Category: Volume 5 and Issue 13 of 2025

SUCCESSION RIGHTS OF ILLEGITIMATE AND ADOPTED CHILDREN

AUTHOR – SOURAV SAHU, STUDENT AT BIRLA GLOBAL UNIVERSITY

BEST CITATION – SOURAV SAHU, SUCCESSION RIGHTS OF ILLEGITIMATE AND ADOPTED CHILDREN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 54-62, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study looks at the rights of children born outside of marriage (commonly called “illegitimate” children) in India’s several personal law systems, with a focus on guardianship, inheritance, maintenance, and status. In India, a number of personal laws that apply to

different religious groups—including the Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, the Indian Succession Act of 1925 (for Christians), and Islamic personal law— have developed differently with regard to children born outside of marriage. In the past, these children were denied full inheritance and succession rights and experienced social and legal prejudice. Their rights have been gradually increased by recent jurisprudence,

nevertheless. For example, Section 16(3) of the Hindu Marriage Act recognizes children born of void or voidable marriages as legal and they are entitled to both (in some cases) ancestral property and the self-acquired property of their biological parents. However, legal experts point out that they still have limited standing in joint family (coparcenary) property.

Legitimate and illegitimate children may inherit equally under the Indian Succession Act. However, in the fields of guardianship, maintenance, and religious law, loopholes still exist. This study makes the case that, in spite of progressive case law, the fragmentation of personal laws still prevents a unified protective framework. It suggests legislative reform (possibly a uniform civil code) to guarantee equal rights for all children, regardless of their parents’ marital status.

Keywords-Succession Rights, Illegitimate Children, Adopted Children, Inheritance Law, Personal Laws in India.

COOPERATIVE FEDERALISM UNDER THE CONSTITUTION OF INDIA

AUTHOR – HARSHWARDHAN HARPUDE, LLM STUDENT AT SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – HARSHWARDHAN HARPUDE, COOPERATIVE FEDERALISM UNDER THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 52-53, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Cooperative federalism is a fundamental principle of the Indian Constitution, which envisages a collaborative relationship between the Union government and the states. This principle is essential for promoting unity and integrity, ensuring economic and social development, and addressing the diverse needs of different regions. In this seminar paper, we will explore the concept of cooperative federalism under the Constitution of India.

INTELLECTUAL PROPERTY RIGHTS (IPR): MEANING, GROWTH, AND PRESENT-DAY ISSUES

AUTHOR – NAGMANI ROY, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – NAGMANI ROY, INTELLECTUAL PROPERTY RIGHTS (IPR): MEANING, GROWTH, AND PRESENT-DAY ISSUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 50-51, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YNWF1601

Introduction

Intellectual Property Rights (IPR) are legal protections granted to creators for their original intellectual efforts. These rights cover a wide range of human creativity—such as inventions, artistic works, software, brand identities, industrial designs, and traditional products. By giving creators exclusive control over their work, IPR encourages innovation, supports economic growth, and promotes fair competition in society.

FORENSIC PREPAREDNESS AND GENDER JUSTICE IN INDIA: ANALYZING GAPS IN POLICE TRAINING AND FORENSIC INFRASTRUCTURE IN CRIMES AGAINST WOMEN

AUTHOR – AYUSHI YADAV, ADVOCATE, JIWAJI UNIVERSITY GWALIOR

BEST CITATION – AYUSHI YADAV, FORENSIC PREPAREDNESS AND GENDER JUSTICE IN INDIA: ANALYZING GAPS IN POLICE TRAINING AND FORENSIC INFRASTRUCTURE IN CRIMES AGAINST WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 43-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Forensic preparedness forms a critical foundation for achieving gender justice in cases of sexual offences in India, where timely and scientific handling of evidence plays a decisive role in conviction outcomes. The existing legal and institutional mechanisms, including statutory mandates for medical and forensic exams under criminal law, provide a structured framework for the collection, preservation, and evaluation of scientific evidence in crimes against women. However, the study reveals persistent gaps in police training, forensic infrastructure, and inter-departmental coordination that undermine the potential of these legal provisions.

Despite national directives establishing Sexual Assault Evidence Kits and specialised forensic units, implementation remains inconsistent. Shortage of trained personnel, delays in forensic analysis, and non-adherence to chain-of-custody standards weaken evidentiary value and create barriers to justice delivery.  While specialised units and trauma-sensitive procedures are mandated, police often lack gender-sensitive training and forensic literacy, resulting in compromised evidence collection. Judicial authorities have consistently emphasised the importance of scientific evidence and professional investigation standards, affirming that procedural lapses can lead to miscarriage of justice.

This research paper highlight the need for systematic capacity-building, technological upgrades, and strict monitoring mechanisms to ensure standardised forensic practices. Strengthening police-forensic-medical coordination, enhancing victim-support structures, and adopting digital case-tracking systems are essential to improving justice outcomes.  A holistic approach integrating scientific investigation, administrative reform, and survivor-centric protocols is necessary to reinforce public trust and secure gender justice in India.

JUDICIAL REVIEW AND OVERREACH IN IPR: A COMPRATIVE ANALYSIS OF TRADEMARK

AUTHOR – SATWIK ARYAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – SATWIK ARYAN, JUDICIAL REVIEW AND OVERREACH IN IPR: A COMPRATIVE ANALYSIS OF TRADEMARK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 39-42, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The delicate balance between judicial activism and judicial restraint is a cornerstone of constitutional governance, particularly relevant in specialized and rapidly evolving fields like Intellectual Property Rights (IPR). This paper examines the role of judicial review in trademark law, focusing specifically on instances where court interventions might be perceived as judicial overreach, essentially interfering with the legislative and executive domains of policymaking and administration.

The study employs a comparative doctrinal analysis, focusing on trademark jurisprudence in India and the United States, two jurisdictions with different approaches to the separation of powers and judicial interpretation. It traces landmark case law and statutory interpretations to highlight how the boundary between legitimate judicial interpretation of trademark statutes (e.g., in cases of deceptive similarity, dilution, or non-conventional marks) and judicial legislation is often blurred in practice. The paper argues that while judicial review is a vital mechanism to protect the fundamental rights of trademark holders and consumers, an expansive exercise of this power can lead to uncertainty and a lack of clear statutory guidelines, potentially eroding the predictability of IPR enforcement.

KEYWORDS

Judicial Review, Judicial Overreach, Intellectual Property Rights (IPR), Trademark Law, Comparative Analysis, India, United States, Judicial Activism, Separation of Powers.

THE REGULATIONS FOR DRUG CLINICAL TRIALS IN GOVERNMENT OF INDIAN LAW

AUTHOR – MR. YADAIAH J, LL.M,(PH.D) FACULTY OF LAW, BHASKAR LAW COLLEGE OSMANIA UNIVERSITY

BEST CITATION – MR. YADAIAH J, THE REGULATIONS FOR DRUG CLINICAL TRIALS IN GOVERNMENT OF INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 32-38, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YPFL3741  

YADAIAH.J   COMMENTS ON THE REGULATIONS FOR DRUG CLINICAL TRIALS IN GOVERNMENT OF INDIA LAW  MAKES AN ATTEMPT TO BALANCE OF PHARMACY INDUSTRY DEVELOPMENT AND WITH PUBLIC HEALTH, IN THIS REGARDS

ABSTRACT

The development of a new drug is a long process. Once the promising compound is identified, it has to be investigated in laboratory studies and be tested on laboratory animals. After years of work the newly developed drug is ready for clinical trials, or the testing on human volunteer.
Clinical trials with safeguards are necessary for the introduction of new drugs for a country like India considering its disease burden and emergence of new variants of diseases. It is the only way of establishing the safety and efficacy of any new drug before its introduction into the market for human use.

The major ethical risks detected in clinical research were related to errors in the methodology of obtaining informed consent, monitoring the participant’s safety during the clinical trial, and falsifying collected data.

A few famous cases of ethical misconduct were found and analyzed, and methods to decrease the risk of the re-appearance of such problems have been listed. Finally, this review is an invitation to explore the complexity of the methodology of clinical research and its ethical and legal risks, and to find new ways to mitigate the possibility of such risks related to the research process.

The Drugs and Cosmetics Act, 1940, and the Rules made thereunder-as also the New Drugs & Clinical Trials Rules, 2019-form the legal basis for these regulations.

MATERIALS AND METHODS A search of two electronic databases was performed using the terms malpractice OR ethical issues OR methodological errors OR legal issues AND clinical trials OR pharmacological research OR drug research OR psychopharmacology.

Keywords: clinical trial, volunteers, informed consent, vulnerable population, pharmacological agents, psychopharmacology, and ethical misconduct.

PATENT RIGHT CHALLENGES IN ARTIFICIAL ORGAN TRANSPLANTATION: PATENTING BIOMEDICAL DEVICES AND ORGAN PRINTING IN INDIA

AUTHOR – BOWYADARSHINI K & HEMAVARSHINI S 

STUDENTS AT SASTRA DEEMED TO BE UNIVERSITY

BEST CITATION – BOWYADARSHINI K & HEMAVARSHINI S, PATENT RIGHT CHALLENGES IN ARTIFICIAL ORGAN TRANSPLANTATION: PATENTING BIOMEDICAL DEVICES AND ORGAN PRINTING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 24-31, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Through a doctrinal research methodology, the paper analyzes statutory provisions, leading judicial pronouncements, and international standards such as the TRIPS Agreement and WIPO guidelines. Comparative insights are drawn from jurisdictions like the United States and the European Union, where patent laws provide a broader scope for biotechnology and medical device innovations. The paper explores fundamental issues of novelty, inventive step, and industrial applicability in relation to artificial organs, while also addressing the challenges posed by hybrid inventions combining biological and mechanical elements.

Furthermore, the research evaluates the balance between patent protection and public health imperatives, particularly in the light of compulsory licensing provisions under Sections 84 and 92 of the Patents Act. It highlights how excessive patent monopolies could lead to affordability concerns and limited accessibility of life-saving technologies, thereby necessitating a policy framework that incentivizes innovation without compromising public health objectives. The findings suggest that while Indian patent law offers a structured mechanism for protecting biomedical inventions, the existing exclusions under Section 3 and ambiguous interpretations create uncertainty for innovators in the field of artificial organ technology. The paper concludes by recommending reforms that align Indian patent law with global best practices, ensuring clarity on patent eligibility criteria for biomedical devices and fostering an ecosystem conducive to innovation and ethical compliance.

STRATEGIC TARIFF & ECONOMIC LEVERAGE US – CHINA TRADE PHASE

AUTHOR – SRIHARI.S, LLM STUDENT AT AMITY SCHOOL OF LAW NOIDA

BEST CITATION – SRIHARI.S, STRATEGIC TARIFF & ECONOMIC LEVERAGE US – CHINA TRADE PHASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 13-23, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/UDHC4607

ABSTRACT

The ongoing trade confrontation between the United States and China has redefined the global economic order, signaling a transition from traditional protectionism to a new era of strategic economic statecraft. This research critically examines how the use of tariffs has evolved into a mechanism of geopolitical leverage, shaping trade diplomacy, technological competition, and international economic governance. By analyzing policy measures introduced since 2018, the study explores whether such tariffs have fulfilled their intended goals of correcting trade imbalances or have instead generated systemic^[1] instability within global markets. Through the lens of neomercantilist and realist economic theories, the paper investigates how both nations have weaponized interdependence, influencing global supply chains and multilateral institutions such as the World Trade Organization. 

The findings reveal that while strategic tariffs may offer short-term negotiation advantages, they often undermine long-term economic resilience and mutual interdependence, leading to supply chain fragmentation and institutional distrust. The research concludes that the U.S.–China trade relationship now stands at a critical crossroads—where economic competition must evolve into cooperative regulation to preserve global stability. Ultimately, this paper contributes to the understanding of how economic instruments, when used strategically, can both empower and endanger the global trade system.    

Keywords: Strategic Tariffs, Economic Leverage, U.S.–China Trade War, Global Supply Chains, Economic Statecraft, WTO, Geoeconomics

---

[1] David A. Baldwin, Economic Statecraft(Princeton University Press, 1985), at 42–45 (discussing how nations employ economic instruments, including tariffs and sanctions, as tools of political influence rather than mere trade regulation). 

CRIME AND ATROCITIES AGAINST WOMEN: A STUDY OF DOMESTIC VIOLENCE IN CHHATTISGARH

AUTHOR – SAMTA DEWANGAN, LLM STUDENT AT KALINGA UNIVERSITY RAIPUR

BEST CITATION – SAMTA DEWANGAN, CRIME AND ATROCITIES AGAINST WOMEN: A STUDY OF DOMESTIC VIOLENCE IN CHHATTISGARH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 01-12, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ALYT7079

ABSTRACT

Chhattisgarh a central Indian state with a substantial tribal population continues to face significant challenges regarding crimes and atrocities against women, particularly in the form of domestic violence. This research paper presents a comprehensive analysis of the magnitude, patterns, and driving factors behind domestic violence in Chhattisgarh, drawing on the latest government records, National Crime Records Bureau (NCRB) data for 2023, and relevant academic literature. The study aims to unravel the social, legal, and structural determinants of violence, offering insights into both state-level trends and the unique vulnerabilities of tribal and rural women.Using a mixed-methods approach, the research collates quantitative data from government and NCRB reports on crime categories rape, assault to outrage modesty, cruelty by husbands or relatives, dowry deaths, and other forms of violence alongside qualitative findings from peer-reviewed studies and field surveys focused on tribal communities. In 2023, Chhattisgarh registered 6,920 cases of crimes against women, with “assault with intent to outrage modesty” (31%), “cruelty by husband or relatives” (28%), and “rape” (21%) forming the majority. Many offences remain underreported, particularly in marginalized tribal districts. Alcohol abuse, lack of legal literacy, poverty, and deep-rooted patriarchy emerge as key catalysts.The study examines state legal responses, especially under the Protection of Women from Domestic Violence Act, 2005, highlighting a high charge-sheeting rate of over 92% but far lower conviction rates. While Chhattisgarh has invested in protection officers, helplines, and awareness campaigns, challenges persist in implementation, particularly in remote areas. Tables and a pie chart visualize the distribution of offence types and temporal trends, enriching comparative context and aiding policy analysis.Findings stress the need for tailored, community-based interventions to address underreporting, improve access to legal and psychological support, and build institutional capacity to serve the most vulnerable groups. Recommendations include legal literacy drives, capacity-building for police and protection officers, and expanded outreach among SC/ST and rural women. The research underscores that, despite legal progress, combating domestic violence in Chhattisgarh requires an integrated approach blending reform, outreach, and grassroots advocacy, grounded in local realities and backed by sustained data monitoring.

Key words: Chhattisgarh, domestic violence, crimes against women, tribal communities, NCRB data

‘BULLDOZER JUSTICE’ IN INDIA -A MODEL OF GOOD GOVERNANCE OR A BRICOLAGE OF GLOBAL AND TERRITORIAL HUMAN RIGHTS VIOLATIONS?

AUTHOR – DR SOHINI BANERJEE, ASSOCIATE PROFESSOR AT INDIAN INSTITUTE OF SOCIAL WELFARE AND BUSINESS MANAGEMENT (IISWBM) KOLKATA

BEST CITATION – DR SOHINI BANERJEE, ‘BULLDOZER JUSTICE’ IN INDIA -A MODEL OF GOOD GOVERNANCE OR A BRICOLAGE OF GLOBAL AND TERRITORIAL HUMAN RIGHTS VIOLATIONS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 751-760, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Like ethnic cleansing, retaliatory or collective punishment is a subject of International humanitarian law and contrary to International and domestic legislations.This paper focuses on the startling findings of two recent human rights violation reports by Amnesty international and along with it the requirement of an ethical corporate stance that must be taken by a multinational manufacturer of bulldozers.Two recent February 2024 Reports by Amnesty International’s research exposes that Indian authorities in the states of Assam, Delhi, Gujarat, Madhya Pradesh, and Uttar Pradesh have carried out targeted demolitions as deterrent punishment against Muslims people’s homes, business and places for worship for allegedly participating in protests and communal violence. Such forced evictions and collective and arbitrary punishment, impact the rights to adequate housing, livelihood, life and liberty and fair trial of many, including men, women, children and elderly persons. The demolitions were carried out by the respective state authorities without any prior consultation, adequate notice, and alternative resettlement opportunities. Demolitions were also discriminatory ,causing the displacement and dispossession of Muslims, creating unbearable living conditions for the larger Muslim community and sustaining stigmatization and criminalization of Muslims. No relief or compensation has been made by the state authorities for affected parties. Victims who have initiated legal action in Indian courts are continuing their legal battles. No one worried about the effects of such collective punishment on women, children and families.

Keywords: Bulldozers, Human Rights, Muslims, Dispossession, Demolition(228 words)