Category: Volume 5 and Issue 6 of 2025

GUARDIANSHIP AND CHILD CUSTODY UNDER MUSLIM LAW AND SUGGESTED REFORMS

AUTHOR – AYUSHI MISHRA, STUDENT AT BANASTHALI VIDYAPEETH

BEST CITATION – AYUSHI MISHRA, GUARDIANSHIP AND CHILD CUSTODY UNDER MUSLIM LAW AND SUGGESTED REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 827-838, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The laws are not static they changes with the demand of time.  The law governing custody of children is closely linked with that of guardianship. Guardianship in Muslim Law refers to a bundle of rights and powers that an adult has in relation to the person and property of a minor Muslim, while custody is a narrower concept relating to the upbringing and day-to-day care and control of the minor. The term custody‘ is not defined in any Indian family law, whether secular or religious. The term guardian‘ is defined by the Guardians and Wards Act, 1890 (hereinafter, GWA) as a ―person having the care of the person of a minor or of his property or of both his person and property[1].

For eradicating the loopholes in guardianship law under Muslim law there sine quo non reforms should be applied. Changes that are necessary in section 17,19 and 25 of guardianship and wards act,1890 reforms suggested by law commission report 257 on custody laws. Reform in Islamic law on custody and guardianship as In Muslim law, for very young children, the mother is preferred to be the custodian, but the father always remains the natural guardian. The face of unequal child custody arrangements should be changing.  This trend has arisen largely in a response to changing familial roles (male care takers taking on more child rearing responsibilities) as well psychological studies revealing that the involvement of both parents in child rearing is preferable to sole custody arrangements[2]. However, such preferences for shared custody are often balanced with the ―best interest of the child standard and interest.

 Keywords – Guardianship, Miner, Custody, Best interest, Children, Care, Welfare.

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[1] Guardian and Wards Act, No. 8 of 1890] S. 4(2)

[2] Glover, R. & Steel, C., Comparing the Effects on the Child of Post-Divorce Parenting Arrangements, Journal of Divorce, Vol. 12 No. 2-3 (1989

MEDICAL BANKRUPTCY AND RIGHT TO HELP A CONSTITUTIONAL FAILURE ANALYZING HOW OUT OF POCKET EXPENSES VIOLATE FUNDAMENTAL RIGHT

AUTHOR – KHUSHI GOYAL* & DR. AKSHAY KUMAR**

* STUDENT AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY, DEHRADUN, INDIA

BEST CITATION – KHUSHI GOYAL & DR. AKSHAY KUMAR, MEDICAL BANKRUPTCY AND RIGHT TO HELP A CONSTITUTIONAL FAILURE ANALYZING HOW OUT OF POCKET EXPENSES VIOLATE FUNDAMENTAL RIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 820-826, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Medical bankruptcy is a growing issue in India where millions of people face financial hardship annually because of high out-of-pocket medical expenses. Lack of funding for public healthcare and inadequate regulatory oversight put people at risk of catastrophic medical costs despite constitutional protections under Article 21 (Right to Life and Health) and Article 14 (Right to Equality). These precedents uphold the fundamental right to healthcare. This study highlights the urgent need for universal healthcare financing stricter price controls and increased insurance coverage to prevent health-induced poverty. It does this by referencing government reports Supreme Court decisions and international case studies. The study concludes that Indias failure to protect its citizens from the financial ruin caused by medical expenses is incompatible with its constitutional ideals and demands immediate legislative and policy changes. To guarantee justice equality and dignity for all citizens healthcare financing must be done according to a rights-based framework.

Keywords: Medical bankruptcy, fundamental right, right to health, healthcare.

CONCEPTUAL FRAMEWORK OF MEDIATION  

AUTHOR – VARUN SINGH* & MS.SHAILJA KHOSLA**

* STUDENT AT AMITY LAW SCHOOL,NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL,NOIDA

BEST CITATION – VARUN SINGH & MS.SHAILJA KHOSLA, CONCEPTUAL FRAMEWORK OF MEDIATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 811-819, APIS – 3920 – 0001 & ISSN – 2583-2344

This chapter explores the conceptual foundation of mediation, offering a detailed understanding of its definition, types, processes, and underlying principles. Mediation is increasingly recognized as an effective method for resolving disputes in a variety of legal contexts, including family law, commercial disputes, and civil matters. The chapter begins by defining mediation and contrasts it with other forms of dispute resolution, followed by an analysis of the core principles, types of mediation, and the mediation process itself. The theoretical frameworks that support mediation practices are also examined, providing a comprehensive conceptual structure for understanding its role in the context of divorce proceedings in India. 

GROUNDS AND PROCEDURES – INDUSTRIAL APPLICABILITY OF ROLE OF BANKING SECTOR IN THE GROWTH OF SMALL AND MEDIUM ENTERPRISES: A COMPARATIVE STUDY

AUTHOR-  SIYA SHARMA* & DR. MEENU GUPTA**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH. EMAIL – SIYA.SHARMA6@S.AMITY.EDU

.** PROFESSOR OF LAW, AMITY LAW SCHOOL, NOIDA. EMAIL – MGUPTA1@AMITY.EDU

BEST CITATION – SIYA SHARMA & DR. MEENU GUPTA, GROUNDS AND PROCEDURES – INDUSTRIAL APPLICABILITY OF ROLE OF BANKING SECTOR IN THE GROWTH OF SMALL AND MEDIUM ENTERPRISES: A COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 796-810, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

This research paper examines the grounds and procedures underlying the industrial applicability of banking sector initiatives in fostering Small and Medium Enterprise (SME) growth across different economic contexts. Through comparative analysis of banking practices, regulatory frameworks, and financing mechanisms in selected developed and emerging economies, the study identifies key industrial grounds that determine banking effectiveness in the SME sector. The findings reveal significant variations in procedural approaches to SME financing, with regulatory environments, institutional arrangements, and technological adoption emerging as critical determinants of successful industrial application. The paper concludes with actionable recommendations for optimizing banking procedures to enhance industrial SME growth while accommodating contextual differences across economic environments.

Keywords: Banking sector, SMEs, industrial financing, procedural frameworks, comparative analysis, economic development

FEMA’S ROLE IN INDIA’S CHANGING FDI POLCY LANDSCAPE

AUTHOR – VIDIT SANTOSH MISHRA, LLM SCHOLAR (CORPORATE BANKING AND INSURANCE LAW) ATAMITY LAW SCHOOL, NOIDA

BEST CITATION – VIDIT SANTOSH MISHRA, FEMA’S ROLE IN INDIA’S CHANGING FDI POLCY LANDSCAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 787-795, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

India’s journey toward economic liberalization brought about a significant transformation in the way foreign investments and foreign exchange were regulated. Replacing the rigid and restrictive Foreign Exchange Regulation Act (FERA), 1973, the enactment of the Foreign Exchange Management Act (FEMA), 1999 marked a progressive shift towards a more open and business-friendly environment. This paper explores the legal transition from FERA to FEMA and examines how FEMA has shaped India’s Foreign Direct Investment (FDI) landscape. By focusing on the regulatory flexibility introduced by FEMA—such as streamlined procedures, improved transparency, and investor-friendly mechanisms—the study highlights its influence on India’s investment climate. Additionally, it delves into structural reforms including the RBI’s regulatory role and sector-specific liberalization efforts. The research identifies areas where FEMA’s regulatory framework could be enhanced to address existing uncertainties and better support India’s long-term investment goals. Ultimately, this study offers legal insights that can contribute to making India a more dependable and competitive destination for global investors.

Keywords

Foreign Exchange Management Act (FEMA), Foreign Exchange Regulation Act(FERA), Foreign Direct Investment(FDI), Economic Liberalization, Regulatory Reform, RBI, Investment Law, Ease of Doing Business, Non-Debt Rules, Policy Framework, Legal Modernization.

IN THE CHANGING WORLD OF INTELLECTUAL PROPERTY RIGHTS: PATENTABILITY AND MARKET EXCLUSIVITY FOR ORPHAN DRUGS

AUTHOR – AKRITI SHUKLA, LLM SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – AKRITI SHUKLA, IN THE CHANGING WORLD OF INTELLECTUAL PROPERTY RIGHTS: PATENTABILITY AND MARKET EXCLUSIVITY FOR ORPHAN DRUGS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 776-786, APIS – 3920 – 0001 & ISSN – 2583-2344

Legislative Measures and Their Impact

4.1. The Orphan Drug Act of 1983:-

The Orphan Drug Act (ODA) of 1983 is a major piece of legislation in the United States that was enacted expressly to address the lack of incentives for discovering therapies for rare diseases. These uncommon diseases, sometimes known as “orphan diseases,” afflict a small percentage of the population—usually less than 200,000 persons in the United States at any given time. Prior to the ODA, pharmaceutical firms had little financial incentive to invest in research and development (R&D) for such tiny patient groups, owing to the high expenses and poor economic returns. The ODA attempted to address these issues by offering a variety of financial and regulatory incentives to support the development of orphan medications.

ROLE OF COMPETITION COMMISSION OF INDIA’S ROLE IN COMBATING CARTELIZATION: CHALLENGES AND EFFICACY

AUTHOR – PRASHANT KUMAR CHAUDHARY, LLM SCHOLAR (CORPORATE BANKING & INSURANCE LAW) AT AMITY LAW SCHOOL , NOIDA

BEST CITATION – PRASHANT KUMAR CHAUDHARY, ROLE OF COMPETITION COMMISSION OF INDIA’S ROLE IN COMBATING CARTELIZATION: CHALLENGES AND EFFICACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 771-775, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Cartelization, often referred to as the most egregious form of anti-competitive conduct, undermines market efficiency, restricts consumer choice, and inflates prices. In India, the Competition Commission of India (CCI), established under the Competition Act, 2002, serves as the primary regulatory body to detect, investigate, and penalise cartel behaviour. This research critically examines the role of the CCI in combating cartelization by analysing its statutory framework, enforcement mechanisms, notable case decisions, and coordination with other regulatory bodies. It further evaluates the effectiveness of tools such as the leniency programme, dawn raids, and economic analysis in unearthing covert cartel activities. The study also explores significant institutional, procedural, and evidentiary challenges that impede robust enforcement. Through comparative insights from jurisdictions such as the United States, European Union, and Australia, the paper identifies best practices and formulates recommendations to enhance the CCI’s deterrent and investigative capabilities. The analysis concludes that while the CCI has made notable strides in cartel enforcement, persistent challenges demand comprehensive reforms for sustained effectiveness in safeguarding market competition in India.

Keywords: Competition Commission of India (CCI), Cartelization, Anti-competitive practices, Competition Act 2002, Leniency Programme, Dawn raids, Market regulation, Cartel enforcement, Judicial interpretation, Comparative competition law, Collusion detection, Antitrust law, Price fixing, Regulatory challenges, Indian competition regime

PSYCHOLOGICAL IMPACT OF SEXUAL ABUSE ON CHILD VICTIMS – A CRITICAL ANALYSIS

AUTHOR – MR. GAURAV KUMAR* & MS. PRACHI PRIYA**

* ASSISTANT PROFESSOR, SCHOOL OF LAW, IILM UNIVERSITY, GREATER NOIDA. EMAIL – GAURAV.KUMAR@IILM.EDU

** LL.M. STUDENT AT IILM UNIVERSITY, GREATER NOIDA. EMAIL – PRACHIPRIYASINGH40@GMAIL.COM

BEST CITATION – MR. GAURAV KUMAR & MS. PRACHI PRIYA, PSYCHOLOGICAL IMPACT OF SEXUAL ABUSE ON CHILD VICTIMS – A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 763-770, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The aftermath of sexual molestation results in physical, emotional and mental affliction on a child. This article aims to focus on the mental trauma undergone by children who are victims of sexual abuse. The dynamic research in this field suggests that there are long-term harmful consequences of childhood sexual abuse on an individual’s emotional well-being and overall psychic health. It is a growing evil in the society, which represents a ‘harrowing abuse of power’, trust, and authority with far-reaching imputation for the victims. In depth research revealed the percentage in which 66.0% children were ‘mentally disturbed’ due to sexual abuse, 5.2% of children were mildly emotionally ‘disturbed’, and only 24.0% of the victims remained mentally stable after facing the sexual abuse. The harsh result is the scar on the mind, the fear of the abuser and also the overall trauma disrupts the growth and overall well-being of a child.

The adverse effect of these heinous crimes is examined with regard to the general impact on the early-life traumatic experiences, as a trigger of particular infective mechanisms, to gain understanding of the long-term implications on the victim’s psychology. The impacts on the victims “psychological well-being”, including short-term consequences, i.e., isolation, low self-esteem, extreme fear, stress, anxiety, and “post-traumatic stress disorder”. Long-term effects enclose disrupted intimate relationships, social and emotional health issues, and more. The lack of a definitive number of implications, highlight the need to discuss and raise awareness about child sexual abuse which is important for parents, guardians, and concerned authorities to effectively counteract these heinous crimes against children and creating a safe environment for them to live securely^[1].

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[1] Website: indianpsychiatricsociety.org

GROWING UP ONLINE: SAFEGUARDING CHILDREN’S RIGHT IN DIGITAL PLAYGROUND

AUTHOR – SUMIT PANDEY, STUDENT AT UNIVERSITY OF DELHI

BEST CITATION – SUMIT PANDEY, GROWING UP ONLINE: SAFEGUARDING CHILDREN’S RIGHT IN DIGITAL PLAYGROUND, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 750-763, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In the digital era , the use of internet for study , recreation and social interaction is growing among children. This connectedness has many advantages but it also create problems that disproportionately harm children owing their fragility and ignorance. Cyberbullying, Online Gaming, Data abuse , AI generated deepfakes and hazardous material pose are several examples which are harmful to children and it requires urgent legal , technical and social remedies.

This article critically analyse the global and Indian child’s rights and safeguard in the digital world and also examines how UNCRC , Information Technology Act 2000, Protection of Children form Sexual Offence 2012 and Digital Personal Data Protection Act 2023 deals with these challenges. This article  also examine the landmark case laws , Policy gaps and current issue like AI and misinformation. Alongwith, from child- centric view, this article discuss the need for balanced strategy & regulations which protects children’s right to access information and express themselves online while preserving their safety , privacy and dignity. A systematic change includes legal protection, ethical digital practices , public awareness and education.

Keywords: Children, Privacy, child’s safety, Artificial intelligence,

MARINE INSURANCE POLICIES IN INDIA: LEGAL FRAMEWORK, RISK ALLOCATION, AND PRACTICAL CHALLENGES UNDER THE MARINE INSURANCE ACT, 1963

AUTHOR – HARSHITA TIWARI, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – HARSHITA TIWARI, MARINE INSURANCE POLICIES IN INDIA: LEGAL FRAMEWORK, RISK ALLOCATION, AND PRACTICAL CHALLENGES UNDER THE MARINE INSURANCE ACT, 1963, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 744-749, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Marine insurance serves as a critical tool in international trade, offering protection against the multifaceted risks involved in maritime ventures. Given the unpredictable nature of the sea and related logistics, marine insurance policies are uniquely tailored through mutual agreements between the insurer and the insured. This research explores the essential components, classifications, and legal frameworks governing marine insurance policies under the Marine Insurance Act, 1963. It also delves into the concept of insurable value and the legal principles surrounding the assignment of marine policies. By systematically analysing statutory provisions and industry practices, this paper aims to enhance understanding of the structure and practical applications of marine insurance in the Indian legal context.