Category: Volume 5 and Issue 5 of 2025

LABOUR REGULATION IN THE MARITIME SECTOR IN INDIA

AUTHOR – ANGELINA BLESSY J, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ANGELINA BLESSY J, LABOUR REGULATION IN THE MARITIME SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 220-224, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The maritime industry, a sector vital to global trade is often marked by legal ambiguity and worker exploitation. This article examines the diverse categories of maritime labour—including seafarers, dockworkers, offshore energy workers, and fishers—and the risks they face, such as poor working conditions, wage theft, and mental health issues. The Indian legal framework, while aligned with international conventions like the Maritime Labour Convention (MLC), 2006, suffers from weak enforcement and fragmented oversight. The use of Flags of Convenience (FOC) further complicates jurisdictional accountability, making it difficult for workers to seek justice. The article also reviews the role of international bodies such as the IMO and ILO in setting standards and supporting seafarers. Real-world case studies highlight the failure of authorities to protect Indian maritime workers abandoned in foreign ports. The article concludes with policy recommendations including tighter regulation of manning agents, port welfare desks, gender inclusion, and legal harmonisation. Ultimately, it calls for stronger coordination between domestic and international stakeholders to safeguard the rights and dignity of maritime workers.

Keywords: Maritime industry, labour, challenges, law.

BALANCING VICTIM PROTECTION AND ACCUSED RIGHTS

AUTHOR – SHREYA KARDAM, STUDENT AT AMITY LAW SCHOOL NOIDA , UTTAR PRADESH

BEST CITATION – SHREYA KARDAM, BALANCING VICTIM PROTECTION AND ACCUSED RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 212-219, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted in India to provide a robust legal framework for the protection of children from sexual abuse and exploitation. This legislation has significantly redefined the landscape of child protection in the Indian criminal justice system by creating child-friendly procedures and imposing stringent penalties on perpetrators. However, while the POCSO Act aims to safeguard child victims, it also raises significant concerns about ensuring the constitutional rights of the accused, especially the right to a fair trial as guaranteed under Article 21 of the Indian Constitution. This study seeks to critically examine the impact of the POCSO Act on the balance between victim protection and the rights of the accused within the Indian legal framework.

The research focuses on the dual obligation of the justice system to both protect vulnerable child victims and uphold the fundamental principles of criminal law, particularly the presumption of innocence and the right to a fair, impartial, and timely trial. The POCSO Act introduces several special procedures, such as child-friendly courts, the presence of support persons, in-camera trials, and restrictions on bail and anticipatory bail, all of which are intended to shield child victims from secondary trauma during the legal process. However, these provisions often create tension with the rights of the accused, who may be subjected to pre-trial stigma, reverse burdens of proof, and constraints on bail that challenge established legal norms.

This dissertation explores whether the procedural innovations under the POCSO Act align with the constitutional commitment to justice, equality, and due process. It investigates whether the current legal provisions effectively balance the rights of both parties or if the scales have been unduly tipped in favor of victims at the cost of fundamental criminal jurisprudence. It further examines how Indian courts have interpreted and applied these provisions, and whether judicial discretion has been used to mitigate or exacerbate this imbalance.

In addition to doctrinal and jurisprudential analysis, this study also draws upon international human rights frameworks, such as the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention on the Rights of the Child (UNCRC), to situate India’s legal developments within a global context. The research highlights the comparative approaches adopted by other jurisdictions in balancing victim protection and accused rights, and the lessons India can derive from such models.

CRITICAL ANALYSIS OF PLMA’S EFFICACY IN CRYPTO-RELATED MONEY LAUNDERING

AUTHOR – RAAJ SHEKHAR CHOTALIA* & DR. PRIYANKA TAKTAWALA**

* STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

** ASSOCIATE PROFESSOR AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – RAAJ SHEKHAR CHOTALIA* & DR. PRIYANKA TAKTAWALA, CRITICAL ANALYSIS OF PLMA’S EFFICACY IN CRYPTO-RELATED MONEY LAUNDERING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 195-211, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The research paper explores the evolving landscape of cryptocurrency regulation, focusing on the challenges and responses of various jurisdictions, particularly India, the United States, and the European Union. It highlights the legislative and regulatory shortcomings in defining “virtual assets” under India’s Prevention of Money Laundering Act (PMLA), which has led to enforcement challenges and regulatory arbitrage. The paper contrasts India’s ambiguous framework with the EU’s Markets in Crypto-Assets (MiCA) Regulation and Singapore’s Payment Services Act, which offer more precise classifications and robust enforcement mechanisms. The study underscores the importance of adopting a risk-based approach (RBA) as advocated by the Financial Action Task Force (FATF), emphasizing the need for countries to identify and mitigate sector-specific risks. It also examines the technical limitations in tracking blockchain transactions, which hinder anti-money laundering (AML) efforts globally. The paper discusses the role of advanced analytics and international collaboration in overcoming these barriers, citing examples like the WazirX scandal and the Lazarus Group heists. Furthermore, it analyzes the United States’ Bank Secrecy Act (BSA) and its limitations in addressing the nuances of digital assets, despite its rigorous AML frameworks. The research concludes by recommending legislative reforms, technological integration, and global cooperation to enhance the effectiveness of crypto regulation. It advocates for a balanced approach that fosters innovation while ensuring security, drawing lessons from jurisdictions like the EU and Singapore. The paper calls for harmonized global action to address the challenges posed by the borderless nature of cryptocurrencies, warning that without such efforts, the financial system remains vulnerable to exploitation.

NAVIGATING THE CHALLENGES IN GIG ECONOMY : THE STRUGGLE FOR COLLECTIVE BARGAINING RIGHTS IN A WORKPLACE

AUTHOR – AALIYA AMEER. A, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – AALIYA AMEER. A, NAVIGATING THE CHALLENGES IN GIG ECONOMY : THE STRUGGLE FOR COLLECTIVE BARGAINING RIGHTS IN A WORKPLACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 184-194, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract :

     Gig economy is a modern labor market system which has redefined the traditional labor market system which has its own advantages and disadvantages. This has challenged the traditional labor employment structures in various forms most notably through its flexibility and autonomy. Millions. of people are now performing on-demand, freelance, and temporary jobs because of the growth of digital platforms. like Uber, Swiggy, and Urban Company. But. this change has sparked serious questions about labor rights, especially the right to collective bargaining. Gig workers are basically categorised under Independent contractors which is in total contrast to the traditional employment structures. which makes them not eligible for social security benefits and unionization and other important benefits that a normal employer is eligible to claim under traditional labor legislations. This power disparity that is prevailing in the market makes the workers and platforms less exposed to bargaining rights as to equitable pay, secure working conditions and dispute resolution.

     The challenges with regard to gig workers rights still remain unresolved because of the lack of unclear legal provisions that validates gig workers rights. Labor laws like the Industrial Disputes Act and Trade Unions Act exclusively deal with formal employment and lack provisions with regard to gig workers rights which creates some important legal challenges in the field of p;atform based workers. Many countries have brought notable legislative changes with regard to gig workers rights.

      This paper delves into the structural and legal challenges to collective bargaining in the gig economy with key focus on Indian labor laws, the lacunas and the insights into foreign labor laws. This research underscores the importance of policy reforms and legislative changes guaranteeing equitable working conditions and sustainable labor rights for gig workers.

“FORENSIC EVIDENCE IN CRIMINAL CONVICTIONS: NEED FOR REGULATORY REFORM IN INDIA”

AUTHOR – ANANYA SINGH* & DR. PRASHANT KUMAR VARUN**

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

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

BEST CITATION – ANANYA SINGH & DR. PRASHANT KUMAR VARUN, “FORENSIC EVIDENCE IN CRIMINAL CONVICTIONS: NEED FOR REGULATORY REFORM IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 173-183, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper offers an in-depth analysis of the essential role that forensic science plays in the adjudication of criminal cases within the Indian legal system. It investigates how forensic techniques—such as DNA profiling, fingerprint analysis, ballistic examinations, and digital forensics—serve as crucial tools in both proving guilt and establishing innocence. However, the study also exposes the significant challenges arising from the lack of uniform protocols, improper handling of evidence, inadequate training of personnel, and institutional shortcomings in forensic infrastructure.

Particular focus is placed on how these lapses contribute to miscarriages of justice, including wrongful convictions and acquittals, thereby undermining public confidence in the criminal justice process. The research emphasizes the pressing necessity for robust legislative reforms, the implementation of scientifically validated forensic methodologies, and the compulsory accreditation of forensic laboratories to ensure uniformity and credibility.

Moreover, the paper calls for the integration of forensic science into legal and police training curricula, alongside the establishment of specialized forensic oversight bodies to regulate the collection, analysis, and presentation of forensic evidence in courts. By promoting transparency, accountability, and scientific accuracy, these proposed reforms aim to bolster the integrity and reliability of forensic science as a foundational component of justice delivery in India.

Keywords –  Forensic science in India,Criminal justice system,Wrongful convictions Misuse of forensic evidence ,Transparency and accountability in justice ,Misinterpretation of forensic data, DNA profiling,  Fingerprint analysis, Ballistic forensics , Digital forensic evidence, Standardization of forensic protocols, Forensic laboratory accreditation .

EVOLUTION OF MATERNITY BENEFITS: A COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS ACROSS DEVELOPED AND DEVELOPING NATIONS

AUTHOR – LUXEN I, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL, CHENNAI

BEST CITATION – LUXEN I, EVOLUTION OF MATERNITY BENEFITS: A COMPARATIVE ANALYSIS OF LEGAL FRAMEWORKS ACROSS DEVELOPED AND DEVELOPING NATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 160-173, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

This doctrinal study investigates the historical evolution, present situation, and future directions of maternity benefit regulations in both developed and developing nations. The research utilizes a comparative legal approach to assess how maternity protection has transitioned from being considered charitable welfare to being recognized as legally enforceable rights within the broader contexts of human rights and gender equality. The analysis follows the development of international labour standards via a series of ILO Conventions and their integration into national law, highlighting notable disparities in aspects such as coverage, duration, funding structures, and enforcement mechanisms. By conducting a thorough examination of statutory laws, court rulings, and policy frameworks across various regions, this study identifies unique regional models while exploring the intricate relationship between economic progress, cultural elements, and legal safeguards. Special focus is placed on the ongoing implementation gaps that exist between legislative commitments and real-world practices, particularly in the informal sector where a majority of women in developing countries are employed. The research reveals that while maternity benefits are generally more extensive in developed countries, several developing nations have adopted innovative strategies worthy of broader exploration. The study also considers emerging patterns such as the gradual move towards shared parental leave, flexible work options, and increased protections for non-standard employment situations. An analysis of economic impacts shows that well-structured maternity benefit systems provide positive outcomes through heightened female workforce engagement, decreased employee turnover, and enhanced maternal and child health results. This research adds to the current body of knowledge by suggesting a framework for evaluating maternity benefit systems that takes into account different economic limitations while pinpointing essential minimum standards relevant across various development settings. The findings endorse policy suggestions aimed at achieving universal maternity protection while addressing challenges in implementation through technological advancements, collaborations between public and private sectors, and improved enforcement strategies.

Key Words: Maternity Benefits, Parental Leave, Legal Frameworks, Employment Rights, Gender Equality.

THE IMPACT OF CLIMATE FINANCE AND ITS SOURCES IN THE DEVELOPED AND DEVELOPING COUNTRIES

AUTHOR – KEERTHANA.S* & DR. S. MARUTHAVIJAYAN**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – KEERTHANA.S & DR. S. MARUTHAVIJAYAN, THE IMPACT OF CLIMATE FINANCE AND ITS SOURCES IN THE DEVELOPED AND DEVELOPING COUNTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 148-160, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Climate finance refers to the financial resources allocated to support global efforts aimed at mitigating the effects of climate change and adapting to its impacts. As the world grapples with the growing threat of climate change, climate finance has emerged as a crucial mechanism to support countries, businesses, and communities in transitioning to a lowcarbon, sustainable future. This research explores the key aspects of climate finance, examining the flow of capital from public and private sources, the role of international agreements such as the Paris Agreement, and the mechanisms available to finance climate action, including green bonds, climate funds, and investment in clean technologies. The study investigates the challenges and opportunities in climate finance, such as the gap between the financial needs of developing countries and the resources available to meet them, as well as the integration of climate-related risks into financial decision-making. A key focus is on the growing significance of private sector involvement in financing climate initiatives and the integration of Environmental, Social, and Governance (ESG) criteria into investment strategies. Additionally, the research highlights the importance of climate adaptation financing, particularly for vulnerable regions facing severe environmental impacts such as rising sea levels, extreme weather events, and droughts. By exploring global efforts and national strategies to mobilize climate finance, the research aims to provide insights into how financing mechanisms can be optimized to accelerate climate action, foster sustainable development, and enhance resilience to climate change impacts. And the addresses of the climate finance of this year (cop 29). 

KEY WORDS: climate finance, flow of capitals, Paris agreement, investment-funds, 

“NEW CHALLENGES IN BANKING FRAUD: A SOCIO LEGAL ANALYSIS- IN INDIA”

AUTHOR – HIMANSHI SINGH, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – HIMANSHI SINGH, “NEW CHALLENGES IN BANKING FRAUD: A SOCIO LEGAL ANALYSIS- IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 140-147, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The rapid evolution of digital banking has brought unprecedented convenience to consumers but has also created new challenges in banking fraud.

Cybercriminals leverage advanced technologies such as artificial intelligence, deepfake scams, and social engineering tactics to exploit vulnerabilities in banking systems. Additionally, the rise of decentralized finance (DeFi) and cryptocurrency transactions introduces new complexities in fraud detection and prevention. This paper explores emerging fraud trends, including account takeover fraud, synthetic identity fraud, and insider threats, while highlighting the role of machine learning, blockchain, and regulatory frameworks in combating these threats. Addressing these challenges requires a collaborative effort between financial institutions, cybersecurity experts, and regulatory bodies to develop proactive fraud prevention strategies and safeguard customer trust.

Keywords:

Banking fraud, cybersecurity, financial crime, digital banking, synthetic identity fraud, account takeover, blockchain security, Al in fraud detection, regulatory compliance, financial technology.

“PUBLIC OPINION SHAPING JUSTICE:  ANALYZING THE IMPACT OF MEDIA ON HIGH-PROFILE CRIMINAL CASES”

AUTHOR – AYUSH SRIVASTAVA * & DR. . SUKRITI YADAV**

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

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

BEST CITATION – AYUSH SRIVASTAVA & DR. . SUKRITI YADAV, “PUBLIC OPINION SHAPING JUSTICE:  ANALYZING THE IMPACT OF MEDIA ON HIGH-PROFILE CRIMINAL CASES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 130-139, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the contemporary age of information and digital connectivity, the media has emerged as a formidable force capable of shaping societal perceptions and influencing institutional frameworks, particularly in the realm of criminal justice. This research paper delves into the complex dynamics between media coverage and public opinion during high-profile criminal cases, and how such influence can directly or indirectly affect the judicial process. Through the lens of multiple case studies and legal analysis, the paper investigates the extent to which media narratives can alter societal understanding of justice, create preconceived notions of guilt or innocence, and exert pressure on investigating agencies, prosecutors, defense lawyers, and even the judiciary.

While a free and robust press is fundamental to a democratic society, unregulated or sensationalist reporting in sub judice matters may compromise the core principle of a fair and impartial trial. The paper further explores constitutional provisions such as Article 19(1)(a) – guaranteeing freedom of speech and expression – and Article 21 – ensuring the right to life and personal liberty, including the right to a fair trial. It critically analyzes the intersection of these rights in situations where media reportage risks infringing upon judicial independence.

The study incorporates key Indian and international judicial pronouncements, ethical standards of journalism, and legislative frameworks, offering a comparative perspective. It also addresses the concept of “trial by media” and its ramifications on due process, the presumption of innocence, and public trust in the judiciary. In conclusion, the paper recommends the formulation of specific guidelines and regulatory mechanisms to strike a balance between the freedom of the press and the sanctity of judicial proceedings, thereby ensuring that justice is not only done but is seen to be done without prejudice or populist influence.

KEYWORDS –

Media Trials, High-Profile Criminal Cases, Public Opinion, Freedom of Press, Fair Trial, Article 19(1)(a), Article 21, Judicial Independence, Trial by Media, Legal Ethics, Due Process, Sensationalism, Sub Judice Reporting, Right to Reputation, Media Regulation, Criminal Justice System.

RERA AND CONSUMER PROTECTION: COMPARATIVE EFFECTIVENESS IN URBAN VS RURAL REAL ESTATE MARKETS IN INDIA

AUTHOR –  PATEL HET ANILKUMAR, STUDENT AT UNITED WORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – PATEL HET ANILKUMAR, RERA AND CONSUMER PROTECTION: COMPARATIVE EFFECTIVENESS IN URBAN VS RURAL REAL ESTATE MARKETS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 115-130, APIS – 3920 – 0001 & ISSN – 2583-2344

CHAPTER-1: INTRODUCTION

Introduction

“When considering your next real estate investment the choice between city and suburb can significantly impact your property’s value and lifestyle. (While cities offer vibrant amenities and potentially higher price appreciation, suburbs often come with lower costs and greater room for development.) Understanding these distinctions can help you make an informed decision.”

‘Choosing a home should depend on your personal requirements and expectations from the property and its environment. If you prioritize convenience and access to urban amenities, a city might be ideal for you. ‘However, if investment potential is your focus, the suburbs are increasingly recognized as areas of growth and opportunity.’ Here’s a closer look at various factors to consider when deciding between these two options.’ (Its provisions include mandatory project registration, escrow account management, and the establishment of grievance redressal mechanisms through state-specific RERA authorities.) While RERA has been widely hailed as a game-changer, “its implementation has faced criticism due to state-level variations, limited consumer awareness, and infrastructural bottlenecks.’ (This study seeks to critically analyse the effects of RERA on India’s real estate industry, exploring its impact on project management, market dynamics, and stakeholder relationships. The study further examines the interplay between RERA’s regulatory framework and modern construction technologies, emphasizing the potential for sustainable growth and enhanced consumer confidence in the industry.)