademarks are a pillar of brand identity that allows companies to differentiate their goods and services within a competitive economy. They provide legal protection, promote customer loyalty, and help a company gain credibility and valuation. The chapter sets out the significance of early trademark protection, which not only protects the brand from infringement but also serves as a strategic tool for expansion, investment, and market growth. It explains the process of registering a trademark, highlighting pragmatic approaches such as wide classification and minimal colour claims to obtain broader protection. Furthermore, it emphasizes the need to promote marketing trademarks over digital media like social media and domain names in order to increase brand presence and build consumer connection. Competition protection and strategic legal symbol utilization such as ™ and ® are also addressed. Lastly, the chapter discusses the harsh consequences of trademark infringement, ranging from legal Lastly, the chapter discusses the harsh consequences of trademark infringement, ranging from legal repercussions to damage to reputation, and describes how effective trademark protection can boost investor confidence and open new business horizons.

Keywords: Trademarks, Small Businesses, Brand Identity, Trademark Protection, Trademark Infringement, Legal Protection

UNLEASHING DURGA: EXPLORING THE ROLE OF PRIVATE DEFENSE IN PROTECTING INDIAN WOMEN

AUTHOR – PUJA BANERJEE, ADVOCATE, ADAMAS UNIVERSITY

BEST CITATION – PUJA BANERJEE, UNLEASHING DURGA: EXPLORING THE ROLE OF PRIVATE DEFENSE IN PROTECTING INDIAN WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 880-885, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India is a nation where security is highly demanded and when it comes to women, it plays a crucial role. In our stereotype nation women always regarded as vulnerable beings where it’s easy for patriarchy to dominate and scare women and even to abuse them. So private defense plays a major role, it is a right which is available to every individual to secure themselves from any external harm or injury. Right of self-defense is based upon the general maxim that “necessity knows no law” and “it is primary duty of man to first help himself”.

Keyword: Private defense, Security, Women, India, Law

AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14

AUTHOR – AYUSHI SHREYA, BBA LLB(HONS.), SCHOOL OF LAW, BENNETT UNIVERSITY, GREATER NOIDA, UTTAR PRADESH

BEST CITATION – AYUSHI SHREYA, AI, BIAS, AND THE CONSTITUTION: A JURISPRUDENTIAL ANALYSIS OF ALGORITHMIC INEQUALITY UNDER ARTICLE 14, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 872-879, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The paper discusses concerns of increasing algorithmic discrimination in the context of the constitutional body of India, with implications to Article 14 (Right to Equality). Although purportedly neutral, input data for AI decision systems often carry structural biases and, due to the limited accountability of their algorithms and processes, exacerbate their effects. The central research question is: How does algorithmic inequality violate constitutional guarantees of equality and non-discrimination under Article 14, and what jurisprudential reforms are necessary to ameliorate this gap?

The qualitative study works with doctrinal analysis of constitutional principles, case law on equality and discrimination, together with interdisciplinary insights from AI ethics and critical data studies. The key arguments are:

• Constitutional violation through bias in AI: Algorithmic discrimination undermines substantive equality by codifying historical prejudices (working through caste, gender, or socioeconomic bias in hiring, policing, or welfare systems).
• Opacity vs. Judicial Scrutiny: The fact that AI is a “black box” conflicts with Article 14’s requirement of non-arbitrariness and procedural fairness.
• Remedial Gaps: Current legal frameworks lack pertinent avenues to audit AI systems and to hold developers accountable for discriminatory outcomes.

The recommendations on algorithmic accountability include transparency requirements, bias-testing criteria, and a recognition by the courts of “algorithmic discrimination” as a separate constitutional wrong. The paper proposes for a rights-based AI governance system grounded upon India’s principles of egalitarian jurisprudence.

Keywords: Artificial Intelligence, Algorithmic Discrimination, Article 14, Constitutional Law, Bias, Equality, Jurisprudence.

URBANIZATION AND ENVIRONMENTAL CONCERN

AUTHOR – RAINCY* & DR BHAWNA ARORA**

* STUDENT AT UTTARANCHAL UNIVERSITY

** ASSOCIATE PROFESSOR AT UTTARANCHAL UNIVERSITY, LAW COLLEGE DEHRADUN

BEST CITATION – RAINCY & DR BHAWNA ARORA, URBANIZATION AND ENVIRONMENTAL CONCERN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 866-871, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Today, half of the world’s population lives in urban areas. By 2050, 70 percent of the population will be urban. India has been witnessing massive urbanization. Over the six decades since independence, India’s population grew three-fold from 350 million in 1947 to 1027 million in the year in 2001. During the same period, the urban population grew almost 4.6 fold as fast – from 62.4 million to 286 million (Census 2001). Thus, the Independent India has been urbanising very fast. The process of urbanization has been closely linked with pattern of economic development in the country. Although the process of urbanization in India could not be explained fully by the process of economic development, it is positively linked with the latter.¹

INDIA’S GREEN HYDROGEN: FEASIBILITY AND FUTURE

AUTHOR – PARTH SHARMA* & JAY SANVALIYA**

* ASSISTANT PROFESSOR OF LAW AT SSLG JNU, JAIPUR

** ASSISTANT PROFESSOR OF LAW AT PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH, INDORE

BEST CITATION – PARTH SHARMA & JAY SANVALIYA, INDIA’S GREEN HYDROGEN: FEASIBILITY AND FUTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 854-865, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:

Hydrogen production involves utilizing a variety of feedstocks, both renewable and non- renewable, through diverse processes that yield varying levels of greenhouse gas emissions. ¹ The usage of traditional fossil fuels like oil for energy generation leads to a notable increase in greenhouse gas emissions. The combustion of these fuels releases substantial amounts of carbon dioxide and other greenhouse gases into the atmosphere, exacerbating atmospheric warming and impacting global temperatures. The issue of global warming is of paramount importance on the international stage, and India, representing approximately 36% of the global population, is actively engaged in efforts to mitigate its effects. The adverse ramifications of the climate crisis encompass elevated temperatures, ecological degradation, erratic rainfall patterns, and population displacement.² The primary challenge in curbing emissions within energy sectors arises from the heavy dependence on fossil fuels, which account for the majority of CO2 emissions across various sectors such as electricity generation, construction, heating, transportation, and industrial processes.³ The predominant hurdle in mitigating emissions within energy sectors stems from the extensive reliance on fossil fuels, which constitute the main source of CO2 emissions across diverse sectors including electricity generation, construction, heating, transportation, and industrial processes.⁴

FAMILY LAW IN INDIA: A CRITICAL STUDY

AUTHOR – IRA PAL* & MS. TANU AGARWAL**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION – IRA PAL & MS. TANU AGARWAL, FAMILY LAW IN INDIA: A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 845-8853, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The institution of family occupies a central place in the Indian social and legal framework. Family Law, which regulates matters such as marriage, divorce, maintenance, adoption, succession, guardianship, and surrogacy, plays a pivotal role in shaping relationships and individual rights within this unit. The Indian legal landscape is marked by legal pluralism, where personal laws governed by religious and customary practices coexist with secular legal principles laid down by the Constitution of India.

This research paper, titled “A Critical Study of Family Law in India: Judicial Trends, Gender Justice, and Emerging Issues”, aims to examine the evolution, development, and contemporary challenges of Family Law within the Indian context. The paper seeks to critically analyze how the principles of equality, gender justice, human dignity, and child welfare are reconciled with personal laws rooted in tradition and religion.

The study is motivated by the continuing debates around the codification of personal laws, gender bias in existing legal frameworks, the need for a Uniform Civil Code (UCC), and the lack of adequate legal recognition for new forms of family and relationships, such as live-in relationships and LGBTQ+ families. It also evaluates the impact of landmark judgments and recent legislative reforms, such as the Hindu Succession (Amendment) Act, 2005; the Muslim Women (Protection of Rights on Marriage) Act, 2019; the Surrogacy (Regulation) Act, 2021; and the Special Marriage Act, 1954.

Through its chapters, the research analyzes the feminist critique of personal laws and their impact on women’s rights in marriage, divorce, maintenance, and inheritance, and the application of the “best interest of the child” principle in guardianship and custody matters. It explores judicial recognition of live-in relationships and their legal implications, while also addressing the legal vacuum regarding LGBTQ+ family rights post-Navtej Singh Johar v. Union of India. The paper further considers the emerging legal framework on surrogacy and assisted reproductive technologies and assesses judicial activism in shaping a gender-just family law regime in India. It also draws comparative insights from reforms in family law in other jurisdictions.

Employing a doctrinal, analytical, and comparative methodology, this paper draws on judicial pronouncements, statutes, secondary literature, and international human rights instruments to provide a holistic understanding of Family Law. The study further examines the role of the Indian judiciary in interpreting personal laws in harmony with the constitutional guarantees of equality (Article 14), non-discrimination (Article 15), freedom of religion (Article 25), and the right to life and dignity (Article 21).

In conclusion, this research finds that while progressive trends are visible in judicial interpretations of family law, much work remains to harmonize personal laws with the Indian Constitution’s vision of justice, equality, and secularism. The paper offers recommendations for legal reforms that can make Indian family law more inclusive, gender-sensitive, and responsive to the needs of modern society.

Keywords: women, child, maintenance, inheritance, child custody, and welfare, gender justice, and gender equality

MORAL RIGHTS IN TATTOOS: REASSESSING THE CREATOR–SUBJECT DICHOTOMY IN COPYRIGHT LAW

AUTHOR –SHAKTI GARG, UNIVERSITY OF DELHI

BEST CITATION – SHAKTI GARG, MORAL RIGHTS IN TATTOOS: REASSESSING THE CREATOR–SUBJECT DICHOTOMY IN COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 842-844, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the intersection of copyright law and body art by examining the legal status of moral rights in tattoos. Who owns the moral rights to a tattoo: the tattooist or the tattooed? This dilemma situates itself at the confluence of originality, creativity, authorship, and the material medium of expression. With evolving jurisprudence in intellectual property law, particularly in artistic works, this article analyses statutory provisions, domestic and international case laws, and scholarly commentary to dissect and address the rightful claimant of moral rights in tattoos.

“ANALYZING THE ROLE OF THE COMPETITION COMMISSION OF INDIA IN CURBING ANTI-COMPETITIVE AGREEMENTS: CHALLENGES AND SUCCESSES”

AUTHOR – ANSHIKA ARORA* & DR ABHIRANJAN DIXIT**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL university

** Associate professor law at law college dehradun, Uttaranchal university

BEST CITATION – ANSHIKA ARORA & DR ABHIRANJAN DIXIT, “ANALYZING THE ROLE OF THE COMPETITION COMMISSION OF INDIA IN CURBING ANTI-COMPETITIVE AGREEMENTS: CHALLENGES AND SUCCESSES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 833-841, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Competition Commission of India (CCI)’s role in controlling and preventing anti-competitive agreements in India is examined in this paper. Anti-competitive agreements, such as cartels, price-fixing, and bid-rigging, can reduce competition, increase prices, and harm consumers and businesses.  The primary authority in charge of ensuring that there is fair competition in the market is the CCI, which was established by the Competition Act of 2002. The study examines how the CCI investigates such agreements, the tools and powers it uses, and the major cases it has handled successfully.

 While the CCI has taken strong actions in several important cases, the paper also highlights the challenges it faces.  These include proving secret agreements, handling complex economic data, and dealing with delays in the legal process.  The study also makes a comparison between the United States’ enforcement system and India’s, highlighting important distinctions and areas for improvement. Overall, this study shows that while the CCI has made progress, there is still a need for stronger enforcement, better cooperation among authorities, and more awareness among businesses and consumers.  The paper concludes with recommendations for enhancing the CCI’s effectiveness in promoting Indian markets that are fair and competitive.

Keywords

Competition Commission of India (CCI), Anti-Competitive Agreements, Cartels, Price-Fixing, Competition Law, Market Regulation, Challenges, India, United States, Legal Enforcement

SUSTAINABLE AGRICULTURE AND FOOD SYSTEM IN INDIA: CHALLENGES AND OPPORTUNITIES

AUTHOR – TANAZ SIDDIQUI* & NIKUNJ SINGH YADAV**

* STUDENT, BALL.B- 10 SEMESTER, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

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

BEST CITATION – TANAZ SIDDIQUI & NIKUNJ SINGH YADAV, SUSTAINABLE AGRICULTURE AND FOOD SYSTEM IN INDIA: CHALLENGES AND OPPORTUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 823-832, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India has recently been experiencing a rapid transformation as it approaches the status of a developed nation, potentially surpassing others in this regard sooner than expected. Nevertheless, this progress has sparked concerns due to the country’s increasing population, prompting experts to advocate for “sustainable development” to ensure that the nation’s achievements remain accessible for future generations, a cause that has garnered significant attention in recent years. While various sectors continue to thrive, agriculture has consistently served as the foundation of the Indian economy; thus, to establish a robust agricultural system, the concept of sustainable agriculture has been emphasized heavily in recent times.

The primary aim of sustainable agriculture is to alleviate hunger, poverty, and malnutrition for the expanding population of the nation while also ensuring environmental well-being. In a country like India, food security has become a top priority due to the rapid population growth. The issues of sustainable agriculture and food security have emerged as significant concerns in the twenty-first century. The Green Revolution has been crucial in achieving high food productivity, but it has also resulted in soil and water pollution, climate change, and a decrease in biodiversity. As a result, meeting the food needs of the population while protecting the environment presents two major challenges for the agricultural sector. Therefore, sustainable agriculture must adopt comprehensive approaches and demonstrate adaptability and flexibility over time to adequately address the increasing demands for food production. This article aims to raise awareness about food security and to outline the challenges and opportunities associated with it for the benefit of humanity.

Key words: Sustainable Agriculture, Food Security, Environment, Poverty, Population.

ELECTORAL REFORMS IN INDIA: A NEED FOR TRANSPARENT DEMOCRACY

AUTHOR – JASWANT KUMAR, STUDENT AT JHARKHAND RAI UNIVERSITY

BEST CITATION – JASWANT KUMAR, ELECTORAL REFORMS IN INDIA: A NEED FOR TRANSPARENT DEMOCRACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 811-822, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Introduction

India, the world’s largest democracy, derives its political legitimacy from a robust electoral process enshrined in the Constitution and upheld by its people. The democratic structure of the country rests on the fundamental premise that elections must be free, fair, and transparent. Elections are not merely a procedural ritual but the heart of representative democracy, where citizens choose their representatives to legislate, govern, and ensure accountability.