Category: Volume 5 and Issue 14 of 2025

RESERVATION: PROVIDING OR PREVENTING JUSTICE

AUTHOR – ADVOCATE SIYA, STUDENT AT DEPARTMENT OF LAW, PUNJABI UNIVERSITY, PATIALA

BEST CITATION – ADVOCATE SIYA, RESERVATION: PROVIDING OR PREVENTING JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 508-513, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/DKRO3417

INTRODUCTION

The spirit of equality pervades the provisions of the Constitution of India, as the main aim of the founders of the Constitution was to create an egalitarian society wherein social, economic and political justice prevailed and equality of status and opportunity are made available to all.^[1] Our forefathers while making the Constitution back in 1950 had a basic goal for the Constitution in mind and that was to provide the future generation a classless society. Caste-based reservation was a provision made just to compensate for the class system that dominated the traditional Indian society and to give a chance to the down trodden. It is one concept that has since beginning being taken in its wrong sense and till date followed in an abysmal manner. Rather than being an instrument of promoting equality it has become a major Roadblock for equality. And without transforming the vertical inequality in society into horizontal equality, democracy will have no meaning.^[2]

Originally reservations of seats in educational institutions and jobs in government and public sector services, etc were only about 22%, 20% for Scheduled Castes ( SCs) and 2% for Scheduled Tribes ( STs ). In 1989 by one stroke of the pen the then Prime Minister V.P.Singh added another 27.5 % for OBCs (Other Backward Castes e.g. Yadavs, Kurmis,etc ), by implementing the Mandal Commission Report, making a total of 49.5%.^[3] The whole constitution has been framed to the positive discrimination in favour of the down trodden but that itself promotes casteism while the depressed classes still don’t get social justice.

In this backdrop, the real question that arises is that has the goal of the Constitution makers been fulfilled, or the existence of system of reservation is like the existence of caste system in traditional India?  Have the down trodden been provided an access to justice or has their position further degraded? Is the Indian society in reality moving towards a classless society as the Constitution makers aimed at, or towards a further division of the society (in the Light of Hardik Patel’s demand for inclusion of Patidar caste in the OBC category, or the Jats to be provided a further reservation).  The goal of reservation in India has been to bring about an improvement in the welfare who, historically, have been economically and socially depressed. But, have they really benefitted or will they benefit in the future?

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[1] Available online at http://www.iasir.net Reservation Policy and Indian Constitution in India

[2] http://lawmin.nic.in/ncrwc/finalreport/v2b1-2ch9.htm

[3] http://justicekatju.blogspot.in/2015/04/caste-reservations-in-india-originally.html

BALANCING THE SCALES: AN ANALYTICAL EXAMINATION OF THE REHABILITATION AND PUNISHMENT FRAMEWORK IN INDIA’S JUVENILE JUSTICE SYSTEM

AUTHOR – GOPAL JEE TIWARI, STUDENT AT GAUTAM BUDDHA UNIVERSITY, UTTAR PRADESH

BEST CITATION – GOPAL JEE TIWARI, BALANCING THE SCALES: AN ANALYTICAL EXAMINATION OF THE REHABILITATION AND PUNISHMENT FRAMEWORK IN INDIA’S JUVENILE JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 492-507, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper provides an overall legal and socio-political analysis of the continuing debate between rehabilitation and punishment within the Indian juvenile justice framework. It follows the ideological development of the Indian system, from its colonial, welfare-oriented roots and progressing to a more advanced, rights-centred framework established by the Juvenile Justice (Care and Protection of Children)Act,2000, which is in accordance with global human rights norms. This analysis centres on the controversial shift towards a sticker approach represented by the Juvenile Justice (Care and Protection of Children) Act, 2015. Following a prominent and emotionally impactful criminal case, the 2015 Act established a measure allowing for the trial of juveniles between the ages of 16 and 18 as adults for “heinous” crimes. This paper contends that this shift towards harsher penalties, mainly influenced by public opinion and political convenience rather than data on juvenile crime patterns, signifies a notable setback. It diminishes the system’s ability to rehabilitate, goes against India’s constitutional principles regarding child welfare, and is in sharp opposition to the more effective restorative juvenile justice models used in various other regions. By thoroughly analysing legislative history, significant court rulings, statistical information from the National Crime Records Bureau, and a comparative study of global systems, this paper argues that the punitive provisions of the 2015 Act undermine efforts to decrease recidivism and promote long-term public safety. The conclusion emphasises the need for a refresh, evidence-driven approach to rehabilitative justice, urging changes in legislation, enhancing the support systems for care and reintegration, and promoting a wider societal perspective that views juvenile delinquency as a result of socio-economic challenge rather than a typical tendency towards crime.

THE ROLE OF IPR IN PROMOTING INNOVATION AND CREATIVITY

AUTHOR – SONAL KUMARI, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – SONAL KUMARI, THE ROLE OF IPR IN PROMOTING INNOVATION AND CREATIVITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 485-491, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract :

This research examines the importance of the Intellectual Property Rights (IPR) Act with regard to protecting innovation and creativity within industries across many different areas. The IPR Act provides a statutory legal framework whereby creators/inventors can have exclusive copyright and patent privileges, which encourage them to develop new products/services, as well as contribute to the economy through job creation, cultural advancement, etc. To assess how well the IPR Act does this, the researcher will evaluate how effective IPR protection has been in stimulating investment toward R&D and examining what effect it has had on different industries, e.g., tech (software; hardware), pharma (drugs), arts (music, films, etc.). As part of this analysis, the researcher will assess the challenges associated with enforcement of IPR – especially concerning digital distribution channels (e.g., torrenting, piracy), as well as examine the need to strike a proper balance between IPR protections vs. access to information. By conducting an exhaustive review of the research conducted thus far and gathering new empirical data, the researcher will provide evidence supporting the need for adequate IPR protections as part of fostering creativity and innovation in the 21st century; therefore, the researcher will also assess the ongoing need for adaptive IPR policies that take into account developments in technology that will support the continued development of innovation in various markets. The conclusion will highlight the continued necessity of the IPR Act as a driver of economic growth and the foundation for a healthy intellectual economy.

INSIDER TRADING IN THE INDIAN BANKING SECTOR: AN ANALYSIS IN SEBI’S RECENT ORDER AND SETTLEMENT

AUTHOR – SOWBAAKHYA Y & SWETHA S,

LL.M STUDENTS AT CENTRAL UNIVERSITY OF TAMIL NADU

BEST CITATION – SOWBAAKHYA Y & SWETHA S, INSIDER TRADING IN THE INDIAN BANKING SECTOR: AN ANALYSIS IN SEBI’S RECENT ORDER AND SETTLEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 475-479, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

                Insider trading remains a major problem in the Indian financial system and, given the high availability of access to inside information in the banking sector and the high potential for abuse, insider dealing is a particularly serious problem in the Indian banking sector. It discusses the legal and regulatory regime for the regulation of insider dealing in India and the role of the 1992 Law on the Securities and Exchange Board of India and the 2015 Law on the Securities and Exchange Board of India (on the prohibition of insider dealing) which together aim at ensuring fairness, transparency and investor protection. In this context, the article reviews two recent important SEBI measures which reflect evolving enforcement practices. In the first case, the 2025 interim order against senior officials of IndusInd Bank Ltd., found prima facie evidence of long-term possession and misuse of unpublished price-sensitive information regarding material mismatch in the derivative portfolio of the bank, imposed trading restrictions, clawback of illegal profits, and extensive disclosure requirements. In the second case, the settlement of insider-trading allegations in the context of the merger of HDFC and HDFC Bank, the derivative trade of a related party based on UPSI leaked by a member of the Deloitte valuation team was settled via monetary payments under the SEBI settlement framework. By exploring these contrasting regulatory actions, the article underscores the persistent challenges in curbing insider trading and emphasises the need for stronger internal controls, ethical governance, and real-time surveillance to reinforce market integrity.

Keywords: Insider Trading, Securities and Exchange Board of India (SEBI), Indian Bank, Finance, Unpublished Prize Sensitive Information (UPSI)

GENDER DISCRIMINATION IN INDIAN LAW: A CRITICAL ANALYSIS OF LEGAL PROTECTIONS FOR MEN

AUTHOR – AVNI BHATIA, SYMBIOSIS LAW SCHOOL, NOIDA

BEST CITATION – AVNI BHATIA, GENDER DISCRIMINATION IN INDIAN LAW: A CRITICAL ANALYSIS OF LEGAL PROTECTIONS FOR MEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 458-468, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OFKC4097

ABSTRACT

The research examines the gender inequalities inherent in the Indian legal system specifically the factor of exclusion of males through the protection of domestic violence, sexual crimes and harassment in the workplace. Although the Indian laws, like the Bharatiya Nyaya Sanhita (BNS) 2023, the Domestic Violence Act, and the POSH Act have played a key role in protecting women, they are mainly gender-oriented disregarding the female and LGBTQ+ victims. By examining the current laws, comparing international models, and applying case-study to it, this paper can see the structural bias that only sees men as attackers. It claims that the provisions of the law are one-sided and not only do not uphold the principle of equality under Article 14 of the Indian Constitution, but also promote the stigmatization of society, which causes underreporting, psychological distress, and disenfranchisement of male victims. The research is based on the global practices in the US, UK, Canada, and Australia, thus recommending the use of gender-neutral laws in India as an urgent practice. It suggests modifications in the criminal and family law, comprehensive safeguards in the workplace and domestic violence legislation, and national sensitization to eliminate the gender stereotypes. The paper concludes that true gender justice can only be achieved when laws are created to safeguard everyone regardless of gender on the nature of harm and not identity.

Keywords: Gender discrimination, Men’s rights, Legal reform, Gender-neutral Laws, Domestic violence, Sexual offences, Family Law, Workplace protections.

THE RIGHT TO ACCESS JUSTICE: A CONSTITUTIONAL MANDATE IN INDIA

AUTHOR – PRINCE YASHWANT RAMESH, STUDENT AT GAUTAM BUDDHA UNIVERSITY, GREATER NOIDA

BEST CITATION – PRINCE YASHWANT RAMESH, THE RIGHT TO ACCESS JUSTICE: A CONSTITUTIONAL MANDATE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 480-484, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Right to Access Justice in India has evolved from a procedural entitlement into a substantive, enforceable Fundamental Right, rooted in the constitutional guarantees of equality, liberty, and dignity. This paper examines how the Supreme Court, through progressive interpretation of Articles 14, 21, and 39A, has institutionalized access to justice as an essential component of the rule of law. It traces the historical development of the concept—from mere access to courts to a broader framework encompassing affordability, accessibility, effectiveness, and speedy adjudication, as articulated in Anita Kushwaha v. Pushap Sudan. The paper further explores how Article 14 combats arbitrariness, how Article 21 mandates fair and reasonable procedures including free legal aid and speedy trial, and how Article 39A provides the constitutional foundation for equal justice through mechanisms like NALSA under the Legal Services Authorities Act, 1987. Despite a strong constitutional and judicial framework, challenges such as judicial backlog, poor legal awareness, and inconsistent quality of legal aid hinder realization of this right. The study concludes that effective implementation, infrastructural strengthening, and enhanced legal literacy are essential to ensure that the promise of justice—social, economic, and political—reaches every citizen.

Keywords – Access to Justice; Article 14; Article 21; Article 39A; Free Legal Aid; Equality Before Law; Fair Procedure; Speedy Trial; Judicial Activism; Public Interest Litigation (PIL); Legal Services Authorities Act, 1987; NALSA; Substantive Justice; Rule of Law; Constitutional Mandate.

COPYRIGHT CHALLENGES IN THE AGE OF GENERATIVE AI

AUTHOR – MANISHA JHA, STUDENT AT AMITY LAW SCHOOL, PATNA

BEST CITATION – MANISHA JHA, COPYRIGHT CHALLENGES IN THE AGE OF GENERATIVE AI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 469-474, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The emergence of artificial intelligence (AI) as a creator will change the face of copyright law. The following article looks at the various challenges associated with protecting AI-created works under copyright law and the problems that arise when you examine the idea of authorship and its application to AI. The question of who owns the rights to AI-created works will be examined from both the perspective of the developer of the program that created the work and from the perspective of the training data used to train the program. Additionally, the use of copyrighted works in the training of AI raises questions of whether or not there can be a legitimate claim of fair use and whether or not the use of copyrighted works can constitute infringement. This article aims to document how to define a copyright system that promotes innovation and protects the rights of individuals who create both AI-generated content and those who develop the AI systems that create this content.

CASE COMMENT:  K.P. TAMILMARAN V. STATE BY DEPUTY SUPERINTENDENT OF POLICE (2025)

AUTHOR – DR. WASIM RAZA, ASSISTANT PROFESSOR AT EXCELLENT LAW COLLEGE, BORABAS, KOTA, RAJASTHAN

BEST CITATION – DR. WASIM RAZA, CASE COMMENT:  K.P. TAMILMARAN V. STATE BY DEPUTY SUPERINTENDENT OF POLICE (2025), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 229-232, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JLNX1042

ABSTRACT

CITATION: 2025 SCC INSC 576

BENCH: JUSTICE SUDHANSHU DHULIA.

JUDGEMENT: April 28, 2025

In the areas of “honour killings,” police accountability, caste-based violence, and evidentiary jurisprudence in India, the Supreme Court’s ruling in k.p. tamilmaran v. state by deputy superintendent of police^[1] are a significant ruling. It shows the Court’s strong stance against crimes motivated by caste, its stress on strict investigation standards, and its reaffirmation of changing principles of evidence (particularly with regard to hostile and related witnesses). At least three intersecting domains are affected by the ruling:

• Criminal accountability of public servants (especially police officers) in caste atrocity cases;
•  Evidentiary doctrine regarding hostile/related witnesses and judicial powers under CrPC s. 311/Evidence Act s. 165; and
• Police duty to register FIRs suo motu and investigate cognisable offenses without prejudice, particularly in cases involving members of Scheduled Castes.

Keywords: Honour Killings, Cast Based–Violence, CrPc section 311, evidentiary jurisprudence

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[1] 2025 SCC INSC 576

SAFEGUARDING CHILD ONLINE- AN EMPIRICAL STUDY FROM CAUSE TO EFFECT

AUTHOR- DR. NEELAM SANJAY DIGHE, ASSISTANT PROFESSOR OF LAW, MODERN LAW COLLEGE, PUNE

BEST CITATION – DR. NEELAM SANJAY DIGHE, SAFEGUARDING CHILD ONLINE- AN EMPIRICAL STUDY FROM CAUSE TO EFFECT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 222-228, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CENE6715

Abstract

An empirical study on protecting children online is presented in this paper, which traces the reasons behind their susceptibility to the consequences of being exposed to threats online. It uses a mixed-methods approach that combines qualitative interviews with parents, caregivers, and child protection specialists with quantitative surveys of children between the ages of 10 and 17. The study investigates children’s use of the internet, their encounters with hazardous content, grooming, and cyberbullying, as well as parental knowledge and preventative measures. It evaluates the efficacy of existing safety precautions and identifies deficiencies in protective frameworks and digital literacy. The results are intended to help stakeholders, educators, and legislators increase children’s online safety through evidence-based interventions and better digital environment legislation.

Keywords- Child, Online, Cyber bullying, CRC,POCSO

BATTLE OF HEIR OVER PROPERTY IN HINDUS

AUTHOR – AISHWARYA NAYAK & SANIA AKTARI

STUDENTS OF BIRLA SCHOOL OF LAW, BIRLA GLOBAL UNIVERSITY

BEST CITATION – AISHWARYA NAYAK & SANIA AKTARI, BATTLE OF HEIR OVER PROPERTY IN HINDUS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 214-221, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT :-

In every courtroom where families fight over inheritance, the walls echo not with the language of law, but with the silence of broken bonds.

Legal battles over inheritance are not merely disputes over property; they are deeply human conflicts woven with emotions, expectations, and a yearning for justice. Despite progressive legislation such as the Hindu Succession (Amendment) Act, 2005, which promised gender equality and fairness in succession, Indian families continue to be entangled in prolonged and painful property disputes. These conflicts often stem from a clash between traditional values and modern legal ideals — where cultural conditioning, emotional attachment, and a lack of awareness undermine the spirit of equality enshrined in law.

This study seeks to explore how inheritance battles reflect the tension between law and life, rights and relationships. It examines why heirs, even when armed with equal legal rights, often resort to adversarial litigation rather than amicable resolution. The paper delves into the limitations of existing legal remedies, the social psychology of ownership, and the emotional cost of justice delayed. Ultimately, it argues that resolving inheritance disputes requires more than legal reform — it calls for empathy, education, and a collective awakening that values relationships over possessions. For in the pursuit of property, families often lose what no court can restore: peace, trust, and the very fabric of kinship.

Key words :- Hindu succession , trust , possession , heirs