Category: Volume 5 and Issue 6 of 2025

  • A CRITICAL ANALYSIS OF THE EMPLOYEES’ COMPENSATION ACT, 1923: ADDRESSING GAPS IN COMPENSATION FOR OCCUPATIONAL DISEASES AND INJURIES IN THE MODERN WORKFORCE

    A CRITICAL ANALYSIS OF THE EMPLOYEES’ COMPENSATION ACT, 1923: ADDRESSING GAPS IN COMPENSATION FOR OCCUPATIONAL DISEASES AND INJURIES IN THE MODERN WORKFORCE

    AUTHOR – MUHAMMAD ZIAUR RAHMAN & FATMA AL ZAHRA, STUDENTS AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

    BEST CITATION – MUHAMMAD ZIAUR RAHMAN & FATMA AL ZAHRA, A CRITICAL ANALYSIS OF THE EMPLOYEES’ COMPENSATION ACT, 1923: ADDRESSING GAPS IN COMPENSATION FOR OCCUPATIONAL DISEASES AND INJURIES IN THE MODERN WORKFORCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 451-459, APIS – 3920 – 0001 & ISSN – 2583-2344

    Introduction

    Labour welfare and social security are integral aspects of any progressive legal system, ensuring that employees receive adequate protection from workplace-related risks. The Employees’ Compensation Act, 1923 (formerly the Workmen’s Compensation Act, 1923) is one of the earliest pieces of legislation in India that provides monetary compensation to employees or their dependents in case of injuries, disabilities, or death arising out of and in the course of employment. Enacted during the colonial era, the Act aimed to impose liability on employers for workplace accidents at a time when industrialization was rapidly growing but lacked robust worker protections.

  • SOCIAL SECURITY OF WORKMEN IN INDIA

    SOCIAL SECURITY OF WORKMEN IN INDIA

    AUTHOR – PRANAV RAJ MG, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

    BEST CITATION – PRANAV RAJ MG, SOCIAL SECURITY OF WORKMEN IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 442-450, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT:

    Social security for workmen in India is a fundamental aspect of ensuring the well-being and dignity of the workforce. It refers to the protection provided to workers against various risks such as illness, injury, unemployment, old age, and other social and economic hardships. India’s labour market is unique due to its large informal sector, where many workers lack formal contracts and social protection, making the extension of social security a complex challenge. Over the years, the government has introduced several laws and schemes aimed at safeguarding workers’ interests, including provident funds, insurance coverage, compensation for workplace injuries, and maternity benefits. The recent enactment of the Code on Social Security, 2020, represents a significant step toward consolidating multiple labour laws into a single framework, with the goal of improving coverage and simplifying access to benefits. This new code also attempts to include workers from the unorganized sector and the growing gig economy, who were previously outside the scope of many social security measures. Despite these advances, many workers still face difficulties in accessing social security due to lack of awareness, administrative hurdles, and limited outreach, especially in rural and informal settings. To build a more inclusive and effective social security system, it is crucial to strengthen implementation mechanisms, increase awareness among workers, and ensure better coordination between government agencies and employers. Ultimately, a robust social security framework not only protects individual workers but also contributes to social stability and economic growth by reducing vulnerability and promoting a healthier, more productive workforce.

    KEYWORDS : Social Security, Workmen, Labour

  • THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INDIAN LABOUR LEGISLATION

    THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INDIAN LABOUR LEGISLATION

    AUTHOR – KRITHIKA S,STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

    BEST CITATION – KRITHIKA S, THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INDIAN LABOUR LEGISLATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 435-441, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The integration of Artificial Intelligence (AI) and advanced technologies into India’s workforce is reshaping employment paradigms, creating a dual-edged impact of innovation-driven efficiency and socio-legal complexities. As automation, machine learning, and AI-driven systems permeate industries like manufacturing, IT, logistics, and the gig economy, traditional employment hierarchies are being replaced by decentralized, algorithm-managed work models. This shift has triggered job displacement, skill mismatches, and the proliferation of non-standard work arrangements, alongside pressing concerns about data privacy, algorithmic discrimination, and the ethical implications of automated decision-making. India’s labour laws, historically tailored to regulate human-centric workplaces and employer-employee dynamics, now face obsolescence in addressing these technological disruptions. Key legislative gaps include the absence of formal recognition for gig and platform workers, inadequate safeguards for worker data, and ambiguous liability frameworks for AI-mediated employment practices. This study evaluates the ethical and legal challenges posed by AI adoption, emphasizing the necessity to modernize labour regulations to uphold fair wages, social security, and workplace rights in an increasingly digitized economy.

    The research advocates for dynamic policy interventions, including adaptive regulatory frameworks, enhanced digital rights protections, and inclusive labour policies that harmonize technological progress with equitable worker protections. By prioritizing social justice and inclusivity, India can navigate the AI revolution while ensuring a sustainable and rights-based future of work.

    Key words: Artificial Intelligence (AI), Indian labour laws, worker protections, digital rights, social security, workplace rights, policy modernization.

  • THE IMPACT OF EMPLOYEE MENTAL HEALTH IN THE WORKPLACE

    THE IMPACT OF EMPLOYEE MENTAL HEALTH IN THE WORKPLACE

    AUTHOR –  MUKAESH S M, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

    BEST CITATION – MUKAESH S M, THE IMPACT OF EMPLOYEE MENTAL HEALTH IN THE WORKPLACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 426-434, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Over the years, numerous studies have highlighted various strategies for managing the mental well-being of employees in organizational settings. Despite this, there remains a lack of comprehensive understanding regarding how employee mental health impacts essential aspects of the workplace, including learning systems, participatory practices, expressions of gratitude, and emotional dynamics among employees. The primary objective of this research is to explore the broader implications of employee mental health on workplace processes and outcomes.

    This study adopts a systematic literature review approach, analyzing 50 carefully selected and screened articles based on their relevance to the topic and key findings. The review uncovers diverse interpretations of both mental health and gratitude, indicating that mental health is predominantly understood through experiences and emotional responses, while workplace learning is often viewed as learning acquired through participatory practices and collaborative experiences. This study further outlines the intricate connections between mental health and workplace learning, revealing that employee mental health plays an active role in either facilitating or hindering professional development and learning in the workplace.

    Interestingly, some research highlights a paradoxical relationship where gratitude can, in certain contexts, negatively influence workplace mental health. Additionally, mental health significantly affects employees’ emotions, influencing workplace relationships, job satisfaction, and overall productivity. This paper proposes that organizations prioritize the mental well-being of their workforce by adopting effective human resource management strategies. Future research is encouraged to explore emerging trends, identify research gaps, and offer empirical evidence on this increasingly vital issue.

    Keywords: employee mental health, workplace learning system, participatory practices, gratitude, employee emotions.

  • REVISITING THE DEFINITION OF MANUFACTURING PROCESS UNDER THE FACTORIES ACT: A JUDICIAL EVOLUTION

    REVISITING THE DEFINITION OF MANUFACTURING PROCESS UNDER THE FACTORIES ACT: A JUDICIAL EVOLUTION

    AUTHOR – MEHEK CHOWATIA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

    BEST CITATION – MEHEK CHOWATIA, REVISITING THE DEFINITION OF MANUFACTURING PROCESS UNDER THE FACTORIES ACT: A JUDICIAL EVOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 420-425, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    This article critically examines the evolving judicial interpretation of the term “manufacturing process” under Section 2(k) of the Factories Act, 1948, a cornerstone of labour legislation in India. Traditionally associated with the mechanical transformation of raw materials into finished products, the definition has undergone significant expansion through a series of landmark judicial pronouncements. Courts have increasingly adopted a purposive and welfare-oriented approach, bringing within its ambit a wide variety of processes that do not necessarily involve mechanization or result in a new product. Activities such as food preparation, packing, grading, refrigerating, and even dry-cleaning have been recognized as manufacturing processes when undertaken with a commercial or utilitarian objective.

    The recent Supreme Court ruling in State of Goa & Anr. v. Namita Tripathi (2025) marks a notable development in this interpretive trajectory. The Court held that activities like washing, cleaning, and dry-cleaning fall within the ambit of a manufacturing process under the Act, emphasizing the legislative intent to ensure the health, safety, and welfare of workers across evolving sectors. This decision reinforces a broader application of the Act to service-oriented industries that were traditionally considered outside its scope.

    Through a detailed analysis of key cases, this paper underscores the judiciary’s role in progressively broadening the scope of worker protection under the Factories Act. It also highlights the urgent need for a legislative update to the definition of “manufacturing process,” particularly in light of emerging digital, hybrid, and service-based industries. Until such reform is undertaken, courts are likely to continue relying on a functional and intent-based test to determine applicability.

    Keywords: Factories Act, manufacturing process, labour law, worker welfare.

  • IRIDIUM METAL OR RICE PULLING SCAM IN INDIA

    IRIDIUM METAL OR RICE PULLING SCAM IN INDIA

    AUTHOR – AKSHAYA R, STUDENT AT THE TAMILNADU DR. B.R. AMBEDKAR LAW UNIVERSITY

    BEST CITATION – AKSHAYA R, IRIDIUM METAL OR RICE PULLING SCAM IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 410-419, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT:

    The Rice Pulling or Iridium Metal Scam is one of the most widespread and strange money scams in India. It takes advantage of people’s lack of knowledge about science, superstitions, and the dream of becoming rich overnight. In this scam, criminals say that some old copper or bronze items, like coins or bowls said to contain iridium a rare and very valuable metal can pull rice grains or have special electromagnetic properties. These items are sold as having been used in satellite technology or nuclear research, typically cheating rich people and businessmen into investing large amounts of money with the promise of huge returns. Victims are typically forced to keep this a secret, telling them it is top secret government or international space research.

    Despite numerous police actions, the scam has persisted for decades because it can be easily modified, people lack sufficient knowledge, and there are well-organized groups behind them. This paper examines how the scam operates, how the scammers deceive people, significant cases that have been reported in India, and the legal and social issues in preventing this type of fraud. It emphasizes the need for greater public awareness, scientific understanding, and improved laws to save people from bogus science and money scams.

  • INTELLECTUAL PROPERTY RIGHTS IN THE MUSIC INDUSTRY : CHALLENGES AND DEVELOPMENT

    INTELLECTUAL PROPERTY RIGHTS IN THE MUSIC INDUSTRY : CHALLENGES AND DEVELOPMENT

    AUTHOR – SANA FATIMA ABBASI* & DR.SHOVA DEVI**

    * STUDENT AT AMITY UNIVERSITY LUCKNOW

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW

    BEST CITATION – SANA FATIMA ABBASI & DR.SHOVA DEVI, INTELLECTUAL PROPERTY RIGHTS IN THE MUSIC INDUSTRY : CHALLENGES AND DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 405-409, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    Intellectual Property Rights (IPR) form the legal and economic foundation of the music industry. They enable artists, composers, and producers to secure recognition, control the dissemination of their work, and receive appropriate financial compensation. However, the digital transformation and the growing influence of artificial intelligence (AI) have significantly disrupted traditional IPR frameworks. This paper explores the multifaceted nature of IPR in the music industry, highlighting the primary legal mechanisms involved, challenges posed by digitalization and AI, the particular context of the Indian music industry, and the role of international frameworks. It further analyzes recent legal developments, industry responses, and the potential of emerging technologies, including blockchain, to create a more sustainable and equitable system. Recommendations for reform and future directions are also discussed.

    Keywords : Intellectual Property Rights (IPR),Music Industry,Copyright,Artificial Intelligence (AI),Digital Rights Management,Blockchain,Music Licensing, Piracy,Royalty Distribution, India Copyright Law,International IPR Frameworks,Smart Contracts,Berne Convention,ELVIS Act,IP Enforcement,Technological Disruption in Music,Music Streaming,Moral Rights

  • BRIDGING THE GAP: TOOLS FOR ENVIRONMENTAL POLICY AND THE ROAD TO SUSTAINABLE INDIA

    BRIDGING THE GAP: TOOLS FOR ENVIRONMENTAL POLICY AND THE ROAD TO SUSTAINABLE INDIA

    AUTHOR – ADITI SINGH* & ABHISHEK MISHRA**

    * STUDENT AT AMITY UNIVERSITY, LUCKNOW

    ** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW

    BEST CITATION – ADITI SINGH & ABHISHEK MISHRA, BRIDGING THE GAP: TOOLS FOR ENVIRONMENTAL POLICY AND THE ROAD TO SUSTAINABLE INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 397-404, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The development and execution of important environmental policy tools in India are examined in this article from the perspective of environmental law, with an emphasis on the ways in which legislative and regulatory frameworks can provide forward-thinking incentives for compliance. It critically assesses five key policy tools: the Wildlife Conservation Strategy (2002), the National Forest Policy (1988), the National Water Policy (2002), the National Environment Policy (2006), and the National Action Plan on Climate Change (2008). Each is evaluated according to its regulatory reach, legal underpinnings, and ability to operationalize environmental goals through participatory and enforceable processes.

    To investigate how closely these tools adhere to the concepts of environmental justice, intergenerational equity, and sustainable development, the study uses a doctrinal and policy analysis approach. It also looks into how incentive-based mechanisms, like decentralized governance, market instruments, and public-private partnerships, can be incorporated into legal and policy frameworks. The article identifies several significant flaws in the instruments in use today, such as imprecise legislative directives, inadequate accountability within institutions, and the marginalization of local communities from the decision-making process.

    According to the findings, India’s environmental policies clearly aim at combating ecological degradation, but their effectiveness is frequently hampered by inconsistent legal enforcement and a lack of incentives for compliance. The article suggests rethinking environmental policy tools as dynamic legal instruments that should include adaptive governance mechanisms, legally binding commitments, and incentives that respond to stakeholder needs. By doing this, it provides a means of enhancing adherence to environmental regulations and guaranteeing that legal frameworks adapt to new ecological and sociopolitical issues.

  • OCCUPATIONAL HEALTH AND SAFETY: LEGAL DUTIES OF EMPLOYERS

    OCCUPATIONAL HEALTH AND SAFETY: LEGAL DUTIES OF EMPLOYERS

    AUTHOR – NIVIIYA P, STUDENT AT SCHOOL OF EXCELLENCE IN LAW

    BEST CITATION – NIVIIYA P, OCCUPATIONAL HEALTH AND SAFETY: LEGAL DUTIES OF EMPLOYERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 392-396, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    This article explores the legal duties of employers in relation to occupational health and safety (OHS), examining statutory obligations, common law principles, and international labor standards. Employers are increasingly held accountable for ensuring safe working environments, with legal responsibilities that include risk assessments, provision of safe systems and equipment, employee training, health surveillance, emergency preparedness, and consultation with workers. Drawing on legislation from jurisdictions such as the United Kingdom, United States, Australia, and the European Union, the article outlines both general and sector-specific duties. It further analyzes the legal consequences of non-compliance, including criminal liability, civil litigation, and administrative sanctions. Through historical context and case studies such as the Piper Alpha disaster and Rana Plaza collapse, the article underscores the evolution and continuing relevance of employer obligations. Emerging challenges—such as mental health, remote work, technological risks, and climate-related hazards—are also discussed. The article concludes that the fulfilment of legal duties in OHS is essential not only for legal compliance but also for promoting workplace safety, productivity, and employee well-being in a rapidly changing labor environment.

    Keywords: Occupational health and safety (OHS), employer duties, workplace safety, international labour standards, safety culture.

  • ANNOYING BITS AND BYTES: CAUSES AND CURES TO IT WORKFORCE ATTRITION

    ANNOYING BITS AND BYTES: CAUSES AND CURES TO IT WORKFORCE ATTRITION

    AUTHOR – THANUSH TRIVIKRAM N* & DR. S. MARUTHAVIJAYAN**
    * STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI.

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

    BEST CITATION – THANUSH TRIVIKRAM N & DR. S. MARUTHAVIJAYAN, ANNOYING BITS AND BYTES: CAUSES AND CURES TO IT WORKFORCE ATTRITION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 370-391, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    In the electrifying domain of IT, where innovation reigns supreme and progress is the name of the game, the spectre of workforce attrition casts a long shadow over the industry. This study embarks on a daring quest to unravel the enigmatic forces driving talented IT professionals to bid adieu, affectionately dubbed as the “Annoying Bits and Bytes”. Through an intrepid exploration of organizational intricacies, individual motivations, and industry nuances, this research endeavors to unearth the hidden catalysts of attrition within the IT realm.

    Employing a blend of qualitative and quantitative methodologies, ranging from immersive surveys to revealing interviews and enlightening case studies, this study navigates the labyrinthine nature of attrition within the IT landscape. From the insidious grasp of burnout and the elusive pursuit of career progression to the elusive alchemy of workplace culture and job fulfilment, the research ventures into the depths of what propels talented minds to seek new horizons.

    But this expedition doesn’t stop at diagnosis; it charts a course towards actionable solutions and transformative remedies to stem the tide of attrition and cultivate an environment conducive to retention. Through the implementation of targeted interventions such as mentorship marvels, skill-building odysseys, and cultural metamorphoses, organizations can vanquish the attrition beast and forge an unwavering bond with their IT workforce.

    In the annals of IT leadership, HR wizardry, and organizational alchemy, this research stands as a guiding light, illuminating the path through the turbulent seas of attrition in the digital age. By deciphering the underlying mysteries and deploying effective countermeasures, organizations can unleash the full potential of their IT workforce and chart a course towards enduring prosperity in the ever-evolving landscape of the IT industry.

    KEYWORDS: IT industry, workforce attrition, organizational dynamics, career advancement, workplace culture, job satisfaction, talent retention, mentorship programs, skill development, cultural enhancements, organizational success, digital age.