Category: Volume 5 and Issue 13 of 2025

  • ROLE OF GEOGRAPHICAL INDICATIONS IN RURAL DEVELOPMENT IN INDIA

    ROLE OF GEOGRAPHICAL INDICATIONS IN RURAL DEVELOPMENT IN INDIA

    AUTHOR – PIYUSH KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

    BEST CITATION – PIYUSH KUMAR, ROLE OF GEOGRAPHICAL INDICATIONS IN RURAL DEVELOPMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 226-235, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    Rural development lies at the core of India’s economic and social progress, with the majority of its population still residing in villages. Yet, true rural growth extends beyond roads and infrastructure—it means empowering communities to sustain livelihoods, preserve traditions, and participate in the modern economy with dignity. This paper explores the transformative role of Geographical Indications (GIs) as catalysts for inclusive and sustainable rural development in India. A GI is a special form of intellectual property that links a product to its specific geographical origin, reflecting its unique qualities, reputation, and traditional know-how. Through examples such as Darjeeling Tea, Kanchipuram Silk, and Pochampally Ikat, the paper highlights how GIs can elevate rural incomes, generate employment, and protect cultural identity. Drawing insights from Bhatia-Kalluri (2021), Nayak et al. (2010), and Abreu et al. (2021), it examines GIs not merely as legal protections but as tools for economic empowerment, social inclusion, and environmental sustainability. The discussion also explores synergies between GIs, Information and Communication Technologies (ICTs), Nayak, S. K., Thorat, S. B., & Kalyankar, N. V. (2010). Nayak, S. K., Thorat, S. B., & Kalyankar, N. V. (2010). and e-commerce platforms, which are expanding market reach and visibility for rural producers. Despite their potential, challenges such as low awareness, digital illiteracy, weak institutions, and uneven benefit distribution persist. The paper concludes that integrating GIs with digital empowerment, strong policy support, and participatory governance can help bridge the rural–urban divide and promote long-term, inclusive rural development across India.This paper explores the significance of GIs in enhancing rural entrepreneurship,employmentgeneration, and cultural preservation. By providing legal protection against unauthorized use, GIs help maintain product authenticity and improve competitiveness in domestic and global markets. Moreover, when combined with Information and Communication Technologies (ICTs)ande-commerce platforms, GIs enable rural artisans and farmers to access wider markets and secure better returns for their craftsmanship. The study draws upon reports from WIPO, FAO, IFAD, and the Government of India, along with academic research by Das (2010)[1], Gangjee (2012), and Singh (2021), to highlight how GIs contribute to sustainable rural development.


    [1] Nayak, S. K., Thorat, S. B., & Kalyankar, N. V. (2010).

  • COMPULSORY LICENSING IN INDIA: A CRITICAL ANALYSIS POST–NOVARTIS V. UNION OF INDIA

    COMPULSORY LICENSING IN INDIA: A CRITICAL ANALYSIS POST–NOVARTIS V. UNION OF INDIA

    AUTHOR – SHAMBHAVI SINGH, STUDENT AT AMITY LAW SCHOOL/AMITY UNIVERSITY PATNA,BIHAR

    BEST CITATION – SHAMBHAVI SINGH, COMPULSORY LICENSING IN INDIA: A CRITICAL ANALYSIS POST–NOVARTIS V. UNION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 218-225, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT:

    This research paper examines the balance between patent protection and public health through the lens of compulsory licensing (CL) under the Indian Patents Act, 1970. It explores how CL serves as a legal mechanism to ensure affordable access to essential medicines while preserving incentives for innovation. The study traces the historical evolution of India’s CL framework, its alignment with international norms under the TRIPS Agreement and the Doha Declaration, and its practical application in landmark cases such as Bayer v. Natco and Novartis v. Union of India. It further analyzes the post-Novartis landscape, highlighting trends, challenges, and India’s cautious yet principled stance amid global trade pressures. The paper concludes with policy recommendations aimed at strengthening transparency, defining affordability standards, and enhancing institutional capacity. Ultimately, it argues that compulsory licensing remains a vital policy tool ensuring that the patent system functions not only to reward innovation but also to uphold the public’s right to health and equitable access to life-saving medicines.

    Keywords: compulsory licensing, TRIPS, Patent act, Doha declaration, commercial, Public health, Patents,

  • MISUSE AND MANIPULATION OF CSR FUNDS: LEGAL GAPS AND ENFORCEMENT CHALLENGES

    MISUSE AND MANIPULATION OF CSR FUNDS: LEGAL GAPS AND ENFORCEMENT CHALLENGES

    AUTHOR – RAVI RANJAN, STUDENT AT AMITY LAW SCHOOL, PATNA

    BEST CITATION – RAVI RANJAN, MISUSE AND MANIPULATION OF CSR FUNDS: LEGAL GAPS AND ENFORCEMENT CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 207-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    Corporate Social Responsibility (CSR) in India was conceived as a mechanism for translating corporate success into real social good. Ever since it was made obligatory in a statutory form under Section 135 of the Companies Act in 2013, it has mandated some companies to set aside a proportion of their profits for socially beneficial initiatives. While the intent was praiseworthy, the results have been, on the whole, disappointing. Untoward incidents relating to the misuse of CSR funds, politicization of initiatives, and opaque practices have been commonplace, and raise serious issues about accountability and the adequacy of the legal framework. This article addresses these issues in the context of practices in private and public sectors and illustrates how weak enforcement and self-reporting create a social responsibility deficit. Other than self-reporting, the author addresses the potential of compliance audits, judicial activism, and policy reforms to improve the direction of funds and social profitability. Through a review of literature, statutory analysis and study of compliance frameworks, the paper highlights the pernicious gap between genuine CSR and mere financial outlay.The objective is to develop a governance model that fosters real social accountability, enhances openness, and propels CSR in India from a mere compliance-focused activity to a catalyst for enduring social change.

    Keywords:

    Corporate Social Responsibility, CSR fund diversion, India, Section 135 Companies Act 2013, accountability, transparency, audit mechanisms, political influence, legal enforcement

  • MODERN DAY TECHNOLOGIES IN CRIMINAL INVESTIGATION

    MODERN DAY TECHNOLOGIES IN CRIMINAL INVESTIGATION

    AUTHOR – SHAIK KHAJA GHAREEBAN NAWAZ S, B.S.ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, VANDALUR, CHENNAI

    BEST CITATION – SHAIK KHAJA GHAREEBAN NAWAZ S, MODERN DAY TECHNOLOGIES IN CRIMINAL INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 201-206, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Introduction

    The field of criminal investigation has evolved significantly in recent years due to the advancements in technology. The use of technology has revolutionized the way criminal investigations are conducted, from gathering evidence to analyzing and presenting it in court. With new tools and techniques, law enforcement agencies now have more efficient and effective means to solve crimes and bring criminals to justice. One of the key ways technology has impacted modern criminal investigations is through the use of digital evidence. With the rise of the digital age, criminals are increasingly using digital devices and platforms to commit crimes. This has created a vast amount of digital evidence that can be used by law enforcement agencies to investigate and solve crimes. Digital evidence includes data from cell phones, computers, social media, and other electronic devices.

  • JUDICIAL PROTRACTION, CHILDHOOD SUBVERTED: ANALYZING THE IMPACT OF TRIAL DELAY ON POCSO VICTIMS AND REHABILITATION CONTINUITY A FORMAL ANALYSIS OF SYSTEMIC FAILURES AND THE CRISIS OF EXPEDITED JUSTICE IN INDIA

    JUDICIAL PROTRACTION, CHILDHOOD SUBVERTED: ANALYZING THE IMPACT OF TRIAL DELAY ON POCSO VICTIMS AND REHABILITATION CONTINUITY

    A FORMAL ANALYSIS OF SYSTEMIC FAILURES AND THE CRISIS OF EXPEDITED JUSTICE IN INDIA

    AUTHORS – TEJESHVI SRIVASTAV* & ANKUSH SRIVASTAVA**

    * STUDENT AT CITY LAW COLLEGE, CHINHUT

    ** STUDENT AT BABU BANARASI DAS UNIVERSITY

    BEST CITATION – TEJESHVI SRIVASTAV & ANKUSH SRIVASTAVA, JUDICIAL PROTRACTION, CHILDHOOD SUBVERTED: ANALYZING THE IMPACT OF TRIAL DELAY ON POCSO VICTIMS AND REHABILITATION CONTINUITY – A FORMAL ANALYSIS OF SYSTEMIC FAILURES AND THE CRISIS OF EXPEDITED JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 194-200, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Chapter 1: Introduction and Conceptual Framework

    1.1 The POCSO Act: The Legislative Mandate for Expediency

    The Protection of Children from Sexual Offences (POCSO) Act, 2012, represents a critical legislative measure instituted by the Indian Parliament to establish a child-centric framework for addressing sexual abuse. A foundational requirement of this legislation is stipulated in Section 35(2), which mandates that trial proceedings must be concluded, “as far as possible, within a period of one year from the date of taking cognizance.” This strict timeline underscores a core legislative principle: that prolonged judicial engagement severely compromises the developmental and psychological well-being of the child victim. The objective of the Act is dual: to ensure the punishment of perpetrators and the protection and restorative rehabilitation of child survivors. This commitment is further buttressed by Article 39(f) of the Constitution [Source Ref: Article 39(f)], which directs the State to ensure that children are given opportunities to develop in a healthy manner, a principle directly undermined by judicial protraction.

  • INHUMANE TREATMENT OF PRISONERS IN JAIL IN INDIA

    INHUMANE TREATMENT OF PRISONERS IN JAIL IN INDIA

    AUTHOR – MUSKAAN MALIK, STUDENT AT GGSIPU

    BEST CITATION – MUSKAAN MALIK, INHUMANE TREATMENT OF PRISONERS IN JAIL IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 189-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    This study’s goal is to show the outcomes of a thorough investigation into how badly inmates are treated in India, along with the causes and effects of this abuse.  This scientific study will take a close look at the main issues that still remain in the prison setting.   Overcrowding, being locked up for long periods of time before a trial, torture and deaths in custody, bad health care and cleanliness, and not having access to basic needs based on age and gender are some of the problems with prisons. To reach its goals, this study uses official records, investigations by international non-governmental groups, important Supreme Court decisions, and academic literature. This page completely describes the laws, rules, and attempts to change things that are currently in place to fix these systemic issues. They are meant to help us deal with the issues that have been brought up. When these problems are looked at in the bigger picture of civil law and human rights, the study shows how the laws are not always carried out the way they are supposed to be. This is done to help people understand the problem better. Based on the evidence, the study ends with ideas for changes to the law, the way the government is set up, and how the courts watch over things. The ideas here are based on facts. The goals of these ideas are to make sure that India’s courts follow the constitutional rights to justice and dignity, as well as human rights standards that are recognized all over the world.  Some of these claims are based on religious views and others on facts from the real world

  • VICTIMOLOGY IN GLOBAL AND INDIAN PERSPECTIVES: EVOLUTION, IMPACT, LEGAL FRAMEWORKS, AND CONTEMPORARY DEVELOPMENTS

    VICTIMOLOGY IN GLOBAL AND INDIAN PERSPECTIVES: EVOLUTION, IMPACT, LEGAL FRAMEWORKS, AND CONTEMPORARY DEVELOPMENTS

    AUTHOR – MR. GANESH SHRIRANG NALE (SATARKAR), M.A. SOCIOLOGY, DEPARTMENT OF SOCIOLOGY, CENTRAL UNIVERSITY OF HARYANA, MAHENDRAGARH

    BEST CITATION – MR. GANESH SHRIRANG NALE (SATARKAR), VICTIMOLOGY IN GLOBAL AND INDIAN PERSPECTIVES: EVOLUTION, IMPACT, LEGAL FRAMEWORKS, AND CONTEMPORARY DEVELOPMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 184-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

                                  Victimology, the scientific study of victims and their interactions with offenders and the criminal justice system, has evolved significantly from its early marginal status in criminology to a prominent discipline influencing criminal justice reforms worldwide. This paper explores the historical, conceptual, and theoretical development of victimology in both global and Indian contexts. It discusses the emergence of victim rights movements, the 1985 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and the growing recognition of victims as central actors in justice systems. The study further examines the victim–offender relationship, psychological and financial impacts of victimization, and distinctions among primary, secondary, and tertiary victimization. The role of non-governmental organizations (NGOs) in providing victim assistance is analyzed, along with criminological theories such as routine activities, lifestyle exposure, and repeat victimization. The paper also explores legal perspectives on victim rights and compensation under the Indian Criminal Procedure Code (CrPC) and state schemes. Finally, it evaluates contemporary trends such as mass victimization, clinical and cyber victimology, therapeutic jurisprudence, and positive victimology. The findings emphasize that achieving justice for victims requires integrating international principles with culturally and legally relevant domestic frameworks. The study advocates for a holistic approach to victim support combining psychological recovery, legal protection, and social rehabilitation.

    Keywords: Victimology, Victim-Offender Relationship, UN Declaration 1985, PTSD, Victim Compensation, NGOs, India, Therapeutic Jurisprudence, Cyber Victimology, Positive Victimology.

  • TAXATION IS THE BACKBONE OF THE NATION

    TAXATION IS THE BACKBONE OF THE NATION

    AUTHOR – SUBASHREE KAVIYA, STUDENT AT DR. M.G.R. UNIVERSITY

    BEST CITATION – SUBASHREE KAVIYA, TAXATION IS THE BACKBONE OF THE NATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 182-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

    India’s Tax System: Building Tomorrow’s Nation Today

    Taxation fuels every nation’s growth engine—funding highways, hospitals, schools, and defense. India’s constitutional framework divides tax powers between Central and State governments, creating a robust revenue system that balances equity with economic progress. Over the past decade, sweeping reforms have streamlined tax laws, reduced rates, and improved compliance, transforming how citizens and businesses contribute to national development.

  • LEGAL CONSIDERATION AND ADMISSIBILITY OF TOOL MARKS EVIDENCE

    LEGAL CONSIDERATION AND ADMISSIBILITY OF TOOL MARKS EVIDENCE

    AUTHOR – MONALISHA R A, LLM STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

    BEST CITATION – MONALISHA R A, LEGAL CONSIDERATION AND ADMISSIBILITY OF TOOL MARKS EVIDENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 171-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

    1.1 INTRODUCTION

    Tool mark evidence refers to the impressions, striations, or cuts produced when a tool makes contact with a surface, leaving behind distinctive marks that can be examined scientifically[1]. In forensic investigations, such evidence becomes significant in linking a suspect with the crime scene or object involved[2]. The Indian legal system recognizes tool mark analysis under the category of expert opinion, as provided in Section 39 of the Bharatiya Sakshya Adhiniyam Act, 2023[3]. However, admissibility depends not only on the expertise of the examiner but also on strict adherence to procedural safeguards such as chain of custody and proper documentation[4]. Courts generally consider tool mark evidence as corroborative in nature, requiring support from other forms of evidence before it can substantially influence judicial outcomes[5].


    [1] Saferstein, Richard, Criminalistics: An Introduction to Forensic Science, 12th ed. (Pearson, 2017) p. 278.

    [2] Inman, Keith & Rudin, Norah, Principles and Practice of Criminalistics: The Profession of Forensic Science (CRC Press, 2001) p. 143.

    [3] Section 39 of BSA Act, 2023

    [4] Sharma, B.R., Forensic Science in Criminal Investigation and Trials, 6th ed. (Universal Law Publishing, 2017) p. 512.

    [5] State of Maharashtra v. Damu, (2000) 6 SCC 269.

  • LEGAL ADMISSIBILITY OF VOICE RECOGNITION TECHNOLOGY IN THE INFORMATION AND COMMUNICATION TECHNOLOGY – ENABLED CRIMINAL INVESTIGATIONS

    LEGAL ADMISSIBILITY OF VOICE RECOGNITION TECHNOLOGY IN THE INFORMATION AND COMMUNICATION TECHNOLOGY – ENABLED CRIMINAL INVESTIGATIONS

    AUTHOR – MONALISHA R A, LLM STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU , CHENNAI

    BEST CITATION – MONALISHA R A, LEGAL ADMISSIBILITY OF VOICE RECOGNITION TECHNOLOGY IN THE INFORMATION AND COMMUNICATION TECHNOLOGY – ENABLED CRIMINAL INVESTIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 156-170, APIS – 3920 – 0001 & ISSN – 2583-2344.

    INTRODUCTION

    The growth of Information and Communication Technology (ICT) has transformed criminal investigations, with voice recognition technology becoming an important forensic tool[1]. It assists in authenticating recorded conversations, identifying suspects, and securing digital evidence[2]. However, its admissibility raises questions of reliability, privacy, and constitutional protections.

    In India, the Bharatiya Sakshya Adhiniyam Act, 2023 and the Information Technology Act, 2000 recognise electronic records[3], but challenges persist regarding tampering, accuracy, and safeguards against self-incrimination under Article 20(3) of the Constitution. The Supreme Court in Ritesh Sinha v. State of Uttar Pradesh held that compelling a voice sample is not testimonial compulsion[4], yet the absence of procedural standards leaves uncertainties. Comparative jurisprudence in the United States and United Kingdom underscores the need for scientific validation and transparency[5]. This article undertakes a doctrinal study of the admissibility of voice recognition evidence in ICT-enabled investigations, highlighting statutory provisions, judicial approaches, and the need for reform.


    [1] R. Togneri & J. Pullella, “An Overview of Speaker Identification: Accuracy and Robustness Issues” (2011) 1 IEEE Circuits and Systems Magazine 23.

    [2] Lawrence M. Solan & Peter M. Tiersma, Speaking of Crime (University of Chicago Press 2005).

    [3] The BSA Act, sec 62 & 63; IT Act, 2000 sec 2&4

    [4] Ritesh Sinha v. State of Uttar Pradesh, (2019) 8 SCC 1.

    [5] Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993); R v. Robb [1991] 93 Cr App R 161 (CA).