Category: Volume 5 and Issue 5 of 2025

STRIKING THE BALANCE: REHABILITATION AND ACCOUNTABILITY FOR JUVENILE OFFENDERS IN INDIA

AUTHORS – MRUTYUNJAY SARAMANDAL* & ASST. PROF. PRIYANSHI GUPTA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY. EMAIL: MRUTYUNJAYSARAMANDAL1007AL0049@KARNAVATIUNIVERSITY.EDU.IN

** ASSISTANT PROFESSOR OF LAW AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY. EMAIL: PRIYANSHI@KARNAVATIUNIVERSITY.EDU.IN

BEST CITATION – MRUTYUNJAY SARAMANDAL & ASST. PROF. PRIYANSHI GUPTA, STRIKING THE BALANCE: REHABILITATION AND ACCOUNTABILITY FOR JUVENILE OFFENDERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 867-883, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper critically examines the dual imperatives of rehabilitation and accountability within India’s Juvenile Justice (Care and Protection of Children) Act, 2015. Employing a mixed-methods approach, combining doctrinal analysis of statutes and case law with a qualitative review of academic literature, it investigates how international norms, developmental psychology, and classical criminology inform India’s juvenile justice framework. Key findings reveal that while rehabilitation remains the foundational principle underpinned by the United Nations Convention on the Rights of the Child and the Beijing Rules, accountability mechanisms have been strengthened for juveniles aged sixteen to eighteen who commit heinous offences. However, implementation gaps persist due to inadequate infrastructure, limited trained personnel, societal stigma, and weak aftercare programs. Comparative insights from Scandinavia, the United States, Germany, and Japan demonstrate the efficacy of restorative conferencing, diversion schemes, vocational training, and family‐centred models in reducing recidivism. The paper concludes by recommending a calibrated policy mix: enhancing institutional capacity, professional training in child psychology, robust aftercare services, and clear statutory guidelines for preliminary assessments of serious offences. A balanced framework, integrating proportionate accountability with individualized rehabilitation can redirect juvenile offenders toward law‐abiding lives while safeguarding public safety and upholding children’s rights.

IMPACT OF THE “INSOLVENCY AND BANKRUPTCY CODE” ON CORPORATE GOVERNANCE PRACTICES

AUTHOR – UVIKA SINHA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – UVIKA SINHA, IMPACT OF THE “INSOLVENCY AND BANKRUPTCY CODE” ON CORPORATE GOVERNANCE PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 858-865, APIS – 3920 – 0001 & ISSN – 2583-2344

1.1 ENHANCED BOARD ACCOUNTABILITY POST-INSOLVENCY

The “Insolvency and Bankruptcy Code, 2016 (IBC)”, has had an impact on “corporate governance” as it made the board of directors in insolvency cases more accountable. Prior to the passage of the IBC, corporate governance structures did not typically provide proper board oversight in financially stressed firms, thus resulting in mismanagement and delay in dealing with financial instability. The IBC has brought a formalized process of corporate insolvency resolution, where the directors are made to adhere to fiduciary duties and ensure clear decision-making. “Section 17 of the IBC” requires that on the admission of a CIRP, the authority of the “board of directors” is suspended and control over the corporate debtor is transferred to the “resolution professional (RP)”.^[1]

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[1] Rajeshwar Rao, “Rajeshwar Rao: Strengthening the Insolvency and Bankruptcy Code (IBC) framework for effective resolution,” 2024 available at: https://www.bis.org/review/r241218g.htm (last visited March 31, 2025).

THE USE OF MICROBIOME FORENSICS: IDENTIFYING PEOPLE BY THEIR BACTERIA

AUTHOR – NARGIS ANSARI, ADVOCATE & LLM SCHOLAR AT AMITY INSTITUTE OF LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – NARGIS ANSARI, THE USE OF MICROBIOME FORENSICS: IDENTIFYING PEOPLE BY THEIR BACTERIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 851-857, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Microbiome forensics is an emerging field in forensic science that utilizes the unique microbial communities associated with individuals as a novel form of trace evidence. Unlike traditional forensic methods such as fingerprinting or DNA profiling, microbiome forensics examines the personalized “microbial fingerprint” left behind on objects and surfaces through human contact. These microbial communities, shaped by genetics, environment, diet, and lifestyle, exhibit both individuality and temporal stability, making them viable for personal identification and investigative leads. Initially propelled by bioterrorism cases such as the 2001 anthrax attacks, microbiome analysis has since expanded to a wider range of criminal and civil applications. The technique primarily relies on high-throughput DNA sequencing methods like 16S rRNA amplicon sequencing and shotgun metagenomics, followed by advanced bioinformatic analysis. This approach offers advantages over traditional methods, including greater persistence on surfaces, resilience to environmental degradation, and potential to yield contextual information about individuals. However, the field also faces significant challenges such as lack of standardized protocols, dynamic nature of the microbiome, risks of contamination, and ethical concerns regarding privacy. Future directions include integrating microbiome data with traditional forensic techniques, expanding global microbial databases, and applying machine learning to enhance identification accuracy and inference. With continued research and the development of legal and scientific standards, microbiome forensics holds significant promise in reshaping investigative practices and achieving more comprehensive and equitable justice outcomes.

Key words: Microbiome forensics, Human microbiome, Microbial fingerprint, Forensic science,  Trace evidence.

INTERSECTION OF COMPETITION REGULATION AND DATA PROTECTION

AUTHOR – UDAYVEER SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – UDAYVEER SINGH, INTERSECTION OF COMPETITION REGULATION AND DATA PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 837-850, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The emergence of the digital economy has transformed how markets function, with data becoming a pivotal asset for businesses, consumers, and regulators. Large technology firms’ unprecedented collection and use of consumer data have raised complex regulatory challenges, necessitating a cohesive framework that balances competition law with data protection. While competition law aims to ensure fair market practices and prevent monopolistic behaviour, data protection law focuses on safeguarding individuals’ rights over their data. The increasing overlap between these two legal domains, especially in cases where data accumulation creates competitive advantages, has led to regulatory uncertainty in India. This research article provides an intensive and data-rich analysis of the convergence between competition regulation and data protection in India, set against the backdrop of a dynamic digital economy, and advocates for an integrated regulatory framework that bridges the gap between competition law and data protection and how such a framework is essential not only for enhancing consumer welfare and ensuring fair market practices but also for stimulating innovation

HUMAN RIGHTS: EVOLUTION, CHALLENGES, AND THE WAY FORWARD

AUTHOR – UTKARSH SINGH YADAV* & DR. SRIJAN MISHRA**

* LL.M (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – UTKARSH SINGH YADAV & DR. SRIJAN MISHRA, HUMAN RIGHTS: EVOLUTION, CHALLENGES, AND THE WAY FORWARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 826-836, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The present research paper provides a comprehensive analysis of human rights, tracing their historical origins, philosophical foundations, and progressive development in international and Indian legal frameworks. Beginning with ancient civilisations and socio-religious traditions, the study highlights how the notion of human dignity has evolved into a globally recognized legal and moral standard. The paper explores the milestones such as the Universal Declaration of Human Rights (UDHR) and pivotal international treaties that have laid the foundation for the modern human rights regime.

In the Indian context, the paper critically examines the constitutional provisions, particularly Fundamental Rights under Part III, and the role of Directive Principles of State Policy in shaping a just and humane society. It also analyses the functioning of institutions such as the National Human Rights Commission (NHRC) and the proactive role of the Indian judiciary through landmark judgments in expanding the scope of human rights protection.

The paper identifies and evaluates contemporary challenges faced by human rights globally and in India, such as custodial torture, mass surveillance, restrictions on freedom of speech, and the marginalization of vulnerable communities including women, Dalits, LGBTQ+ individuals, refugees, and persons with disabilities. The rapid advancement in technology has also raised critical concerns regarding digital privacy, cyber freedoms, and state overreach.

Further, the study highlights the contribution of civil society, non-governmental organizations (NGOs), and international bodies in advocating and defending human rights. It emphasizes the need for legislative reforms, institutional strengthening, public awareness, and global cooperation to address the emerging human rights crisis.

Keywords:

Human Rights, Fundamental Rights, UDHR, Constitutional Law, NHRC, Judiciary, Marginalized Communities, Digital Rights, Civil Liberties, International Law, Civil Society, Surveillance, Human Dignity, Legal Reforms, Social Justice.

BURDEN OF PROOF IN CRIMINAL PROCEEDINGS INVOLVING INSANITY AS A DEFENCE AND DIFFERFENCE BETWEEN LEGAL & MEDICAL INSANITY

AUTHOR – AJITESH KOCHHAR, STUDENT AT AMITY LAW SCHOOL NOIDA , UTTAR PRADESH

BEST CITATION – AJITESH KOCHHAR, BURDEN OF PROOF IN CRIMINAL PROCEEDINGS INVOLVING INSANITY AS A DEFENCE AND DIFFERFENCE BETWEEN LEGAL & MEDICAL INSANITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 814-825, APIS – 3920 – 0001 & ISSN – 2583-2344

In criminal trial, the insanity as a defense is recognized since the time immemorial and has a long and fascinating history that stretches back centuries. During the ancient time, legal system recognized “mental illness” or “madness” could exempt someone from punishment. In Medieval England, the common law began evolving the idea that a person must have “Mens rea” to commit an offence and in case the same is lacking, the person should not be held criminally liable. One of the earliest cases recognizing insanity as a defense in English law was in 1724 when Edward Arnold tried to assassinate Lord Onslow and claimed insanity and this case sparked legal debate about mental insanity. Then comes the landmark case of Danial M’ Naghten[1] who attempted to assassinate British Prime Minister but instead killed his secretary. He claimed insanity and was found not guilty. This caused public uproar which results in M’ Naghten[1] Rule which became the foundation of modern insanity as a defense in many common law countries. This Rule emphasizes that if a person at the time of commission of offence is suffering from some mental defect or disease in mind and he did not know the nature and quality of act, he should not be punished.

THE FUTURE OF PRIVACY: IS SURVEILLANCE LAW TECHNOLOGY?  PROTECTING  INDIVIDUAL PRIVACY

AUTHOR – SHREYA PANDEY* & DR. SHOVA DEVI**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY

** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY

BEST CITATION – SHREYA PANDEY* & DR. SHOVA DEVI, THE FUTURE OF PRIVACY: IS SURVEILLANCE LAW TECHNOLOGY?  PROTECTING INDIVIDUAL PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 806-813, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This article critically examines whether current legal frames adapt to rapid advances in digital surveillance technologies such as artificial intelligence, biometric authentication, and the Internet of Things (IOT). The study is based on global regulatory models such as the GDPR and CCPA, and examines the growing gap between legislative reform and technological innovation. We examine the legal and ethical implications of mass surveillance, algorithmic monitoring, and data control profiling to assess the extent to which individuals’ rights are protected in the digital age. Through case studies and comparative analysis, this paper highlights the need for proactive legal reform and international cooperation to create an adaptive and responsible monitoring framework with a focus on privacy. The investigation concludes that without timely and future-oriented intervention, the imbalance between state surveillance capabilities and individual freedoms could significantly undermine our legal rights to future privacy.

WHISTLE-BLOWER IN CIVIL ADMINISTRATION

AUTHOR – M. RAMYA, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – M. RAMYA, WHISTLE-BLOWER IN CIVIL ADMINISTRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 792-805, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Whistle-blowing in civil administration is a critical mechanism for maintaining transparency, accountability, and ethical standards within government institutions. It involves individuals within the public sector exposing misconduct, corruption, fraud, or other unethical practices that undermine the integrity of governance. Whistle-blowers, by reporting such actions, play a pivotal role in ensuring that public resources are used responsibly and that government actions align with the principles of justice and fairness. However, the act of whistle-blowing often comes with significant personal risks, including retaliation, harassment, and career setbacks, creating a hostile environment for potential whistle-blowers. Legal frameworks and institutional protections are essential to safeguard those who expose wrongdoing, ensuring they are shielded from retaliation and treated fairly. In many countries, laws such as the Whistle-blower Protection Act and Public Interest Disclosure Act have been enacted to offer legal safeguards and create safe reporting channels. Despite these protections, challenges persist, as many whistle-blowers remain vulnerable to covert retaliation or public condemnation. The effectiveness of whistle-blowing systems in civil administration depends not only on legal protection but also on the establishment of a supportive organizational culture that values transparency and ethical conduct. This requires strong oversight, clear reporting mechanisms, and the willingness of public institutions to act on whistle-blower reports. Through the analysis of key case studies, this paper examines the role of whistle-blowers in exposing corruption and unethical practices in various government sectors. It highlights the importance of fostering an environment that encourages ethical behaviour and supports those who report misconduct. Ultimately, whistle-blowing serves as a powerful tool for upholding good governance and reinforcing public trust in government institutions, emphasizing the need for continued legal reforms and institutional change to protect whistle-blowers effectively.

Keywords: Whistle-blowing, civil administration, transparency, ethical standards, public sector misconduct, legal protection, government corruption.

INTELLECTUAL PROPERTY LAWS IN THE MUSIC INDUSTRY

AUTHOR – NABEEL AHMAD* & Dr. TARU MISHRA**

* STUDENT OF AMITY UNIVERSITY LUCKNOW

** STUDENT OF AMITY UNIVERSITY LUCKNOW

BEST CITATION – NABEEL AHMAD & Dr. TARU MISHRA, INTELLECTUAL PROPERTY LAWS IN THE MUSIC INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 786-791, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract

The music industry plays a vital role in the global economy, providing entertainment, cultural expression, and employment opportunities to millions of people worldwide. To establish regularised coherence in society, laws are necessary. For this reason, in the current internet-driven era, intellectual property rights, or IPR, are becoming more and more necessary. With a variety of Despite government efforts to prevent IP infringement through laws like the Copyright Act, 1957 and the Copyright (Amendment) Rules, 2021, there have been numerous cases of IP rights violations in industries in India and around the world that are expanding steadily, particularly in the music sector. The entertainment business as a whole faces a greater issue because of the industry’s diversity, which makes it harder for the legal system to support IP rights abuses.

Keywords: Intellectual Property Rights, Copyright Act 1957, Music Industry, Copyright,  Copyright (Amendment) Rules, 2021, IP infringement

RESEARCH PAPER ON ABUSE¹ OF PHARMACEUTICAL PATENTS

AUTHOR – GRACY TRIPATHI, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – GRACY TRIPATHI, RESEARCH PAPER ON ABUSE1 OF PHARMACEUTICAL PATENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 777-785, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The abuse of pharmaceutical patents has become a growing concern in the global healthcare system. While patent protection is intended to promote innovation by granting temporary market exclusivity to drug developers, this system is often exploited to delay the entry of affordable generic medicines. Practices such as patent evergreening, strategic litigation, and the creation of patent thickets enable pharmaceutical companies to maintain monopolies far beyond the original intent of patent laws. This abuse not only inflates drug prices but also restricts access to life-saving treatments, particularly in developing and under-resourced regions. This explores the various forms of patent abuse, its impact on public health and healthcare systems, and the urgent need for policy reforms. Emphasizing the balance between rewarding innovation and ensuring equitable access to medicines, the study calls for stricter regulatory oversight and global collaboration to prevent the misuse of intellectual property rights in the pharmaceutical industry.