Category: Volume 5 and Issue 6 of 2025

MEDICAL MALPRACTICE IN GOVERNMENT HOSPITALS IN INDIA: BRIDGING THE GAP BETWEEN LEGAL PROTECTIONS AND ACCOUNTABILITY

AUTHOR – VASUNDHRA^* AND SACHIN KUMAR^**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – VASUNDHRA AND SACHIN KUMAR, MEDICAL MALPRACTICE IN GOVERNMENT HOSPITALS IN INDIA: BRIDGING THE GAP BETWEEN LEGAL PROTECTIONS AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 45-55, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study appraises the malady that ails the Indian nation under its governmental hospitals-the cumulative systematic flaws barred by reason of the medical malpractice concept. It has brought up the legal and institutional divide between safeguards for public healthcare providers and liability to patients. These very government hospitals are the ones that uphold the health care system of India, especially for the economically weaker sections of society, and they have been constantly buffeted by challenges of overcrowding, understaffing, crumbling facilities, etc. The problem exists in the laws-in spite of-constitution (and exceptions in law to tort action), the Consumer Protection Act, and various criminal laws-all of which offer avenues for redress but are lethargic in justice owing to procedural bottlenecks with almost clause-like protectionism accorded by Section 218 of the Bharatiya Nagarik Suraksha Sanhita. It provides for prosecution only upon prior sanction of the government for a public servant. Judgment analysis takes landmark cases such as Jacob Mathew v. State of Punjab to reflect the judiciary’s view in placing culpability upon an actor of causing harm and proving an insurmountable evidentiary threshold in those cases. These proceedings are especially debilitating to victims: from statutory immunities through long procedural delays and lack of legal awareness within the community, extending to institutional opacity. They coalesce to provide negligence with protection from scrutiny. The studies propose sweeping reforms with amendments to statutory immunities, broaden the scope for no-fault compensation schemes, make mandatory reporting of adverse events, and undertake infrastructure and mediation mechanisms. This raises other questions regarding the statutory protections and institutional weaknesses that lead to an urgent need for a more balanced legal regime in sustaining patient rights and enabling public healthcare practitioners. Redressing these gaps is a matter that urgently warrants serious consideration if the constitutional promise of the right to health under Article 21 is to be fulfilled.Keywords: Medical negligence, Government hospitals, Public healthcare accountability, Section 218 BNSS, Consumer Protection Act, Article 21, Judicial precedents, Health law reform

ARTIFICIAL INTELLIGENCE AND INNOVATION: A CRITICAL STUDY OF ITS IMPACT ON PATENT LAW

AUTHOR – PRIYANKA BHATT* & MS. PRIYANKA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – PRIYANKA BHATT & MS. PRIYANKA GUPTA, ARTIFICIAL INTELLIGENCE AND INNOVATION: A CRITICAL STUDY OF ITS IMPACT ON PATENT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 32-44, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

The rapid development of Artificial Intelligence (AI) has significantly transformed industries and sectors globally, including the realm of intellectual property (IP) law. With AI-driven innovations proliferating, traditional frameworks of patent law are being increasingly challenged, particularly in determining the patentability of AI-generated inventions. This dissertation critically examines the impact of AI on patent law, focusing on the emerging legal and practical issues that arise in the context of AI-driven inventions. The study explores the intersection of AI technology and patent law, assessing how current patent frameworks address—or fail to address—AI’s capacity for creating novel inventions. It delves into the criteria for patentability, including novelty, inventiveness, and utility, while analyzing how AI-generated inventions raise unique challenges in meeting these requirements. By investigating case studies, legal precedents, and international patent laws, this dissertation evaluates the global responses to the evolving role of AI in innovation. Ultimately, this work aims to provide a comprehensive analysis of how AI is reshaping patent law, offering critical insights for policymakers, legal professionals, and scholars in navigating the complex challenges at the intersection of innovation, technology, and intellectual property.

KEYWORDS:

Artificial Intelligence (AI), Patent Law, Intellectual Property (IP), AI-Generated Inventions, Patentability, Innovation, Novelty, Inventiveness, Utility, Intellectual Property Rights (IPR), Legal Framework, Patent Reform, International Patent Law, Comparative Analysis, AI and Technology Law, Regulatory Framework, AI Ethics,.

A CRITICAL STUDY ON ENVIRONMENTAL REGULATIONS ON PRODUCTION COST

AUTHOR – B.MEGASREE* & DR.S.MARUTHAVIJAYAN**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI. EMAIL – MEGASREE28012005@GMAIL.COM

** ASSISTANT PROFESSOR, SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI. EMAIL – MARADHU.LAWYER@GMAIL.COM

BEST CITATION – B.MEGASREE & DR.S.MARUTHAVIJAYAN, A CRITICAL STUDY ON ENVIRONMENTAL REGULATIONS ON PRODUCTION COST, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 23-31, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

This paper critically examines the influence of environmental regulations on production costs within the industrial landscape of India. With the global emphasis on sustainable development and environmental protection, governments, including India, have enacted stringent regulations aimed at mitigating environmental degradation. However, the implementation of such regulations often poses challenges to industries, particularly in terms of increased production costs. Through a thorough analysis of existing literature, regulations, and empirical evidence, this paper aims to assess the economic implications of environmental compliance for businesses in India. Additionally, it seeks to identify potential strategies for harmonising environmental sustainability with industrial productivity.

 Keywords: Sustainability,Industrial Sector,Compliance,Economic implications,Mitigation                         strategies,Environmental laws,Competitiveness

AN ANALYTICAL STUDY OF CIVIL AND MATRIMONIAL MATTER IN INDIA

AUTHOR – SHREYA VERMA* & DR AXITA SHRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – SHREYA VERMA & DR AXITA SHRIVASTAVA, AN ANALYTICAL STUDY OF CIVIL AND MATRIMONIAL MATTER IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 13-22, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper presents a comprehensive and analytical exploration of the multifaceted domain of civil and matrimonial law, emphasizing its critical role in shaping societal structures and individual rights.   

It examines the historical evolution of these legal frameworks, tracing their development through colonial influences and post-independence reforms, and underscores the foundational principles that govern civil relationships and matrimonial institutions in India. By delving into landmark judicial pronouncements, pivotal statutory provisions, and the dynamic interaction between law and contemporary social challenges, the paper provides a nuanced understanding of how civil and matrimonial laws operate within the broader justice delivery system.  

 Key themes such as marriage validity, divorce, maintenance, child custody, and gender justice are addressed in detail. The study also investigates the impact of legal pluralism, procedural complexities, and societal transformations on the implementation of these laws.   

Furthermore, it critically assesses the performance of family courts and the judiciary in delivering timely and equitable justice in matrimonial disputes. By identifying persistent challenges—such as delayed proceedings, gender biases, and lack of uniformity—the paper proposes pragmatic reforms aimed at improving access to justice, ensuring legal consistency, and fostering a more inclusive and responsive legal framework for addressing civil and matrimonial matters in modern India.

CROSS- CULTURAL CHALLENGES IN INTERNATIONAL BUSINESS: A STUDY

AUTHOR – TEESHA C* & MARUTHAVIJAYAN**

* STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY. EMAIL – TEESHATALEDA@GMAIL.COM

** ASSISTANT PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY. EMAIL0 MARUDHU.LAWYER@GMAIL.COM

BEST CITATION – TEESHA C & MARUTHAVIJAYAN, CROSS- CULTURAL CHALLENGES IN INTERNATIONAL BUSINESS: A STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 01-11, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the era of globalization, cross-cultural management has become a critical aspect of international business. Companies operating across borders face numerous challenges, including communication barriers, differences in leadership styles, cultural misunderstandings, and variations in workplace ethics. Effective cross-cultural management requires cultural intelligence, adaptability, and a deep understanding of diverse business practices. This paper explores key challenges faced by multinational corporations (MNCs) and strategies to overcome them, such as cultural training, inclusive leadership, and global teamwork. By addressing these challenges, businesses can enhance collaboration, improve employee engagement, and achieve sustainable global success.

Keywords: Cross-cultural management, international business, globalization, cultural intelligence, leadership styles, communication barriers, multinational corporations, workplace diversity

EXAMINING THE LEGAL AND ETHICAL ASPECTS OF BIOMETRIC SURVEILLANCE IN PUBLIC SPACES

AUTHOR – SHIV OM TRIPATHI* & MS ASTHA SRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

BEST CITATION -SHIV OM TRIPATHI & MS ASTHA SRIVASTAVA, PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 1011-1016, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Biometric monitoring, which uses technologies like scanning faces and fingerprints, is growing in popularity in public places like airports and streets around the world. It’s true that these technologies help the police and make the world safer, but they also bring up important moral and legal questions about privacy, approval, and abusive use. This article examines biometric monitoring from all sides, including the various laws that apply in various locations and the moral concerns it brings up. The first part of the study looks at international law through the lenses of UDHR and ICCPR texts. The article examines how these global rules handle issues of privacy when it comes to spying. The General Data Protection Regulation (GDPR) of the EU is one example of a national rule that is further explained.

Keywords: Biometric surveillance, facial recognition, privacy, security, GDPR, BIPA, Aadhaar, informed consent, discrimination, legal frameworks, ethical concerns, public safety, civil liberties, global cooperation.

PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS

AUTHOR – PALLAVI GUPTA* & DR. RESHMA UMAIR**

* STUDENT AT AMITY UNIVERSITY

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY

BEST CITATION -PALLAVI GUPTA & DR. RESHMA UMAIR, PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 998-1010, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper provides a comprehensive legal analyses of Matrimonial disputes encompassing both Civil and Criminal cases within Indian context. It examines the legal frameworks provided under personal law (special emphasis is on Hindu Marriage Act) and secular statute to be precise Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita,2023.

The research delves into civil aspects like legal procedures and judicial approaches concerning marriage validity, divorce, judicial separation, maintenance, alimony and child custody. It also addresses criminal offences arising within marriage such as dowry, domestic violence, bigamy, harassment and cruelty.

Furthermore, it explores the role of courts in resolving disputes related to marriage by analyzing judicial interpretations and landmark cases. Paper also contains landmark cases relating to the provisions of Hindu Marriage Act,1955, along with the study on some recent case laws.

The objective of this paper is to provide a discourse on how current legal system and judicial interpretations or pronouncements ensure the protection of individual rights within Matrimonial relationships.

Indian courts and lawmakers have attempted to maintain a delicate balance between safeguarding the fundamental rights of individuals particularly the right to equality, dignity, and protection from abuse while simultaneously preserving the institution of marriage as a vital social foundation. Judicial interpretations have often walked a fine line between promoting personal liberty and discouraging frivolous litigation or the misuse of protective provisions. Family courts, with their emphasis on conciliation and non-adversarial processes, reflect this balanced approach by prioritizing reconciliation and mediation where feasible, without compromising justice. The research also focuses on this aspect that how a baland is made through legislation and by Courts to protect the sanctity of marriage and balance the rights of individuals

GIG WORKERS AND THE CONSTITUTION REDEFINING EMPLOYMENT RIGHTS IN THE 21ST CENTURY

AUTHOR: S. HARISH KUMAR, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS), CHENNAI

BEST CITATION -S. HARISH KUMAR, GIG WORKERS AND THE CONSTITUTION REDEFINING EMPLOYMENT RIGHTS IN THE 21ST CENTURY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 986-997, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Introduction: The rise of the gig economy has reshaped the landscape of employment across the globe. In India, millions are now part of this informal workforce—engaged as delivery partners, ride-share drivers, freelance professionals, and digital content creators. Despite their growing economic contribution, gig workers often remain outside the purview of traditional labor protections such as minimum wage, social security, and the right to unionize. Objectives: To analyze the current legal status of gig workers under Indian labor laws. To assess the compatibility of gig work with constitutional rights like the right to equality, dignity, and livelihood. To identify gaps in existing legal frameworks concerning gig employment. Methodology: Research Type: Doctrinal and qualitative research. Primary sources: Constitutional provisions, Supreme Court judgments, labor codes. Secondary sources: Articles, research papers, government reports, media reports, case studies.  Findings: Legal Ambiguity: Gig workers fall into a grey zone—not recognized as employees, but also not completely independent contractors. Conclusion: The gig economy represents the future of work, but it also raises critical questions about employment rights, worker welfare, and the applicability of constitutional protections. As India embraces digital labor platforms, there is an urgent need to redefine employment frameworks to include gig workers within the ambit of labor rights and social justice.

KEYWORD:-

Gig economy, gig workers, employment rights, Indian Constitution, labor laws, right to livelihood.

OPERATIONAL PITFALLS IN EXECUTION AND TERMINATION OF E-CONTRACTS: A LEGAL PERSPECTIVE

AUTHOR – SWARUP CHATTERJEE* & DR. RAJVARDHAN**

* PH.D (LAW) RESEARCH SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

** ASSISTANT PROFESSOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA, U.P.

BEST CITATION -SWARUP CHATTERJEE & DR. RAJVARDHAN, OPERATIONAL PITFALLS IN EXECUTION AND TERMINATION OF E-CONTRACTS: A LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 975-985, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

In the digital age, electronic contracts (e-contracts) have revolutionized the way individuals and businesses engage in commercial and personal transactions. The widespread adoption of e-contracts is largely due to their convenience, speed, and global reach. However, as the reliance on digital contracts has increased, so have the challenges surrounding their execution and termination. Despite their growing importance, the legal frameworks governing e-contracts, particularly in India, remain fragmented and inadequate to address the complexities introduced by technological advancements such as blockchain, smart contracts, and AI-based tools.

This research delves into the operational and legal challenges encountered during the execution and termination of e-contracts, with a specific focus on issues such as consent, capacity, authentication, enforceability, and dispute resolution mechanisms. Through a thorough examination of Indian and global legal frameworks, including the Information Technology Act, 2000, the Indian Contract Act, 1872, and sectoral regulations, the study identifies significant gaps in existing legislation and judicial interpretation. The study critically analyses case law, secondary literature, and policy documents to pinpoint these gaps and assess their implications on the enforceability of e-contracts.

The dependent variable in this research is the effectiveness of current legal frameworks in ensuring the enforceability of e-contracts, while the independent variable is the existing lacunae in the execution and termination processes. By identifying these gaps, the paper proposes comprehensive legal and policy reforms aimed at creating a more robust and adaptive legal system that can accommodate emerging technologies. The research concludes by offering a roadmap for a rights-based, technology-responsive legal framework that balances innovation with legal certainty, ensuring that e-contracts remain enforceable, transparent, and fair in the rapidly evolving digital landscape.

Keywords: Digital Contracts, Contract Execution, Termination of E-Contracts, Consent Verification, Automated Termination.

LANGUAGE RIGHTS IN EDUCATION: LEGAL PROTECTION OF TRIBAL LANGUAGES IN SCHOOL SYSTEMS WITH SPECIAL REFERENCE TO INDIA

AUTHORS: KAJAL RANA* & KHALEEQ AHMAD**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL KAJALRANA0149@GMAIL.COM

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL – KHALEEQAHMAD@UTTARANCHALUNIVERSITY.AC.IN

BEST CITATION -KAJAL RANA & KHALEEQ AHMAD, LANGUAGE RIGHTS IN EDUCATION: LEGAL PROTECTION OF TRIBAL LANGUAGES IN SCHOOL SYSTEMS WITH SPECIAL REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 968-975, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

“The purpose of this research study is to investigate the legal preservation of tribal languages in educational institutions, with a particular emphasis on the framework that exists in India. The constitutional and statutory provisions for the protection of tribal languages are analysed in conjunction with international norms and judicial interpretations. Tribal languages in India are confronted with structural obstacles, such as insufficient implementation, resource limits, and pedagogical impediments, despite the fact that progressive legislation has been passed. The purpose of this article is to identify important gaps in the legal protection of tribal language rights and to suggest changes to enhance mother tongue-based multilingual education policy. This is accomplished via a review of pivotal case laws, legislative initiatives, and comparative methods which are presented in this paper. For the purpose of maintaining India’s endangered tribal languages and promoting educational fairness for indigenous groups, the findings imply that positive legal interventions, community engagement, and integrated language planning are crucial components.”

Keywords: Tribal Languages, Language Rights, Education Law, Indigenous Rights, Linguistic Diversity, Mother Tongue Education, Constitutional Protection, Indian law