Category: Volume 5 and Issue 13 of 2025

ROLE OF CONSTITUTION IN SHAPING CITIZENSHIP LAW IN INDIA

AUTHOR – A.B AMBIKA RANI, STUDENT AT AMITY UNVERSITY PATNA

BEST CITATION – A.B AMBIKA RANI, ROLE OF CONSTITUTION IN SHAPING CITIZENSHIP LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 562-564, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:-

Citizenship is the legal and political relationship between the individuals and the state, encompassing both right and responsibilities. In India, this relationship is constitutionally anchored and reflective of the country’s commitment to democracy, secularism and equality. The legal framework governing citizenship has undergoes significant evolution from accommodating the historical aftermath of partition to addressing contemporary challenges of identify, migration, and national security. The introduction of the Citizenship Amendment Act, 2019 (CAA), alongside proposed mechanisms like the National Register of Citizen (NRC) and National Population Register (NPR), has brought citizenship discourse to the forefront, raising critical question about inclusion, exclusion, and constitutional morality. This paper seeks to analyze the trajectory of citizenship law in India and their intersection with democratic value and human rights, with a focus on legal interpretation and implications for marginalized communities.

JUSTICE DELAYED: AN ANALYSIS OF SYSTEMIC FLAWS AND REFORMS IN THE INDIAN JUDICIARY

AUTHOR – KUMARI PRIYAMVADA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – KUMARI PRIYAMVADA, JUSTICE DELAYED: AN ANALYSIS OF SYSTEMIC FLAWS AND REFORMS IN THE INDIAN JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 558-561, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The judiciary is a cornerstone of governance, tasked with upholding justice and enforcing the rule of law. In India, however, numerous systemic flaws hinder the efficient and timely dispensation of justice. Problems such as case backlogs, delays, corruption, and a lack of transparency persist, causing significant disruptions in the justice delivery system. This paper seeks to analyse these concerns comprehensively, focusing on their impact and the necessity of reform. The article covers the judiciary’s current issues, their root causes, the effects on society, and possible solutions based on case law, research, and recent reforms. The paper also discusses both the negative and positive dimensions of the judiciary’s functioning and concludes with suggestions for improving justice delivery in India.

Keyword:-Indian Judiciary, Judicial Reforms, Justice Delivery System, Case Backlog, Judicial Delays,​Access to Justice, Judicial Accountability, Transparency, Corruption, Undertrial Prisoners, ​Judicial Activism, E-Courts, Digitization, Fast-Track Courts, Public Interest Litigation (PIL)

PATENT LAW UNDER INTELLECTUAL PROPERTY RIGHTS (IPR)

AUTHOR – SUNDRAM KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – SUNDRAM KUMAR, PATENT LAW UNDER INTELLECTUAL PROPERTY RIGHTS (IPR), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 553-557, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The concept of Intellectual Property Rights (IPR) has emerged as a cornerstone of modern innovation and economic development. Among the various branches of IPR, patent law plays a pivotal role in safeguarding technological inventions and promoting creative advancement. A patent grants inventors exclusive rights to their inventions for a limited period, ensuring recognition, financial reward, and encouragement for further research and innovation.

This paper examines the fundamental principles, objectives, and evolution of patent law within the framework of IPR. It explores international instruments such as the Paris Convention, Patent Cooperation Treaty (PCT), and the TRIPS Agreement, which have harmonized global patent systems. Special emphasis is placed on the Indian Patent Act, 1970, its subsequent amendments, and the balance it maintains between promoting innovation and protecting public interest.

The study also analyses key provisions related to patentability, procedure for grant, compulsory licensing, and infringement remedies, supported by landmark judicial decisions. Furthermore, it highlights current challenges in the Indian patent regime, such as evergreening, accessibility to medicines, and adaptation to emerging technologies like biotechnology and artificial intelligence.

Ultimately, the paper concludes that an effective and balanced patent system is essential to encourage innovation while ensuring equitable access to knowledge and technology for societal welfare.

Keywords: Patent Law, Intellectual Property Rights, Innovation, TRIPS Agreement, Indian Patent Act, Compulsory Licensing, Infringing

ADMISSIBILITY OF FINGERPRINT RECOGNITION EVIDENCE IN INDIAN CRIMINAL TRIALS: AN ICT AND LEGAL PERSPECTIVE

AUTHOR – MAHALAKSHMI V, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MAHALAKSHMI V, ADMISSIBILITY OF FINGERPRINT RECOGNITION EVIDENCE IN INDIAN CRIMINAL TRIALS: AN ICT AND LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 539-552, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The introduction of the National Automated Fingerprint Identification System (NAFIS) and India’s new criminal legal framework—comprising the Bharatiya Sakshya Adhiniyam (BSA), 2023, and the Criminal Procedure (Identification) Act (CPI Act), 2022—has fundamentally shifted fingerprint evidence from a traditional forensic discipline to a high-volume, ICT-enabled domain. This paper undertakes a doctrinal analysis of the legal and technical requirements governing the admissibility of this evidence in Indian criminal trials. It establishes that admissibility now rests on a critical duality: the traditional judicial acceptance of the science as reliable expert opinion (BSA Section 39) must be seamlessly integrated with the stringent procedural standards for electronic records (BSA Section 63). Key findings highlight that the constitutionality of the NAFIS database is intrinsically threatened by the CPI Act’s mandatory 75-year data retention period, which is highly vulnerable to challenge under the proportionality test inherent in Article 21. Furthermore, admissibility relies entirely on procedural compliance, specifically the mandatory Section 63(4) Certificate (KsandK, 2023), which requires accurate documentation of digital integrity via hash value protocols. The current lack of mandatory algorithm validation and standardized forensic training poses significant technical risks to the evidentiary reliability of automated matches. The paper concludes that without immediate policy reforms to standardize protocols, ensure algorithm transparency and harmonizes retention policies with constitutional mandates, the integrity and continued admissibility of this cornerstone of forensic evidence will remain precarious.

Keywords: Fingerprint Recognition; Automated Fingerprint Identification System (AFIS); National Automated Fingerprint Identification System (NAFIS); Bharatiya Sakshyam Adhiniyam (BSA) 2023; Criminal Procedure (Identification) Act (CPI Act) 2022; Electronic Evidence; Admissibility; Right to Privacy (Article 21); Chain of Custody (CoC); Forensic Science.

DIGITAL BIOPIRACY: GENETIC DATA, CLOUD DATABASES, AND THE RISE OF INVISIBLE APPROPRIATION

AUTHOR – ADITI RAJ, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – ADITI RAJ, DIGITAL BIOPIRACY: GENETIC DATA, CLOUD DATABASES, AND THE RISE OF INVISIBLE APPROPRIATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 533-538, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The digitization of genetic information has revolutionized biological research and global innovation but has also given rise to a new and less visible form of exploitation—digital biopiracy. Unlike traditional biopiracy, which involves the physical appropriation of biological materials, digital biopiracy exploits genetic sequences and traditional knowledge stored in cloud databases, often without authorization, compensation, or recognition. The capacity to download, replicate, and modify genetic data across borders has created profound legal, ethical, and jurisdictional dilemmas. This paper explores the evolution of digital biopiracy, the gaps in existing international legal frameworks such as the TRIPS Agreement, the Convention on Biological Diversity (CBD), and the Nagoya Protocol, and the tension between open-access scientific data and sovereign rights over genetic resources. It further examines the role of emerging technologies—artificial intelligence (AI) and blockchain—in reshaping governance and offers policy recommendations for equitable, transparent, and ethically responsible digital genetic data management.

Keywords – Digital Biopiracy, Genetic Data, Intellectual Property Rights, Cloud Databases, Artificial Intelligence, Biodiversity Governance, Data Sovereignty, Biotechnology, Ethical Governance, Global IP Law

BIOPIRACY AND PATENT ETHICS: A GLOBAL GOVERNANCE DILEMMA

AUTHOR – APURVA SINGH, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – APURVA SINGH, BIOPIRACY AND PATENT ETHICS: A GLOBAL GOVERNANCE DILEMMA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 528-532, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Biopiracy has emerged as one of the most contentious ethical and legal challenges in the domain of Intellectual Property Rights (IPR). It involves the unauthorized and uncompensated appropriation of biological resources and traditional knowledge (TK), often from indigenous communities, by corporations or research entities seeking patent protection. The conflict between global patent regimes and the protection of biodiversity-rich developing countries—such as India—reflects a fundamental governance dilemma: how to reconcile intellectual property protection with ethical, equitable access to genetic resources. This paper explores the concept and evolution of biopiracy, examines international legal frameworks such as the TRIPS Agreement, the Convention on Biological Diversity (CBD), and the Nagoya Protocol, and evaluates India’s national legal response through instruments like the Biological Diversity Act, 2002, and the Protection of Plant Varieties and Farmers’ Rights Act, 2001. It critically analyses the ethical implications of patenting life forms, the inadequacy of benefit-sharing mechanisms, and the path forward toward an equitable global IP order that respects indigenous rights and biodiversity sovereignty.

Keywords – Biopiracy, Patent Ethics, Traditional Knowledge, Intellectual Property Rights, TRIPS Agreement, Convention on Biological Diversity, India, Global Governance, Patent Law, Indigenous Rights

INFRINGEMENT OF COPYRIGHT AND THE CIVIL AND CRIMINAL REMEDIES AVAILABLE AGAINST THE INFRINGEMENT OF COPYRIGHT

AUTHOR – RITIK RAUSHAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY PATNA

BEST CITATION – RITIK RAUSHAN, INFRINGEMENT OF COPYRIGHT AND THE CIVIL AND CRIMINAL REMEDIES AVAILABLE AGAINST THE INFRINGEMENT OF COPYRIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 521-527, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Copyright is a legal protection granted to creators of original literary, artistic, musical, and dramatic works, conferring upon them exclusive rights to use, reproduce, and distribute their creations. Infringement of copyright occurs when these exclusive rights are violated without authorization, amounting to an unlawful appropriation of another’s intellectual property. The Copyright Act, 1957 in India provides comprehensive mechanisms to address such violations through both civil and criminal remedies.

Keywords : Copyright ,Infringement , Intellectual Property Rights (IPR) ,Copyright Act, 1957 , exclusive rights , Civil & Criminal Remedies , injunction ,damages ,penalty ,piracy

SOCIO LEGAL IMPACT OF DRUG ABUSE AMONG YOUTH IN J&K

AUTHOR – ANMOL JASROTIA* & DR. AMRITA RATHI**

* LLM STUDENT, UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY

** ASSOCIATE PROFESSOR, UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY

BEST CITATION – ANMOL JASROTIA & DR. AMRITA RATHI, SOCIO LEGAL IMPACT OF DRUG ABUSE AMONG YOUTH IN J&K, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 510-520, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The socio-legal effect of drug abuse among young people in Jammu and Kashmir (J&K) is critically discussed in this research paper, and the phenomenon is placed in the context of long-term conflict, sociopolitical unstable situation, and economic deficiency. Using interdisciplinary literature and empirical accounts, the research clarifies how criminal life substance usage patterns are determined by negative childhood events, joblessness, family instability, and ongoing trauma in a war-torn area. The study examines the compounded vulnerability of the youth aged 1735, based on the complex consequences on mental health, educational access, access to jobs, and social cohesion. The paper uses a socio-legal analytical tool to examine the strengths and weaknesses of the current legal tools, including the Narcotic Drugs and Psychotropic Substances Act, and the recent de-addiction and juvenile justice strategies implemented by the state and law enforcement. The thesis appraises the conflict between punitive politics and rehabilitative demands, where the actions of the law need to be traumatologically and rights-oriented and in the context of widespread social stigma and inadequate mental health care. Among the main findings, there is the interaction of economic marginalisation and peer influence with lack of policy implementation that fuels addiction cycles, stigmatization and social rejection. The dissertation demonstrates significant research gaps in the longitudinal studies and interventions specifically developed to suit particular cultures and recommends a multi-sectoral approach combining health, education, and legal systems. Policy recommendations are focused on the growth of the community-based prevention, harm-reduction behavior, and evidence-based support systems that respond to the lived conditions of youth in J&K. The study eventually proceeds to the finer realization of drug abuse as an informative socio-legal problem, which needs contextually-based, multidimensional interventions.

Keywords: Drug abuse, young people, Jammu and Kashmir, socio-legal influence, conflict zone, mental health, population health, stigmatization, rehabilitation, family relationships, financial deprivation, peer pressure, and prevention interventions.

FAIR USE VS. COPYRIGHT INFRINGEMENT: A LEGAL ANALYSIS

AUTHOR – RUDRAVIR RAJ SHRIYAM, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – RUDRAVIR RAJ SHRIYAM, FAIR USE VS. COPYRIGHT INFRINGEMENT: A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 505-509, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The doctrine of fair use plays a pivotal role in balancing the exclusive rights of copyright owners with the larger public interest in promoting creativity, education, and innovation. This paper undertakes a comprehensive analysis of fair use and copyright infringement, exploring their legal frameworks, judicial interpretations, and comparative perspectives in India and the United States. It discusses the evolution of copyright law, major legislative provisions, and landmark judicial precedents that have shaped the contours of fair use. The study also examines the challenges posed by digital technologies and the tension between creators’ rights and public access. The analysis concludes that a balanced and flexible approach to fair use is essential to ensure that copyright law continues to foster creativity without stifling the freedom of expression or innovation.

Keywords:

Fair Use, Copyright Infringement, Intellectual Property Rights, Indian Copyright Law, U.S. Copyright Act, Judicial Interpretation, Digital Era, Transformative Use, Fair Dealing, Creative Freedom

ROLE OF TRADE SECRET LAWS IN TECHNOLOGY TRANSFER

AUTHOR – ROHIT KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ROHIT KUMAR, ROLE OF TRADE SECRET LAWS IN TECHNOLOGY TRANSFER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 498-504, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In an era defined by rapid technological change and global knowledge dissemination, the transfer of innovation from research institutions to industry serves as a cornerstone of economic growth and competitiveness. Among the intellectual property (IP) tools available, trade secret law occupies a unique place: unlike patents, which require public disclosure and offer time-limited exclusivity, trade secrets derive their value from maintained confidentiality and may endure indefinitely if secrecy is preserved. This paper examines the role of trade secret protection in the process of technology transfer, exploring both its enabling and constraining effects. First, it reviews the theoretical bases of technology transfer and trade secret law, addressing how knowledge is codified, protected, and commercialised. Next, it analyses practical mechanisms—such as licensing, institutional strategies, and collaborative models—through which trade secrets influence institutional behaviour, inventor incentives, and industry engagement. Legal reasoning and precedent under trade secret jurisprudence demonstrate how confidentiality obligations, misappropriation doctrines, and institutional practices shape the ecosystem of innovation. The paper then contrasts the experiences of the United States and Italy to illustrate how institutional maturity, legal^[1] frameworks, and cultural norms affect the utility of trade secret protection in technology commercialisation. Finally, it addresses emerging challenges—especially transparency and accountability in the digital age—highlighting that while trade secret law can be a powerful enabler of technology transfer, its effectiveness depends critically on robust institutional support, tailored contractual regimes, and an appropriate balance between proprietary advantage and public interest. The findings suggest that policymakers, TTOs^[2] (Technology Transfer Offices), and research institutions must adopt strategies that integrate trade secret protection with broader innovation governance, ensuring that the benefits of technological knowledge are realised while safeguarding societal values.

Key words: technological, protection, influence, commercialised, secrecy

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[1] Abramo, G. (2006)

[2] Abramo, G., & D’Angelo, C. A. (2009).