Category: Volume 5 and Issue 6 of 2025

DIGITAL CURRENCY: A CASE STUDY WITH A PARTICULAR EMPHASIS ON INDIA

AUTHOR – ANJALI YADAV, STUDENT, DEPARTMENT OF LAW^, AMITY UNIVERSITY MUMBAI (LAW SCHOOL), MAHARASHTRA, INDIA

BEST CITATION – ANJALI YADAV, DIGITAL CURRENCY: A CASE STUDY WITH A PARTICULAR EMPHASIS ON INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 348-358, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Any currency that is primarily handled, kept, and traded via digital devices—such as computers, smartphones, etc.—is referred to as digital currency. Digital currency, which includes virtual money and crypto currency, is a form of money that solely exists digitally and lacks a physical form. The digital Currency, commonly referred to as digital money or cyber cash, can be used to buy products and services, but it can also be limited to specific online communities like social networks or gaming. With particular reference to the current state of digital currency in India, we shall examine the true significance of digital currencies in the modern world in this essay. The current research has been exploratory and informal. and empirical in character, and the information required for the study project has been gathered through the use of both direct and indirect methods.

Keywords: Digital currency, CBDC, RBI wallet, banknote method. 

CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE

AUTHOR – VIJAY BAJPAI* & MS. PRIYANKA GUPTA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR, AMITY UNIVERSITY, NOIDA

BEST CITATION – VIJAY BAJPAI & MS. PRIYANKA GUPTA, CHALLENGES IN CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL DAMAGE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 332-347, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. Introduction

Corporate liability for environmental degradation has evolved into one of the most pressing issues in legal, economic, and social terms at the present time. Fast unescapable and highly serious in the long run are the unfolding practical consequences of environmental degradation, mostly through corporate activities, on ecosystems, biodiversity, and human health. Although there has been improvement in developing the legal frameworks and regulations for the redress of environmental harm, there is still significant inertia in corporate accountability in creating or worsening any environmental degradation incidents. This gaping hole in legal accountability keeps up the cycle of corporate irresponsibility and environmental damage with public suffering.^[1]

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[1] “Philippe Sands, Principles of International Environmental Law 202 (Cambridge University Press, Cambridge, 3rd edn., 2018).”

ANALYSIS OF FOOD SAFETY AND STANDARDS ACT, 2006 WITH RESPECT TO RIGHT TO HEALTH

AUTHOR – MINI RAMCHIARY, STUDENT, LLM (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – MINI RAMCHIARY, ANALYSIS OF FOOD SAFETY AND STANDARDS ACT, 2006 WITH RESPECT TO RIGHT TO HEALTH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 319-331, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian constitution included the right to health as one of the fundamental rights and guiding principles of state policy, making it an unalienable right to be guaranteed. A comprehensive law known as the Food Safety and Standards Act (FSSA) was created to guarantee the quality and safety of food items in India. To safeguard the public’s health, the Act contains several regulations that control the production, distribution, storage, and sale of food products. However, incidences of food contamination have been documented despite India’s stringent food safety rules and regulations. Regarding such an increase in the number of violations of right to health, the link between right to health and the existing legal framework will be analysed in this dissertation. India is a signatory to the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which recognizes the right to health as a fundamental human right. A fundamental prerequisite for maintaining good health is having access to safe and nourishing food, which is part of the right to health. By guaranteeing the safety and quality of food products, the FSSA seeks to advance and defend the right to health. Under the Act, the Food Safety and Standards Authority of India (FSSAI) was created with the responsibility of creating standards for food products, controlling their manufacture, distribution, storage, and sale, and ensuring that the regulations are followed. To sum up, the legal provisions meant for ensuring safe and quality food items, which are crucial for preserving good health (right to food), will be analysed in the context of India. 

 Key Words: Right to health, quality food, right to food

JURISDICTION OF CONSUMER COURTS IN INDIA: DISCOURSE IN REFERENCE TO THE CONSUMER (PROTECTION) ACT 2019

AUTHOR – VAIBHAV KARTIKEYA AGRAWAL, ADVOCATE & GRADUATED FROM HIDAYATULLAH NATIONAL LAW UNIVERSITY

BEST CITATION – VAIBHAV KARTIKEYA AGRAWAL, JURISDICTION OF CONSUMER COURTS IN INDIA: DISCOURSE IN REFERENCE TO THE CONSUMER (PROTECTION) ACT 2019, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 308-318, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The consumer protection laws have been enacted to provide immediate and inexpensive relief to the consumers and regulate the law and order in business transactions from shopkeeper to consumer. These laws are primarily not concerned with commercial deficits or profits instead are destined to redress the grievances of common man. This paper endeavours to explore the contours of jurisdiction of the Consumer forums. The paper states the circumstances in which a welfare function of the State Government could be challenged before a consumer forum. It also explores the circumstances which entitles a businessman to take recourse to the consumer forums for redressal. The paper is doctrinal and will definitely add to the jurisprudence of Law.

KEYWORDS: Consumer; Jurisdiction; Commercial; Self-employed;

PROCEDURE OF ARREST UNDER BNSS

AUTHOR – PRINCE YASHWANT RAMESH, STUDENT AT GAUTAM BUDDHA UNIVERSITY

BEST CITATION – PRINCE YASHWANT RAMESH, PROCEDURE OF ARREST UNDER BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 301-307, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian parliament replaced the colonial-era code of Criminal Procedure,1973, with the Bharatiya Nagrik Suraksha Sanhita,2023 (BNSS), which constitutes a major revamp of the nation’s criminal procedure law. The BNSS is critically examined in this essay, along with its main goals, laws, and possible effects on India’s criminal justice system. It explores the justification for the legislative modification, emphasizing the changes in emphasis on victim-centric strategies, technology integration, and procedural efficiency. The study also assesses the possible difficulties and arguments related to the BNSS implementation critically, including issues with the proper ratio of the state authority to the individual freedom’s readiness of the legal and law enforcement systems, and possible effects on the accused’s rights. By examining the salient features and potential implications of this landmark legislation, this research aims to provide a comprehensive understanding of its significance in shaping the future of criminal justice in India.  

Keywords: Bharatiya Nagrik Suraksha Sanhita(BNSS), Criminal Procedure Code, Criminal Justice Reform, India, Technology in Law, Victim Rights, Procedural Efficiency, Rule of Law, Human Rights.

SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA

AUTHOR – ISHIKA HOODA, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ISHIKA HOODA, SECTOR- SPECIFIC ANALYSIS OF PATENT PROTECTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 289-300, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper presents a comprehensive sector-specific analysis of India’s patent protection framework, focusing on two critical sectors: pharmaceuticals and agricultural biotechnology. India’s unique approach to patent protection represents a deliberate balancing act between fostering innovation and ensuring public access to essential goods.

In the pharmaceutical sector, the evolution from the process-patent system established by the 1970 Patents Act to the post-TRIPS product patent regime implemented in 2005 transformed India’s position in the global pharmaceutical landscape.

The paper examines distinctive features of India’s pharmaceutical patent system, including Section 3(d)’s anti-evergreening provision, compulsory licensing mechanisms, and the dual opposition system, analyzing landmark cases such as Novartis v. Union of India, Bayer v. Natco, and Roche v. Cipla. The impacts on various stakeholders—multinational pharmaceutical companies, domestic generic manufacturers, and patients—are evaluated, revealing how India’s pharmaceutical sector has adapted to international obligations while maintaining access to medicines.

In the agricultural biotechnology sector, the paper traces the development of a multi-layered protection framework comprising the amended Patents Act, the Protection of Plant Varieties and Farmers’ Rights Act (PPVFR), and the Biological Diversity Act. This integrated approach restricts patentability for plants and essentially biological processes while creating alternative protection mechanisms for plant varieties that preserve farmers’ rights. The paper analyzes the patentability criteria for genetically modified organisms, genes, DNA sequences, and biotechnological processes, examining judicial interpretations in cases like Monsanto v. Nuziveedu Seeds. The research identifies persistent tensions between innovation incentives and access concerns, particularly regarding seed sovereignty and the relationship between private rights and public research. The paper concludes by examining emerging challenges from new breeding technologies and international harmonization pressures, offering policy recommendations to strengthen India’s sector-specific patent protection framework while maintaining its distinct development priorities.

CYBERCRIME IN VIRTUAL REALITY: CHALLENGES AND OPPORTUNITIES FOR INDIAN LAW ENFORCEMENT

AUTHOR – ISHA JOHNSON* & SUGANYA JEBA SAROJINI**

* LAW STUDENT (FINAL YEAR) BA.LLB SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS, PUNE

** ASSISTANT PROFESSOR, CHRIST (DEEMED TO BE UNIVERSITY) LAVASA CAMPUS, PUNE.

BEST CITATION – ISHA JOHNSON & SUGANYA JEBA SAROJINI, CYBERCRIME IN VIRTUAL REALITY: CHALLENGES AND OPPORTUNITIES FOR INDIAN LAW ENFORCEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 281-288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Virtual reality (VR) has transformed online interaction, establishing interactive communication, entertainment, education, and business spaces. This has created avenues for cybercrime, such as identity theft, financial crimes, online stalking, and data collection without consent. India’s cyber laws, such as the Information Technology Act, 2000 and the Indian Penal Code, are ill-equipped to respond to these challenges. Law enforcement authorities are confronted with special challenges in detecting, investigating, and prosecuting crimes that occur in VR spaces because of the jurisdictional complexity of VR platforms and the challenge of obtaining digital evidence.

Virtual reality (VR) is yielding new cyber attacks, such as fraud, harassment, and cybercrime. Financial security, ethical issues, and reputational damage are threatened by these risks. The psychological effects of VR harassment and fake abuse are complicating legal intervention. The government and policymakers must reimagine cyber legislation, incorporate AI-powered security software, and introduce strong compliance policies among VR creators. Policymakers must increase digital content forensic capabilities, impose identity authentication, and enhance global cooperation to counter cross-border cybercrime. Public education campaigns, corporate accountability mechanisms, and ethical design principles must be prioritised to prevent abuse and guarantee digital security.

This Paper discusses India’s legislative limitations towards combating VR cybercrime, proposes modifications, and delves into AI-based moderation, forensic software, and identification authentication. Solutions include VR-oriented cyber law, enhancing forensic expertise, and coordinating development activity with VR developers.

Keywords – VR, Cybercrime, law, Challenges, India.

THE TOOTHLESS TIGER OF ANTI-CORRUPTION: A CRITICAL ANALYSIS OF THE CENTRAL VIGILANCE COMMISSION’S LIMITATIONS AND POTENTIAL

AUTHOR – TRINATH BHATTACHARJEE & PORTIA ROY

STUDENTS AT AMITY LAW SCHOOL

BEST CITATION – TRINATH BHATTACHARJEE & PORTIA ROY, THE TOOTHLESS TIGER OF ANTI-CORRUPTION: A CRITICAL ANALYSIS OF THE CENTRAL VIGILANCE COMMISSION’S LIMITATIONS AND POTENTIAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 271-279, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Corruption undermines governance, economic development, and public trust, posing significant challenges to India’s democratic institutions. Among the mechanisms to combat corruption, the Central Vigilance Commission (CVC) plays a pivotal role as a statutory body established to oversee vigilance activities within the central government. Despite its critical mandate, the CVC has often been criticized as a “toothless tiger,” limited by its advisory role, lack of investigative powers, and dependence on other agencies like the Central Bureau of Investigation (CBI) for enforcement. This paper critically examines the CVC’s role within India’s anti-corruption framework, focusing on its legal foundations, operational limitations, and the challenges it faces in addressing systemic corruption effectively.

The analysis highlights the Commission’s constrained autonomy, political influence in its functioning, and overlapping jurisdictions with other anti-corruption bodies as key issues that hinder its efficiency. Using case studies and legal precedents, the paper evaluates the structural reforms necessary to strengthen the CVC’s capabilities. Recommendations include granting the CVC independent investigative powers, enhancing inter-agency coordination, and ensuring greater transparency in its operations. By addressing these limitations, the CVC can evolve into a more potent institution capable of meeting the rising expectations of accountability and integrity in governance.

A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA

AUTHOR – NIKITA SHARMA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY MAHARASTRA

BEST CITATION – NIKITA SHARMA, A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ITS ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHER IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 256-270, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper looks at how the Maternity Benefit Act, 1961 has evolved over time and what kind of difference it has made for working women in India. When it was first introduced, the main goal was to protect women’s rights during pregnancy and after childbirth, ensuring they wouldn’t have to choose between having a child and keeping their job. It was one of the earliest efforts by the Indian government to support women in the workplace, shaped by both local needs and global labour standards.

One of the biggest turning points for the Act came in 2017, when it was amended to provide stronger protections. The most notable change was increasing paid maternity leave from 12 weeks to 26 weeks. Additionally, larger companies were required to set up crèche (childcare) facilities, and work-from-home options were introduced in certain cases. The amendment also ensured maternity benefits for adoptive and commissioning mothers. While these improvements were widely seen as progressive, they did create challenges—especially for smaller businesses that had to manage the additional financial burden¹.

This paper doesn’t just look at the history of the Act and how its provisions have changed, but also evaluates how effective it has been in practice. It explores whether women actually receive the benefits promised under the law and examines how companies implement these provisions. Another key focus is whether the Act has helped retain women in the workforce and encouraged more women to enter formal employment. While the Act is a positive step on paper, challenges still exist, particularly in private-sector jobs and unorganized industries where enforcement is weak.

The research draws on legal texts, court cases, government reports, and expert opinions to provide a balanced view of where the Maternity Benefit Act stands today—its successes, its shortcomings, and areas that need improvement. Overall, while the Act and its 2017 amendment are important milestones for workplace gender equality, there’s still work to be done to ensure that every woman, regardless of where she works, gets the support she needs during maternity.

KEYWORDS: Maternity Benefit Act,1961, Maternity Benefit (Amendment) Act, 2017, Working Mothers, Women in the Workforce, Maternity Leave Policy, Labour Legislation in India, Workplace Gender Equality, Employee Rights, Work Life Balance

ANALYZING THE DEVELOPMENT OF MWPSC ACT AND THE 2019 AMENDMENT BILL

AUTHOR – SARTHAK MALAWLIYA, STUDENT, LLM (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA

BEST CITATION – SARTHAK MALAWLIYA, ANALYZING THE DEVELOPMENT OF MWPSC ACT AND THE 2019 AMENDMENT BILL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 248-255, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The welfare of senior citizens is deeply ingrained in Indian social and constitutional consciousness, reflecting traditional ethos and evolving legal frameworks. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 institutionalizes care and respect for elders, converting moral responsibilities into enforceable rights. Unlike conventional social welfare schemes, this Act imposes a legal obligation on children and heirs to maintain their parents and elderly relatives, providing monetary support and protection from neglect, abuse, and dispossession. It also mandates the state to provide infrastructure and institutional care, including old age homes and medical facilities, distributing responsibility between the family and the government. The MWPSC Act establishes a streamlined framework through Maintenance Tribunals to expedite claims of senior citizens, simplifying the process and allowing suo motu cognizance and applications by third parties. However, the decentralization has led to discrepancies in implementation and legal interpretation, as seen in controversial state-specific eviction remedies. To address these gaps, the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, was introduced to strengthen and expand the Act. The Bill proposes defining adoptive and stepchildren as “children” and expanding “maintenance” and “welfare” to include emotional, physical, and mental well-being. It also proposes faster timelines for disposal of maintenance applications, especially for those above 80 years of age. The Amendment emphasizes institutional care, including accredited senior citizens’ care homes and multi-service day-care centers, meeting minimum infrastructural and service standards. It aims to institutionalize police protection for senior citizens by mandating officer designations in every police station and creating dedicated elder welfare units. This paper examines the MWPSC Act’s foundational justifications, constitutional underpinnings, and practical challenges, while evaluating the 2019 Amendment Bill’s implications.

Keywords : MWPSC Act, Maintenance, Parents And Senior Citizen, Eviction, Welfare