MUZAFFARNAGAR INCIDENT: URGENT NEED FOR EQUALITY IN SCHOOLS

AUTHOR – SHNEHA ROY, STUDENT AT THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCE

BEST CITATION – SHNEHA ROY, MUZAFFARNAGAR INCIDENT: URGENT NEED FOR EQUALITY IN SCHOOLS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 393-399, APIS – 3920 – 0001 & ISSN – 2583-2344

Last year, the Supreme Court of India allowed a writ petition in Tushar Gandhi vs. the State of Uttar Pradesh^[1] to strongly criticize the UP Government for its failure to implement a previous order regarding the Muzaffarnagar slapping incident in the school itself, where classmates slapped a Muslim student under a teacher’s instruction. The Apex Court describes the state’s handling of the situation as “shocking”, especially its non compliance in providing counselling for both the victims and the classmates involved and its delay in transferring the victim to a new school. The case highlights the violation of Article 14^[2], which states the equality in the eyes of law; Article 15^[3], which prohibits discrimination on the grounds of religion as the student faced discriminatory treatment; Article 16^[4], which ensures equality and non-discrimination in public institutions; Article 21^[5], which aims to provide the Right to life, dignity and personal liberty and corresponds to that the Article 21A^[6] states the Right to Education Act (RTE) of the Constitution, underscoring the need for prompt action by authorities to hold the constitution rights and provide fair treatment to all student irrespective of their backgrounds.

KEYWORD: Right to Education Act, Muzaffarnagar, Supreme Court, Articles 14, 15, 16, 21 and 21A

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[1] Tushar Gandhi v. State of Uttar Pradesh And Ors. [W.P.(Crl.) No. 406/2023 PIL-W]

[2] The Constitution of India, 1950, Arts. 14

[3] The Constitution of India, 1950, Arts. 15

[4] The Constitution of India, 1950, Arts. 16

[5] The Constitution of India, 1950, Arts. 21

[6] The Constitution of India, 1950, Arts. 21A

BEHIND THE VEIL: PROMOTERS, POWER & LEGAL ACCOUNTABILITY IN CORPORATE FRAUD

THE ALCHEMY OF POWER—WHEN VISION TURNS VICIOUS AND LAW HUNTS THE INVISIBLE HAND

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AUTHOR – SUSHAVAN DAS, STUDENT AT BRAINWARE UNIVERSITY, KOLKATA, WEST BENGAL

BEST CITATION – SUSHAVAN DAS, BEHIND THE VEIL: PROMOTERS, POWER & LEGAL ACCOUNTABILITY IN CORPORATE FRAUD – THE ALCHEMY OF POWER—WHEN VISION TURNS VICIOUS AND LAW HUNTS THE INVISIBLE HAND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 373-392, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the evolving landscape of Indian corporate governance, the promoter emerges as a paradoxical figure—both the architect of enterprise and, at times, the orchestrator of its undoing. This paper undertakes a doctrinal and analytical exploration of promoter-led corporate fraud, dissecting the legal anatomy of fiduciary breach, regulatory evasion, and judicial accountability. Anchored in the statutory framework of the Companies Act, 2013, SEBI Regulations, and the Bharatiya Nyaya Sanhita, 2023, the study interrogates whether India’s legal architecture is sufficiently robust to deter, detect, and prosecute promoter misconduct.

Through a meticulous examination of landmark cases such as Satyam Computers, DHFL, and IL&FS, the research traces patterns of fund diversion, insider trading, and shell entity creation—each revealing systemic vulnerabilities in enforcement and oversight. The paper also delves into judicial doctrines like piercing the corporate veil and promoter liability beyond incorporation, highlighting their inconsistent application and limited deterrent effect.

Comparative insights from jurisdictions like the UK, US, and Singapore offer a global lens on fiduciary standards, disclosure norms, and enforcement efficacy, underscoring India’s need for reform. The study posits that while promoters wield disproportionate control over corporate affairs, the legal system often lags in holding them accountable—creating a chasm between statutory intent and enforcement reality.

Ultimately, this research advocates for a recalibration of India’s corporate governance ethos—one that balances entrepreneurial freedom with ethical restraint, and innovation with integrity. By illuminating the legal fault lines and proposing targeted reforms, the paper contributes to the broader discourse on transparency, stakeholder protection, and the future of corporate accountability in India.

Keywords:Promoter misconduct, corporate fraud, fiduciary breach, regulatory evasion, judicial accountability, veil piercing, SEBI regulations, Companies Act 2013, insider trading, governance reform

CONTEMPORARY AND EMERGING ISSUE IN INTELLECTUAL PROPERTY RIGHTS

AUTHOR -SAKSHI SRIVASTAVA, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – SAKSHI SRIVASTAVA, CONTEMPORARY AND EMERGING ISSUE IN INTELLECTUAL PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 362-372, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The rise of Artificial Intelligence (AI) has significantly altered the realm of creativity and innovation. AI systems are now capable of autonomously creating artistic, literary, and musical works that were previously thought to be solely within the purview of human creativity. This increasing capability of machines to produce original content introduces intricate legal dilemmas regarding authorship, ownership, and originality in the context of copyright law. Conventional copyright frameworks, such as the Indian Copyright Act of 1957, operate under the premise that only a natural person can be recognized as an author, thereby placing AI-generated works in a legal ambiguity. This research paper explores the challenges that AI-generated content presents to current copyright standards, with a particular emphasis on originality, authorship, and moral rights. It evaluates the strategies adopted in jurisdictions like the United States, the United Kingdom, and the European Union, in addition to the ongoing international dialogues spearheaded by the World Intellectual Property Organization (WIPO). The study concludes that although AI has broadened creative horizons, copyright law must adapt to reconcile innovation, human input, and equitable legal acknowledgment in the digital age.

KEYWORDS- Artificial Intelligence (AI); Creativity; Copyright Law; Authorship; Originality; Ownership; Moral Rights; Indian Copyright Act, 1957; AI-generated Content

SOCIAL MEDIA TRIALS IN INDIA: A COMPREHENSIVE ANALYSIS OF LEGAL IMPLICATIONS AND SOCIETAL IMPACT

AUTHOR – ADHIL AHAMED .K, LLM (CRIMINAL LAW) STUDENT AT CRESCENT SCHOOL OF LAW B S ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, TN.

BEST CITATION – ADHIL AHAMED .K, SOCIAL MEDIA TRIALS IN INDIA: A COMPREHENSIVE ANALYSIS OF LEGAL IMPLICATIONS AND SOCIETAL IMPACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 353-361, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper investigates the rise of “social media trials” in India and their profound impact on the legal system, media landscape, and societal attitudes towards justice. With the widespread adoption of social media platforms, India has witnessed a surge in virtual trials conducted online, blurring the boundaries between public opinion, media coverage, and the judicial process.

The study explores significant instances of social media trials in India, such as the Nirbhaya case and the Aarushi Talwar murder case, analyzing their legal and societal implications. It delves into the ethical considerations surrounding trial by public opinion, examining the consequences of online harassment and cyberbullying on the mental health and privacy of the accused, victims, and witnesses. Moreover, the paper examines the legal framework governing social media trials, drawing insights from the Indian Penal Code, the Information Technology Act, and the Contempt of Courts Act. It highlights how these frameworks regulate issues like defamation, hate speech, cyberbullying, and privacy violation in the context of social media trials.

The symbiotic relationship between social media and traditional media is also explored, emphasizing how social media narratives transcend the virtual realm to influence mainstream media coverage. The research paper delves into the societal consequences of social media trials, including polarization and divisiveness, calling for legal reforms to protect privacy, ensure data security, and strike a balance between freedom of expression and privacy in the digital age.

HUMAN TRAFFICKING IN INDIA

AUTHOR – ADHIL AHAMED .K, LLM (CRIMINAL LAW) STUDENT AT CRESCENT SCHOOL OF LAW B S ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY, TN.

BEST CITATION – ADHIL AHAMED .K, HUMAN TRAFFICKING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 348-352, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

                            Female trafficking for sexual exploitation (SE) is one of the major problems in India. Young females are particularly vulnerable to this crime. Existing state machinery is somewhat deficient in its tactical and technical doctrines to combat the challenges posed in this regard. The current study attempted to understand the spatiality of female trafficking in India, which can inform combat strategies. We considered a systematic review of published quantitative and qualitative kinds of literature. Potentially relevant articles for systematic review were identified by searching bibliographical databases. A mixed-method was deployed to analyze deemed necessary for inclusion of female trafficking for sexual exploitations. Data were analyzed qualitatively by using thematic analysis and using Arc-GIS to appreciate the data geographically. The results were collated and analyzed concerning fulfilling the key objectives of the review. A large number of children and women trafficked for SE in India. Trafficking for commercial sexual exploitation occurs particularly in poverty-stricken regions and vulnerable populations. Tribal people have mainly been pushed into such activities. Additionally, it has given an opportunity for the enormous potential profits for those syndicates that were set up for organized crimes and independent traffickers. It is the fundamental right of women and children to be protected from any forms of trafficking and to be treated with dignity. Therefore, it requires a comprehensive anti-human trafficking strategy that embedded in a human rights approach since the violation of human rights is both the cause as well as the consequence of human trafficking.

EVOLUTION OF GREEN TECHNOLOGIES IN THE MOTOR VEHICLE SECTOR

AUTHOR – MANAV DUTT GAUR, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – MANAV DUTT GAUR, EVOLUTION OF GREEN TECHNOLOGIES IN THE MOTOR VEHICLE SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 342-347, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

I aim to analyse the Right to Clean Environment vis-a-vis introduction of Electric & Hybrid Vehicles under the various initiatives undertaken by the Government of India and the subsequent needful amendments to The Motor Vehicle Act, 1988, The Central Motor Vehicle Rules 1989 and the development of the legal eco-system thereof. The focus of the paper would be to throw light on the action plans undertaken by the Indian legislature with respect to the systematic and chronological development brought forth by the Indian judiciary stepping up from the role of interpreters of law to provide modern day solutions to modern day problems to ensure the fundamental right of the clean environment enshrined in the Part III of the Constitution of India. The paper also analyses whether the definition of Alteration in motor vehicle as provided by the section 52 of the Motor Vehicle Act, 1988 is proficient to answer whether conversion to alternate fuel technology is a legally acceptable “alteration” under the scheme of the act and the recent amendments with respect to Electric Vehicles thereof. This also analyses the development of the Central motor vehicle rules and the standard of such conversions.

The rapid urbanization that fuels the growth of India has contributed to the tremendous increase in the number of motor vehicles plying on the roads. This exponential increase in the fleet of vehicles brings increased mobility and serves as a catalyst for better connectivity and opportunities of social, economic and cultural growth on one hand while creating an effect similar to choking with the vehicular pollution as one of the main sources of air pollution18 that chokes rural and urban India. According to the website of The Transport department of Delhi, the registered vehicular population has reached nearly three times to 7.6 million from 2.2 million in 1994, registering a growth rate of 14% per annum. Where around two-Third of the registered Motor Vehicles are two-wheelers.

WITNESS PROTECTION

AUTHOR – YATENDRE DHANKAR & VIJAY ARORA

STUDENTS AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – YATENDRE DHANKAR & VIJAY ARORA, WITNESS PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 337-341, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The criminal justice system in India, much like in many parts of the world, relies heavily on the testimony of witnesses to ensure the fair and just prosecution of offenders. Witnesses play a pivotal role in the judicial process, providing crucial evidence that can substantiate or refute allegations, thus helping to establish the truth.

However, the position of a witness, particularly in high-stakes or high-profile cases, is fraught with numerous challenges and risks. In recent years, the issue of witness protection has garnered significant attention within legal and academic circles in India. The safety and security of witnesses are paramount, not only for the integrity of individual cases but also for the overall trust in the judicial system.

Despite various efforts and initiatives to safeguard witnesses, there remain substantial gaps and challenges that need to be addressed comprehensively. This aims to explore the multifaceted challenges faced by witnesses under the witness protection programs in India. It delves into the historical context and evolution of legal reforms pertaining to witness protection, assesses the infrastructure and resources allocated to these programs, and identifies the legal ambiguities and gaps that hinder their effectiveness.

Keywords- Witness protection, Witness protection program, Witness protection scheme

WHISTLEBLOWER PROTECTIONS IN CORPORATE LAW: ENSURING ACCOUNTABILITY

AUTHOR – SHANTANU KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – SHANTANU KUMAR, WHISTLEBLOWER PROTECTIONS IN CORPORATE LAW: ENSURING ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 331-336, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The definition of a whistleblower is basically someone who alerts others to wrongdoing. It’s similar to raising your voice to alert others to impending danger. When someone is referred to be a whistleblower in any bank or business, it indicates that they are taking a risk by voicing their concerns. They are raising awareness of a problem that requires attention by utilizing their voice. You become a whistleblower when you speak out against anything that is wrong or illegal. What is it, then, it is an act in which we divulge certain information to the whole public. Whistleblowers essentially leak information regarding wrongdoings that are taking place and make it publicly visible. “We discuss major topics in an open manner so that everyone is aware of the situation. If anything goes wrong, everyone knows about it. We thus define whistleblowing as, it’s similar to an act in which someone divulges information. Employees or stakeholders disclose any unethical or illegal activities occurring inside a company. Therefore, it is obvious that whistleblowing occurs when someone does this. If an error occurs in any organization, it must be brought to everyone’s notice. Individuals in positions of authority or anybody who isn’t afraid to speak out. We call this whole conduct “whistleblowing,” and those individuals are similar to whistleblowers. If we discuss a significant problem that has come to light, the Panama Papers were one of the main ones. The Panama Papers disclosures brought to light the widespread practice of tax avoidance. The whistleblower policy prompted the revelations, which were all connected to Uber’s records. As a result, the whistleblower revealed all of Uber’s activities. It indicates that the whistleblower exposed their efforts to maintain a dominant position on a worldwide scale. One of the most significant instances of whistleblowing is this one. Regarding India, the basis for the Protection Act was created in 2014. Now, let’s examine the particular law. The Protection Act was first proposed in 2011, but it wasn’t formally put into effect until 2014. Therefore, anybody worldwide may report any kind of corruption thanks to the Protection Act of 2014. Under this Act, it is possible to report instances of power abuse by persons in positions of authority, such as when a public official commits a crime or abuses their position of dominance for personal benefit. In essence, it includes every detail of any disclosures made about these issues. Anyone may denounce any corruption or abuse of power by a public official if they choose to be a whistleblower. Our organization now states that you must inform them of any complaints of this kind. If a whistleblower scenario arises, you must notify them in accordance with the appropriate requirements included in the Company Act of 2013 and later. Both of them will have to deal with the Securities and Exchange Board of India in the future. Since they are subject to these laws and regulations, they must respond to the notifications and complaints. Therefore, every listed business or any firm that belongs to this class or those classes must set up a system, according to Section 177 of the Companies Act 2013 and the relevant regulations adopted under it. For their directors and staff, this is essential. “Anyone with legitimate worries or problems must be able to report them via a system in place. According to someone, Sector 177 should have a suitable structure for this so that any employee or director may appropriately disclose any issues they are aware of.    

KEYWORDS: panama papers, whistle-blower, whistleblowing, divulges information

ARBITRATION: LAW AND PRACTICE – THE CORNERSTONE OF MODERN COMMERCIAL DISPUTE RESOLUTION

AUTHOR – SIMRAN KAUR, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – SIMRAN KAUR, ARBITRATION: LAW AND PRACTICE – THE CORNERSTONE OF MODERN COMMERCIAL DISPUTE RESOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 328-330, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction: The Rise of Arbitration

Arbitration has evolved from a simple business practice into a major mechanism for resolving complex domestic and international commercial disputes. It is a process where the parties agree to submit their dispute to an impartial tribunal (the arbitrator), who renders a final and binding decision (the arbitral award) without recourse to national courts. Its popularity stems from its main advantages: party autonomy, neutrality, confidentiality, and, critically, the almost universal enforceability of awards under international treaties. This paper explores the essential legal framework, important procedural practices and current challenges that define modern arbitration.

IS THE INDIAN CONSTITUTION FEDERAL IN NATURE?

AUTHOR – RIYA & NIKHIL RATHEE

RESEARCH SCHOLARS AT GURU GOBIND SINGH INDERPRASTHA UNIVERSITY

BEST CITATION – RIYA & NIKHIL RATHEE, IS THE INDIAN CONSTITUTION FEDERAL IN NATURE?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 320-327, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian Constitution is often called “quasi-federal” because it blends federal and unitary features in a unique way. This paper offers a structured analysis, around nine pages long, to examine whether the Indian Constitution is truly federal in nature. This paper examines whether the Constitution of India is federal in nature. It begins with the constitutional text and highlights the features that support federalism, such as the division of powers, written constitution, dual polity, and bicameralism. It then considers opposing unitary features, including a strong Centre, residuary power, single citizenship, and emergency provisions.

 The analysis covers the ways in which India’s “quasi-federal” nature has been shaped by the Supreme Court and constitutional precedents. Important rulings are discussed, including “Kesavananda Bharati,” “State of West Bengal v. Union of India,” “S.R. Bommai v. Union of India,” and “Indira Nehru Gandhi v. Raj Narain.” According to the argument’s conclusion, India’s constitution is best characterised as “quasi-federal,” with strong centralising tendencies that are restrained by judicial review and changing political practices.

Numerous debates and court decisions have centred on the Indian Constitution’s federal nature. A dual system that explicitly distinguishes between the Union and the States is established by the Constitution. In addition, it grants the Centre principal control over financial, administrative, and legislative issues. The framers’ goal of maintaining national integrity and unity in a culturally diverse nation while permitting regional autonomy for effective governance is reflected in this blend. Federal characteristics are demonstrated by the establishment of a bicameral legislature, the division of powers in the Seventh Schedule, and the existence of an independent judiciary. However, features that centralize power, such as the residuary powers of Parliament, single citizenship, emergency rules, and the restructuring of state boundaries under Articles 3 and 356 show a bias toward a unitary framework.

With significant decisions like Kesavananda Bharati v. State of Kerala (1973), State of West Bengal v. Union of India (1963), and S.R. Bommai v. Union of India (1994), the judiciary has been instrumental in establishing India’s federal identity. These cases collectively upheld federalism’s inclusion in the Constitution’s “basic structure.” India’s federalism has evolved over time from a model of central control to one that promotes state collaboration and competition. This shift is supported by intergovernmental bodies like the Finance Commission and the NITI Aayog. Keywords –  Quasi-federal , center-state relations, constitutional division powers