Category: Volume 5 and Issue 8 of 2025

A LEGAL ANALYSIS OF SURROGACY: A COMPARATIVE STUDY UNDER INTERNATIONAL AND INDIAN LAW

AUTHORS – VARSHA D. VYAS*, DR. MANDEEP KAUR** & DR. ARSHIPAL KAUR***

* RESEARCH SCHOLAR AT LOVELY PROFESSIONAL UNIVERSITY, SCHOOL OF LAW

** ASSOCIATE PROFESSOR AT LOVELY PROFESSIONAL UNIVERSITY, SCHOOL OF LAW

*** ASSISTANT PROFESSOR AT DEPARTMENT OF LAWS, GURU NANAK DEV UNIVERSITY

BEST CITATION – VARSHA D. VYAS, DR. MANDEEP KAUR & DR. ARSHIPAL KAUR, A LEGAL ANALYSIS OF SURROGACY: A COMPARATIVE STUDY UNDER INTERNATIONAL AND INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1145-1148, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Surrogacy, as a form of assisted reproductive technology (ART), has raised profound ethical, social, and legal debates across the world. While it provides a path to parenthood for individuals and couples unable to conceive, it also presents challenges regarding the rights and responsibilities of the intended parents, the surrogate mother, and the child. This paper provides a legal analysis of surrogacy with a comparative lens, examining the framework in India alongside major international jurisdictions such as the United Kingdom, the United States, and Australia. It evaluates the evolution of surrogacy regulation, the balance between reproductive autonomy and exploitation concerns, and the need for harmonized global standards. The study concludes with recommendations for ethical and legally sound policy reforms that protect all stakeholders while ensuring the dignity of motherhood and the best interests of the child.

Keywords – Surrogacy; Assisted Reproductive Technology (ART); Surrogacy (Regulation) Act, 2021; Comparative Law; Reproductive Rights; Altruistic Surrogacy; Commercial Surrogacy; Ethical Issues; Parental Rights; Human Rights; International Law; India; United Kingdom; United States; Australia

THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM

AUTHOR – DEEKSHA JHA, LLM SCHOLAR AT UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – DEEKSHA JHA, THE ADR WAVE IN INDIA WITH SPECIAL EMPHASIS ON THE MEDIATION ACT, 2023 – GROWTH TOWARDS AN EFFICIENT LEGAL SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 923-991, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Indian legal system has long been burdened with a backlog of cases, necessitating the adoption of alternative dispute resolution (ADR) mechanisms to facilitate quicker and more cost-effective justice delivery. Over the years, ADR has evolved significantly, with arbitration, conciliation, mediation, and Lok Adalats playing a crucial role in reducing litigation pressure. Among these mechanisms, mediation has emerged as a preferred mode of dispute resolution, leading to the enactment of the Mediation Act, 2023, a landmark legislation aimed at institutionalizing and strengthening mediation in India.

Enacted on 14th September 2023, the Mediation Act is expected to enhance India’s position as an ADR-friendly jurisdiction globally by providing a robust legal framework for mediation. While mediation has traditionally been an informal dispute resolution mechanism since the inception of Gram Panchayats, where community mediators played a role in resolving conflicts, this legislation marks a significant step forward in the institutionalization of mediation. Unlike earlier legal provisions that merely included mediation as a subset of ADR, the Mediation Act, 2023, elevates it to an independent and parallel status alongside the Arbitration and Conciliation Act, 1996, thus reinforcing its importance in the Indian legal landscape.

This dissertation provides a comprehensive analysis of the ADR wave in India, with a special emphasis on the Mediation Act, 2023. It traces the historical evolution of ADR, examines the legislative framework, and evaluates the effectiveness of mediation in reducing judicial pendency. The research also highlights key landmark judgments, including Salem Advocate Bar Association v. Union of India (2005)^[1] and Vidya Drolia v. Durga Trading Corporation (2020)^[2], that have shaped ADR jurisprudence in India.

A critical assessment of the Mediation Act, 2023, is undertaken, focusing on its salient features, such as mandatory pre-litigation mediation, online mediation, and community mediation. A unique feature of this act is the provision for urgent interim relief under special circumstances by a tribunal or court, ensuring that parties are not left without immediate recourse when required. Additionally, while mediated settlement agreements hold legal enforceability, they are open to challenge on grounds of fraud, coercion, impersonation, or non-compliance with Section 6 of the Act.

Furthermore, a comparative analysis of India’s ADR framework with international models—such as Singapore’s Mediation Act, 2017, and the United States’ court-annexed mediation system—offers insights into best practices that could enhance India’s mediation landscape. The dissertation concludes with policy recommendations, emphasizing the need for greater awareness, mediator training programs, technological integration (Online Dispute Resolution), and institutional reforms to establish mediation as a primary mode of dispute resolution.

By evaluating the potential of the Mediation Act, 2023, this research underscores the growing significance of ADR in achieving an efficient, accessible, and time-sensitive legal system in India. The findings aim to contribute to ongoing discussions on legal reforms and dispute resolution mechanisms, advocating for a robust mediation culture that aligns with global best practices.

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[1] Salem Advocate Bar Assn. V. Union Of India, (2005) 6 SCC 344

[2] Vidya Drolia V. Durga Trading Corporation (2021) 2 SCC 1

WHO PROTECTS THE UNPROTECTED INTERNATIONAL AND INDIA’S DE FACTO LEGAL AND POLITICAL FRAMEWORKS OF REFUGEES THROUGH THE LENS OF HUMAN RIGHTS

AUTHOR – AMIN DHWANI, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY, SILVASSA

BEST CITATION – AMIN DHWANI, WHO PROTECTS THE UNPROTECTED INTERNATIONAL AND INDIA’S DE FACTO LEGAL AND POLITICAL FRAMEWORKS OF REFUGEES THROUGH THE LENS OF HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 919-922, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

“No one puts their children in a boat unless the water is safer than the land.”

The world has been the witness of massive disruption for multiple times. Whenever we scrutinize the tensed events, wars and agonizing incidents of our history, we only see the one side of coin which conveys the winners and losers of the circumstance. But another side of coin shows the loss of humanity, homicide. No one wins or lose the war but war wins over the humanity. To acquire the humanism in modern era one body have set the milestone, UDHR (united declaration of human rights) the declaration ensures the human rights, the rights which are inalienable from humans. Humans have right to life and when this right gets infringe the human flee for the protection, called refugees. The air of animosity among the nations can’t take away the rights of humans and this is what the International convention of 1951 ensures, 1^st International refugee convention. India was “non-signatory” to the convention, despite of not being the member of convention India performs significant legal and political role in the matter of Refugees. This article explores the intersection of international refugee law, human rights frameworks, and India’s de facto approach to refugee protection.

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

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

BEST CITATION – NIKITA SHARMA, A COMPREHENSIVE STUDY OF THE MATERNITY BENEFIT ACT, 1961: ORIGIN, AMENDMENTS, AND IMPACT ON WORKING MOTHERS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 49-61, 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. 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 practiceWhile 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

CRM AND CUSTOMER RETENTION IN SUBSCRIPTION-BASED MODELS

AUTHOR – SHIKHA BHARTI, AMITY SCHOOL OF BUSINESS, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – SHIKHA BHARTI, CRM AND CUSTOMER RETENTION IN SUBSCRIPTION-BASED MODELS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 25-48, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Subscription-based business models have emerged as a disruptive force in today’s corporate landscape, changing paradigms for revenue generation and customer contact strategies. This paper examines the multifaceted phenomenon of subscription-based business models, examining how they have emerged in many industries and their impact on income predictability and client retention that is revolutionary. Through a careful examination of customer behaviour, technology enablers, benefits beyond ownership, loyalty-building strategies, and revenue metrics, this study uncovers the mechanisms underlying the success of subscription models. Using mini-case studies from a variety of industries, the study focusses on strategies that increase customer loyalty, reduce attrition, and give businesses a consistent flow of revenue. The paper also discusses the difficulties in maintaining subscriber engagement and adds to a comprehensive understanding of subscription-based models’ capability to establish long-lasting client connections and guarantee income stability across a range of sectors by connecting theoretical ideas with practical facts.

NAVIGATING TURBULENCE: UNLOCKING SUCCESS AMID CHANGE MANAGEMENT HURDLES FOR INDIAN START-UPS

AUTHOR – RAGHAV AGGARWAL, STUDENT AT AMITY SCHOOL OF BUSINESS, AMITY UNIVERSITY, UTTAR PRADESH

BEST CITATION – RAGHAV AGGARWAL, NAVIGATING TURBULENCE: UNLOCKING SUCCESS AMID CHANGE MANAGEMENT HURDLES FOR INDIAN START-UPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 01-24, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Startup India is the name of a significant government initiative in India that supports innovation and fosters entrepreneurship. In its drive to boost entrepreneurship, economic growth, and employment across India, the government plans to assist new firms. India’s startup ecosystem has drawn interest from around the world. Recently, the business world has witnessed an explosion of innovative startups providing widespread answers to real problems since hundreds of young entrepreneurs chose this path rather than joining multinational corporations and government programs.

The article discusses some of the issues and challenges that an Indian startup must face as well as the possibilities that the country may provide in the present economic environment.

IMPACT OF THE NATIONAL SECURITY ACT ON FREEDOM OF SPEECH AND EXPRESSION

AUTHOR – JIGYASA, ADVOCATE AND INDIVIDUAL AUTHOR

BEST CITATION – JIGYASA, IMPACT OF THE NATIONAL SECURITY ACT ON FREEDOM OF SPEECH AND EXPRESSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1120-1127, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The National Security Act (NSA), 1980, was enacted to safeguard India’s national security and public order through preventive detention. However, its broad provisions and discretionary powers have raised concerns about its impact on fundamental rights, particularly the freedom of speech. This article analyzes the malicious application of the NSA in contemporary democracies, focusing on the management of dissent, censorship of the media, and suppression of government critics. As a result, the cases of the journalist Kishore Chandra Wang Khem, Dr. Kafeel Khan, and more recently, Siddique Kappan, all showcase the misuse of the Law towards the people who challenge the ‘status quo’ or get a hold of certain deep-cover stories. The judicial responses, though, have granted some reprieve to the parties and have been thwarted by the statute regarding the restrictions on judicial review- the statute’s tools.

When compared with international standards, it becomes clear that there is an urgent need for change since certain countries like the United Kingdom and Canada have imposed measures on freedom of expression but still manage to deal with national security issues effectively, expression guaranteed under Article 19(1)(a) of the Indian Constitution. The article presents some practical changes to the National Security Act, including an unambiguous interpretation of terms like ‘national security threat’, enhanced processes of monitoring the judiciary’s actions, assurance of respect for human rights, and openness in administration. The experts’ proposals aim to achieve an equilibrium between fundamental human rights and the assertion of national security, so as not to misuse the NSA to violate the rights of individuals guaranteed by the constitution of the land. The article finally states that “democracy depends on the preservation of the right to free speech, which allows the existence of an environment where different voices can be heard without fearing any retaliation from the government”.

KEYWORDS: Fundamental rights, Preventive detention, judicial review, statute, discretionary power.

IMPACT OF RISING SEA LEVELS ON GLOBAL MIGRATION & REFUGEE CRISES

AUTHOR – ADV. TUSHAR MISHRA, B.A LL.B (HONS.), LL.M.( MARITIME LAW ), RASHTRIYA RAKSHA UNIVERSITY, GANDHINAGAR GUJARAT

BEST CITATION – ADV. TUSHAR MISHRA, IMPACT OF RISING SEA LEVELS ON GLOBAL MIGRATION & REFUGEE CRISES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1137-1144, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The rise in sea levels caused by climate change is changing the world’s landscape and stimulating migration patterns. The relationship between sea-level rise and the increase in climate-induced migration, especially focusing on how an entire community is displaced into migration and refugee statuses. With increased sea levels, however, many nations face immense difficulties in taking on the double burdens of internally displaced persons and cross-border migrants without sufficient resources or policies to support climate change migration.

Currently, international refugee law does not provide any special protection to “climate refugees,” although regional and national laws have been set up as interim measures, which are limited in both scope and strength. The rising sea levels will make the low-lying coasts, small islands of the Pacific like Kiribati and Tuvalu, and certain parts of Bangladesh the areas that will face a very dangerous threat, and people will have to move either internally or across borders. These migrations of people against their will raise very important questions about national and international policies, human rights, and the need for new legal frameworks because the existing refugee and human rights laws are not suitable to meet the climate refugees.

KEYWORDS: Climate change, Sea-level rise, Climate-induced migration, Refugee crises, Coastal communities, Environmental statelessness.

ARTIFICIAL INTELLIGENCE IN POLICING

AUTHOR – JIGYASA, LL.M STUDENT AT RASHTRIYA RAKSHA UNIVERSITY, GUJARAT

BEST CITATION – JIGYASA, ARTIFICIAL INTELLIGENCE IN POLICING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1128-1136, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The role of artificial intelligence in law enforcement is undeniable, especially with the introduction of predictive policing, facial recognition technology, automated license plate recognition systems, and natural language processing systems, all of which are intended to prevent crime, ensure public safety, and quicken response. However, some obvious challenges arise when these tools are introduced within the context of law enforcement, particularly issues related to ethical practices, social equity, and privacy in the case of algorithmic accountability. Discriminative designs in law enforcement perpetuate biases and opposing stereotypes within specific groups. Also, surveillance technologies and strategies, whose rationales are usually not very clear, are arguably an invasion of privacy because a lot, if not most, of the decision-making processes are done in a so-called ‘black box’ mode.

The success and the ethical challenges are drawn from the case studies of cities such as Los Angeles and London, while the latter compares with the use of AI technology and surveillance in policing in China and how the two countries differ in ideology and practice with respect to AI and surveillance.

To enhance the use of artificial intelligence in the administration of law, there is a need for a very thin line to be drawn between technological advancement and ethical issues. Face-saving marriage between regulators, builders of AI, or any technology and police is possible and helps in the development of civil liberties protective measures while still ensuring that AI is beneficial to the social order in an acceptable manner. This paper supports an ethical responsibility that recognises the importance of transparency, public trust, equality, and mechanisms of accountability in the use of artificial intelligence in policing to improve security in society without infringing on individual rights.

KEYWORDS: Artificial intelligence, policing, privacy, law enforcement.