Category: Volume 5 and Issue 10 of 2025

A CRITICAL ANALYSIS OF CUSTODIAL VIOLENCE IN INDIA, WITH A SPECIAL EMPHASIS ON HUMAN RIGHTS

AUTHOR – HARI ABISHEK P* & MS. SHILPA MEHROTRA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR –III, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – HARI ABISHEK P & MS. SHILPA MEHROTRA, A CRITICAL ANALYSIS OF CUSTODIAL VIOLENCE IN INDIA, WITH A SPECIAL EMPHASIS ON HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 677-683, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1

CONCEPTUAL FRAMEWORK & LEGAL PROVISIONS

Custodial violence strikes at the very heart of democracy, violating the fundamental human rights guaranteed by the Constitution of India and various international covenants. A comprehensive legal framework exists to prevent and address custodial violence, although the effectiveness of these legal instruments largely depends on their implementation. Analyzing this legal framework provides insights into the strengths, gaps, and challenges that characterize India’s efforts to combat custodial torture and deaths. At the apex of the legal structure lies the Constitution of India, which enshrines the principles of liberty, equality, and dignity. Article 21, often referred to as the “heart of the Constitution,” guarantees the right to life and personal liberty. The judiciary has interpreted this provision to include protection from torture and inhuman treatment, even during lawful detention. Further reinforcing this protection, Article 20(3) safeguards individuals against self-incrimination, thereby addressing the use of coercion and torture during custodial interrogation. Article 22 provides specific protections to arrested persons, including the right to be informed of the grounds of arrest, the right to consult a legal practitioner, and the requirement that an arrested person be produced before a magistrate within twenty-four hours. These constitutional guarantees lay the foundation for the legal response to custodial violence⁴.

MEDIATION AS AN EFFECTIVE MECHANISM FOR RESOLVING REAL ESTATE DISPUTES IN INDIA

AUTHOR – DAKSH GUPTA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – DAKSH GUPTA, MEDIATION AS AN EFFECTIVE MECHANISM FOR RESOLVING REAL ESTATE DISPUTES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 668-676, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s real estate sector, contributing 7% to GDP, faces frequent disputes over delayed possession, contractual breaches, and lease terms, exacerbated by a judicial backlog of 4.5 crore cases in 2025 (Narayan, 2020; NJDG, 2025). This paper evaluates mediation’s effectiveness as an Alternative Dispute Resolution (ADR) mechanism for resolving such disputes, emphasizing its speed, cost-efficiency, confidentiality, and ability to preserve stakeholder relationships. Using a doctrinal approach, it analyses legal frameworks like RERA, 2016, the Arbitration and Conciliation Act, 1996^[1], and CPC^[2] Section 89, alongside case studies from MahaRERA (500+ resolutions in 2023), UP RERA, and Delhi High Court mediation (MahaRERA^[3], 2023; UP RERA, 2024). Despite mediation’s success, challenges like low awareness, mediator shortages, and non-binding outcomes limit its adoption (Kumar, 2018). Recommendations include mandatory ADR clauses, enhanced mediator training, Online Dispute Resolution (ODR) platforms, and public awareness campaigns, drawing on Singapore’s model (Singapore Mediation Act, 2017^[4]). By reducing litigation and fostering amicable resolutions, mediation strengthens India’s real estate sector. This study advocates for reforms to integrate mediation into standard practices, contributing to judicial efficiency and sectoral resilience.

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[1] Arbitration and Conciliation Act, 1996

[2] Code of Civil Procedure, 1908 (Section 89)

[3] Maharashtra Real Estate Regulatory Authority (MahaRERA 2017)

[4] Singapore Mediation Act, 2017

“COMPARATIVE ANALYSIS OF ARBITRATION LAWS : SUBSTANTIVE & PROCEDURAL PERSPECTIVES”

AUTHOR – MUTHU MAYAN R, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – MUTHU MAYAN R, “COMPARATIVE ANALYSIS OF ARBITRATION LAWS : SUBSTANTIVE & PROCEDURAL PERSPECTIVES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 660-667, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 3 : COMPARATIVE ANALYSIS OF ARBITRATION LAWS

Arbitration is a widely used mechanism for resolving disputes, particularly in international trade and commerce. As businesses and individuals engage in cross-border transactions, the need for a neutral and efficient system for resolving conflicts becomes paramount. Arbitration offers several advantages over traditional litigation, including flexibility, confidentiality, and a speedier resolution process. However, the success of arbitration is often influenced by the legal framework within which it operates. Different countries have varying arbitration laws that can significantly impact the arbitration process, affecting everything from the appointment of arbitrators to the enforcement of awards. This comparative analysis aims to examine the differences in arbitration laws across various jurisdictions, highlighting both substantive and procedural variations and their implications for international dispute resolution.

“EVALUATING THE IMPACT OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 ON REHABILITATION AND RECIDIVISM IN INDIA”

AUTHOR – ARYA AGRAWAL & KHUSHI JHA

STUDENTS AT CHRIST DEEMED TO BE UNIVERSITY PUNE, LAVASA

BEST CITATION – ARYA AGRAWAL & KHUSHI JHA, “EVALUATING THE IMPACT OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 ON REHABILITATION AND RECIDIVISM IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 654-659, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The juvenile’s delinquents are so many, and their numbers keep swelling in India, posing a real threat to society and an equally real threat to its legal structure. Defined as illegal acts or antisocial acts committed by juveniles, juvenile delinquency is caused by many complex social, cultural, biological, and psychological factors. The article aims at a critical examination of juvenile delinquency and how it is dealt with under the Juvenile Justice System in India. It illustrates the major factors influencing the delinquent behavior of minors and investigates the response of the system after such cases as the Nirbhaya gang rape, which ushered legislative changes.

Behind this analysis are the two basic tenets of the juvenile justice system of India: punishment and rehabilitation. This research explores whether the system favors punitive approaches over rehabilitative measures, stressing that both should be given equal importance in the dispensation of juvenile justice to both deter the juveniles from crime and allow their smooth reintegration into society. Identifying lacunae within the juvenile justice system, some relevant recommendations are made in the paper to strengthen the mechanism so that it conforms both to legal conceptions of accountability and psychological concepts of child welfare.

Keywords: Juvenile delinquency, Juvenile Justice System, India, Nirbhaya case, Punishment, Rehabilitation, Sociocultural factors, Legal reforms.

WOMENS PSYCHO-SOCIAL EFFECTS OF DIVORCE AND SEPARATION

AUTHOR – PAULIN DORA.O, ADVOCATE & TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – PAULIN DORA.O, WOMENS PSYCHO-SOCIAL EFFECTS OF DIVORCE AND SEPARATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 648-653, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Divorce and separation have complex psychological and sociological effects on individuals, families, and society. This paper explores the immediate and long-term consequences of marital dissolution, drawing from legal, psychological, and sociological perspectives. Divorce and separation can cause emotional responses such as grief, anger, anxiety, and depression. These reactions can affect individuals’ self-esteem, relationships, and mental well-being. Children of divorced parents may face developmental challenges, including academic setbacks and psychological distress. Divorce and separation can cause financial strain and legal battles, leading to social isolation and identity crises. The legal frameworks that govern divorce and separation are crucial in shaping the emotional landscape of these experiences. Traditional divorce proceedings were prolonging emotional distress because of their adversarial nature. Therefore, it’s important to have alternative dispute resolution mechanisms, such as mediation and collaborative law, to encourage peaceful resolutions and minimize negative outcomes. Furthermore, legal policies and interventions that prioritize the well-being of children and vulnerable individuals are necessary to reduce the negative emotional and psychological effects of marital breakdown. This paper aims to shed light on the intricate interplay of psychological, social stigma, and legal factors involved in navigating the aftermath of a failed marriage.

REPRESENTATION OF WOMEN IN THE INDIAN LEGAL SYSTEM: A HISTORICAL AND CONTEMPORARY ANALYSIS

AUTHOR – KHUSHI CHAUHAN & PRABAL PRATAP RAJAWAT

STUDENTS AT AMITY LAW SCHOOL GWALIOR, SYMBIOSIS LAW SCHOOL PUNE

BEST CITATION – KHUSHI CHAUHAN & PRABAL PRATAP RAJAWAT, REPRESENTATION OF WOMEN IN THE INDIAN LEGAL SYSTEM: A HISTORICAL AND CONTEMPORARY ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 645-648, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s legal system has undergone considerable transformation, gradually incorporating women into key roles within the profession. Despite longstanding barriers, women have successfully established themselves as prominent lawyers, judges, and legal scholars. This paper traces the historical journey of women in the Indian legal field, from the colonial period to the modern era. It examines the challenges women have faced in entering and advancing within the profession and highlights their vital contributions to the evolution of Indian law. Once a male-dominated sphere, the legal profession in India began opening up to women following persistent legal efforts. A significant milestone came with the enactment of the Legal Practitioner’s (Women) Act in 1923, which formally allowed women to practice law. However, acceptance was slow, as seen in cases like that of Regina Guha, where outdated perceptions questioned women’s legal standing.

In the 21st century, globalization and modern educational reforms have broadened access to legal education for women in India. Still, gender imbalance continues, particularly within the judiciary. The paper follows the progress from the appointment of Justice Anna Chandy, India’s first female judge in 1937, to present-day challenges, highlighting the continued underrepresentation of women on the bench. Trailblazers such as Leila Seth and Fathima Beevi broke significant ground by becoming Chief Justices, but overall female representation remains limited.

The study emphasizes the urgent need for measures to promote gender parity in the legal field, including the recommendation of a 33% quota for women in the judiciary. By providing an in-depth look at both historical and present-day issues, this research adds to the ongoing conversation about gender equity in India’s legal system.

Keywords: Women in Law, Indian Legal System, Gender Representation, Legal Profession, Historical Analysis, Legal Challenges, Legal Practitioner’s (Women) Act, Judiciary, Gender Equality, Contemporary Issues

PATENT PROTECTION FOR BIOTECHNOLOGICAL INNOVATION: BALANCING INNOVATION AND ACCESS TO PUBLIC HEALTH

AUTHOR – AASTHA CHAUHAN, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH

BEST CITATION – AASTHA CHAUHAN, PATENT PROTECTION FOR BIOTECHNOLOGICAL INNOVATION: BALANCING INNOVATION AND ACCESS TO PUBLIC HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 636-644, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER I: INTRODUCTION

1.1 Background of the Study

Biotechnology has revolutionized modern healthcare by enabling the development of advanced medical technologies, including genetically engineered vaccines, targeted drug therapies, and diagnostic tools. This sector holds immense promise for addressing global health challenges, such as communicable and non-communicable diseases, genetic disorders, and pandemics. Breakthroughs in genetic engineering, molecular biology, and bioinformatics have allowed for personalized medicine and regenerative therapies, positioning biotechnology as a cornerstone of 21st-century healthcare systems.

A SYSTEMATIC STUDY OF CLOUD COMPUTING SERVICE PROVIDERS AND CYBER SECURITY

AUTHOR – V.MOHANRAJ, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCE, SAVEETHA UNIVERSITY.

BEST CITATION – V.MOHANRAJ, A SYSTEMATIC STUDY OF CLOUD COMPUTING SERVICE PROVIDERS AND CYBER SECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 610-635, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Cloud computing service providers are companies that offer cloud computing services to individuals, businesses, and other organizations. These providers typically own and operate data centers with large amounts of computing resources, such as servers, storage devices, and networking equipment. They make these resources available to customers over the internet, allowing them to access and use them as needed, without having to invest in and maintain their own computing infrastructure. The objective of the study is To find out whether cloud computing services lower the operational cost , To find out the top benefits of cloud computing services. , To find whether cloud computing services makes data backup, disaster recovery and business continuity easier and less expensive. The research method followed here is a combination of empirical and descriptive research. A total of  204 samples have been taken out of which is taken through convenient sampling. The data was collected through field visit and online survey. The SPSS software by IBM was used to calculate the descriptive statistics. In conclusion, cloud computing services are an increasingly popular and beneficial solution for individuals and organizations looking to improve their computing capabilities, reduce costs, and enhance collaboration and productivity.

Key words: Cloud computing services, Data backup, Infrastructure, Operational cost, Analyse data.

“HUMAN RIGHT OF PRISONERS A SOCIO LEGAL STUDY”

AUTHOR – TARUN RAWAT, DEPARTMENT OF LAW, KHWAJA MOINUDDIN CHISTI LANGUAGE UNIVERSITY, LUCKNOW

BEST CITATION – TARUN RAWAT, “HUMAN RIGHT OF PRISONERS A SOCIO LEGAL STUDY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 574-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

CHAPTER 1 : INTRODUCTION

Human rights are the fundamental rights and freedoms inherent to all human beings, regardless of nationality, ethnicity, gender, or any other status. These rights are considered universal, inalienable, and indivisible, ensuring dignity, freedom, and justice for every individual. The foundation of human rights lies in various international legal instruments, most notably the Universal Declaration of Human Rights (UDHR) 1948, the International Covenant on Civil and Political Rights (ICCPR) 1966, and the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966. These treaties affirm that every person, including those convicted of crimes and imprisoned, is entitled to fundamental rights and humane treatment.

THE ROLE OF LAW ENFORCEMENT AGENCIES IN COMBATING WHITE-COLLAR CRIME IN INDIA AND THE EFFECTIVENESS OF THE INDIAN LEGAL SYSTEM IN PROSECUTING WHITE-COLLAR CRIMINALS

AUTHOR – NAVYA TIWARI, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

       BEST CITATION – NAVYA TIWARI, THE ROLE OF LAW ENFORCEMENT AGENCIES IN COMBATING WHITE-COLLAR CRIME IN INDIA AND THE EFFECTIVENESS OF THE INDIAN LEGAL SYSTEM IN PROSECUTING WHITE-COLLAR CRIMINALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 558-573, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This dissertation critically examines the growing menace of white-collar crime in India within a comparative and multi-dimensional framework. White-collar crimes—characterized by deceit, concealment, or violation of trust—pose a severe threat to national economic security, public confidence, and institutional integrity. With the rapid advancement of technology, globalization, and digital finance, the nature and scope of these crimes have become increasingly complex and transnational. The study explores the evolution of white-collar crime, both globally and within the Indian legal context, categorizing major types such as corporate fraud, insider trading, money laundering, cybercrime, and regulatory violations. It further investigates causes and motivations, including socio-economic aspirations, institutional gaps, political patronage, and weak compliance culture. This dissertation offers an in- depth analysis of India’s statutory framework, covering provisions under the Indian Penal Code, Prevention of Corruption Act, Prevention of Money Laundering Act, Companies Act, SEBI Act, and the Information Technology Act. It also assesses the roles and performance of key law enforcement and regulatory bodies such as the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Serious Fraud Investigation Office (SFIO), Financial Intelligence Unit (FIU), and the Securities and Exchange Board of India (SEBI). By reviewing high-profile case studies like the Satyam scandal, Nirav Modi case, and Harshad Mehta scam, the research identifies key legal, procedural, and institutional challenges that hinder effective prosecution, including delays, evidence tampering, inadequate digital forensic capacity, and political interference. The dissertation also undertakes a comparative legal analysis of enforcement mechanisms in the USA, UK, and Singapore—highlighting best practices involving specialized white- collar crime agencies like the FBI, SEC, and SFO, and cooperative international efforts under organizations such as INTERPOL, FATF, and UNCAC. Furthermore, it emphasizes the need for legal reforms, specialized training, AI-based forensic tools, enhanced inter-agency coordination, robust whistleblower protection mechanisms, and capacity-building to strengthen India’s white-collar crime deterrence and prosecution mechanisms. The study concludes by offering recommendations and future directions, with a strong emphasis on creating a transparent, technologically equipped, and globally cooperative enforcement ecosystem to combat the growing threat of white-collar crimes in India.Keywords: White-Collar Crime, Corporate Fraud, Money Laundering, Insider Trading, Cybercrime, CBI, ED, SFIO, SEBI, Legal Framework, Judicial Trends, FATF, UNCAC, Forensic Investigation, Whistleblower Protection, India, Law Enforcement, Regulatory Agencies, Comparative Legal Analysis, Economic Offences.