Category: Volume 6 and Issue 5 of 2026

MATERNITY RIGHTS IN THE GIG ECONOMY: A SOCIO-LEGAL STUDY OF PLATFORM WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020

AUTHOR – SNIJA D, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SNIJA D, MATERNITY RIGHTS IN THE GIG ECONOMY: A SOCIO-LEGAL STUDY OF PLATFORM WORKERS UNDER THE CODE ON SOCIAL SECURITY, 2020, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 943-953, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid proliferation of the gig economy in India has fundamentally restructured the contours of labour relations, giving rise to a novel category of workers who defy classification within traditional employer–employee binaries. Women engaged as platform workers — spanning delivery executives, cab aggregator drivers, domestic service providers, and freelance digital professionals — occupy a particularly precarious position at the intersection of informal labour and digital capitalism. This paper undertakes a socio-legal examination of the maternity rights available to such workers under the Code on Social Security, 2020, which for the first time in Indian legislative history formally acknowledges the existence of gig and platform workers as a distinct category. Notwithstanding this recognition, the Code stops short of extending the full panoply of maternity protections, raising pressing questions of constitutional equity, reproductive justice, and social security architecture. Through a doctrinal analysis of the Code alongside the Maternity Benefit Act, 1961, the Constitution of India, and international instruments such as ILO Convention No. 183, this paper identifies critical lacunae in the current legal regime, interrogates their socio-economic underpinnings, and proposes a rights-based framework for comprehensive maternity protection for platform workers in India.

Keywords: Gig Economy, Platform Workers, Maternity Rights, Code on Social Security 2020, Maternity Benefit Act, Informal Labour, Reproductive Justice, Social Security.

EVOLVING DIMENSIONS OF COPYRIGHT PROTECTION FOR CINEMATOGRAPHY: A COMPARATIVE LEGAL STUDY OF INDIA AND INTERNATIONAL NORMS

AUTHOR – SHREYA SAXENA, LLM STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY (AUUP) NOIDA UTTAR PRADESH

BEST CITATION – SHREYA SAXENA, EVOLVING DIMENSIONS OF COPYRIGHT PROTECTION FOR CINEMATOGRAPHY: A COMPARATIVE LEGAL STUDY OF INDIA AND INTERNATIONAL NORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 925-942, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I599

ABSTRACT

This paper undertakes a comparative legal analysis of copyright protection for cinematographic works in India alongside established international norms, particularly focusing on the challenges presented by digital technologies and artificial intelligence. It critically examines how emerging issues like generative AI necessitate a re-evaluation of existing copyright frameworks to maintain a balance between safeguarding creators’ rights and fostering innovation^[1]. Specifically, this study will delve into the complexities arising from generative AI’s capacity to produce novel outputs from copyrighted material, thereby implicating the integrity of copyright protection and the evolving contours of personality rights^[2]. This analysis will also explore the potential for non-expressive use of copyrighted works in machine learning, considering whether such applications fall outside traditional copyright subject matter entirely in the Indian legal context. The paper will assess how various jurisdictions are currently navigating the intricate intersection of generative AI, copyright, and personality rights, examining recent legal developments and judicial interpretations. Furthermore, this research will investigate the unique architectural elements within Indian Copyright Law that might offer distinct perspectives on issues such as reproduction and adaptation rights in the context of AI-generated content^[3]. Such an examination is crucial given the global implications of AI-generated content, which can transcend national borders instantaneously, leading to diverse legal consequences across different jurisdictions. This comparative study endeavors to identify best practices and potential pathways for harmonization between India’s copyright regime and international standards in addressing these technologically induced legal complexities.

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[1] Redefining Copyright in the Era of Artificial Intelligence: An Ethical and Legal Perspectives from India and the United States of America

[2] Copyright and Personality Rights: A Comparative Legal Perspective.

[3] Agrawal A & Jain SS, Indian Copyright Law and Generative AI

A STUDY ON CAPITAL GAIN TAX EXCEMPTION IN COURT APPROVED AMALGAMATION UNDER SECTION 47 OF THE INCOME TAX ACT 1961

AUTHOR – SAMPRITASAI A.R, STUDENT AT SCHOOL OF LAW. VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES PALLAVARAM, CHENNAI – 600 117.

BEST CITATION – SAMPRITASAI A.R,, A STUDY ON CAPITAL GAIN TAX EXCEMPTION IN COURT APPROVED AMALGAMATION UNDER SECTION 47 OF THE INCOME TAX ACT 1961, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 918-924, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I598

Introduction

Corporate amalgamation is a pivotal strategy for firms seeking to strengthen their market presence, achieve operational efficiencies, and unlock financial synergies. In India, such mergers and restructurings are governed by a complex interplay of corporate and tax laws designed to balance business growth with stakeholder protection. The Companies Act, 2013, along with the Income Tax Act, 1961, provide the legal and fiscal framework that regulates amalgamations, requiring judicial oversight primarily through the National Company Law Tribunal (NCLT).

This framework aims to uphold principles of transparency, fairness, and tax neutrality while facilitating efficient corporate reorganization. However, practical challenges such as procedural delays, conflicting stakeholder interests, and diverse judicial interpretations continue to influence the landscape. This article explores the legal architecture and tax implications of amalgamations in India, examining legislative provisions, regulatory roles, judicial pronouncements, and existing challenges to offer a comprehensive understanding of this critical aspect of corporate restructuring.

INDIGENOUS APPROACH TO CONSTITUTIONAL INTERPRETATION: AN INTERPRETATIVE MODEL BASED ON THE SHRIMAD BHAGAVAD GITA

AUTHOR – RAJIV KUMAR, ASSISTANT PROFESSOR, SCHOOL OF LAW, IMS UNISON UNIVERSITY, DEHRADUN

BEST CITATION – RAJIV KUMAR, INDIGENOUS APPROACH TO CONSTITUTIONAL INTERPRETATION: AN INTERPRETATIVE MODEL BASED ON THE SHRIMAD BHAGAVAD GITA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 905-917, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I597

Abstract

The Constitutional text in itself is not living law, but the text, along with its interpretation by the courts, covers the changing societal needs and aspirations. The Constitution of India is a unique document that encompasses philosophy, politics, society, and law, requiring an interpretative model distinct from ordinary legal interpretation. There are various methods to interpret the Constitution, such as Textualism, Originalism, Structuralism, Doctrinalism, Pragmatism, and Purposivism. The Indian Supreme Court initially preferred a textualist approach to interpret the constitutional text and later shifted to a structuralist and purposive approach to give expansive meaning and enlarge the scope of various fundamental rights. These approaches are mainly dominated by Western legal philosophy. There is a need to Indianize the interpretative paradigm, and the Bhagavat Gita can be an inspiring instrument in this regard. This paper explores whether principles of Buddhi Yog, Dharma, Karm Yog, and Karm Sanyās Yog in the Bhagavat Gita can be utilised for understanding various constitutional provisions dealing with fundamental rights, fundamental duties and Directive Principles for the State Policy. Drawing parallels between the Gita’s philosophy and various key constitutional concepts like equality, freedom and liberty, this paper presents an Indian philosophical approach to interpret key constitutional principles.

There has been a common concern in the interpretative exercise that which meaning would be appropriate and how to reach a particular conclusion in a case where a word or phrase has multiple meanings. It is also seen that the justices, in the name of interpretation, disregard the constitutional text and employ their morals, political, or social preferences. In that case, the Gita’s key principles can be a fruitful instrument to guide and give meaning to the constitutional provisions and provide a moral and ethical framework of constitutional interpretation resonant with the civilizational ethos of India. This paper doctrinally analyses the key Gita’s principles through textual analysis of selected Gita passages and maps their normative principles to Constitutional interpretation. This Indian philosophical approach promotes a balanced constitutional jurisprudence and harmonises rights and duties, and the role of the judiciary.

KEYWORDS: Constitutional Interpretation; Bhagavat Gita; Supreme Court: Indian Philosophy; Dharma

AN ANALYSIS ON THE LEGAL FRAMEWORK OF FRANCHISE AGREEMENTS: RIGHTS AND OBLIGATIONS

AUTHOR – VEERAPPAN V* & AKSHAYA R**

* STUDENT AT VELS SCHOOL OF LAW

** PROFESSOR AT VELS SCHOOL OF LAW

BEST CITATION – VEERAPPAN V & AKSHAYA R, AN ANALYSIS ON THE LEGAL FRAMEWORK OF FRANCHISE AGREEMENTS: RIGHTS AND OBLIGATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 901-904, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/V6I596

Introduction

One of the best business development strategies is franchising, which enables entrepreneurs to operate under well-known brand names while facilitating quick company growth. A legally binding contract that outlines the responsibilities and rights of the franchisor and the franchisee is called a franchise agreement. Important areas like brand usage, financial obligations, operational needs, and dispute resolution are governed by this agreement. A clear legal framework is necessary to guarantee equity, openness, and the defense of both parties’ interests given the complexity of these contractual agreements. Different jurisdictions have different laws governing franchise agreements; some have laws specifically pertaining to franchises, while others control franchising under general laws pertaining to contracts, intellectual property, and competition. Legal issues frequently come up with relation to disclosure requirements, franchisee safeguards, termination rights, and renewal agreements. Strong legal safeguards are necessary to protect the interests of franchisors and franchisees against conflicts resulting from regulatory discrepancies and power imbalances in franchise agreements. With an emphasis on the rights and responsibilities of both parties, this research piece attempts to examine the legal framework underlying franchise agreements. Important topics like the development of franchise law, the obligations of franchisors and franchisees, regulatory obstacles, and the legal ramifications of termination and renewal will all be covered. The paper aims to offer insights into effective legal practices for creating equitable and enforceable franchise agreements by examining these crucial aspects. Furthermore, suggestions for bolstering franchise regulations and advancing a fair and open franchising environment will be presented.

STREET-LEVEL BUREAUCRACY AND IMPLEMENTATION UNDER THE CODE ON SOCIAL SECURITY, 2020: A DOCTRINAL ANALYSIS OF LOCAL-LEVEL ADMINISTRATIVE INTERFACES

AUTHOR – SUBA SRI. M & THANUSH TRIVIKRAM N
STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SUBA SRI. M & THANUSH TRIVIKRAM N, STREET-LEVEL BUREAUCRACY AND IMPLEMENTATION UNDER THE CODE ON SOCIAL SECURITY, 2020: A DOCTRINAL ANALYSIS OF LOCAL-LEVEL ADMINISTRATIVE INTERFACES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 891-900, APIS – 3920 – 0001 & ISSN – 2583-2344.

The Code on Social Security, 2020 represents a significant step towards consolidating and streamlining India’s fragmented social security framework, particularly with respect to unorganised workers. While the Code introduces an institutional architecture for the registration and delivery of social security benefits, its effective implementation is closely tied to the functioning of local-level administrative authorities. This paper undertakes a doctrinal analysis of the implementation framework under the Code through the lens of Street-Level Bureaucracy, which emphasizes the role of frontline officials in translating statutory mandates into practical outcomes. The study critically examines the statutory provisions, delegated powers, and procedural mechanisms that govern local-level administrative interfaces under the Code. It analyses the extent to which the legal framework defines roles, regulates discretion, and structures interactions between the State and beneficiaries. Particular attention is paid to the design of registration systems, distribution of authority between central and state bodies, and the scope of administrative flexibility embedded within the legislation. By focusing on the internal coherence and operational clarity of the statutory scheme, the paper seeks to identify areas of ambiguity, overlap, and potential gaps within the legal framework. Without engaging in empirical evaluation, the study highlights how the design of legal provisions may influence implementation processes at the local level. The paper ultimately contributes to a deeper understanding of the relationship between legislative drafting and administrative execution in the context of social security governance in India.

KEYWORDS: Unorganised Workers, Street-Level Bureaucracy, Administrative Discretion, Implementation Framework

REFUGEES RIGHTS AND LEGAL STATUS IN INDIA

AUTHOR – SMRITY MISHRA, STUDENT AT SHAMBHUNATH INSTITUTE OF LAW, JHALWA, PRAYAGRAJ

BEST CITATION – SMRITY MISHRA, REFUGEES RIGHTS AND LEGAL STATUS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 884-890, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Refugee protection is a cornerstone of international humanitarian law and human rights principles, encompassing a complex framework of legal norms, treaties, and policies at both the international and national levels. At its core, refugee protection seeks to safeguard the rights and well-being of individuals who have fled their home countries due to persecution, conflict, violence, or other threats to their safety and fundamental freedoms.

UDHR Convention provides that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.”¹

Internationally, the key instrument governing refugee protection is the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. These instruments establish the legal definition of a refugee and outline the rights and obligations of both refugees and the states that host them. According to the Convention, a refugee is someone who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, and is unable or unwilling to return to their country of origin.

The United Nations High Commissioner for Refugees (UNHCR) plays a crucial role in coordinating international efforts to protect and assist refugees, providing support to both refugees and the countries that host them.

The 1951 Refugee Convention and the 1967 Protocol are at the cornerstone of the international legal framework for refugee protection as they establish the main principles on which refugee protection is based – such as the principle of non-refoulement and the principle of Non-discrimination In many cases, refugees face significant challenges and barriers to accessing protection at the national level.²

Despite these challenges, many countries have made efforts to strengthen their asylum systems and enhance refugee protection.

SAFETY MEASURES FOR WOMEN WORKERS IN “DANGEROUS OPERATIONS”

AUTHOR – ISHWARYA, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – ISHWARYA, SAFETY MEASURES FOR WOMEN WORKERS IN “DANGEROUS OPERATIONS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 878-883, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper looks at the special rules in Indian Labour Law that protect women’s rights at work. It explores the main ideas that support these rules and takes a closer look at important laws like the Equal Remuneration Act, the Maternity Benefit Act, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. The paper also talks about how these laws fit into the new Labour Codes and what it takes to make sure they’re used and followed well, especially in places like the informal sector. Plus, it checks how well these legal protections work to help women get equal chances in jobs, comparing them to what other countries do and what India has agreed to. The abstract wraps up by pointing out the ongoing issues and suggesting ways to make the legal system stronger and really get gender equality going in Indian workplaces. Even though India has passed many laws to help women at work, they still face a lot of challenges. A big issue is that women often don’t get paid fairly and face discrimination because of their sex. These problems have been around for years, which is why laws like the Maternity Benefits Act, 1961, and the Equal Remuneration Act, 1976, were created. These laws were made to help achieve the country’s goal of equality and to follow the rules that tell the government to include helpful and protective measures in the laws. This paper looks into the laws that are designed to help women in the workplace.

Keywords: Labour Law, Gender Equality, Employment, Rights of Women

EFFECTIVENESS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013 IN ENSURING SAFE WORK ENVIRONMENTS: A CRITICAL ANALYSIS

AUTHOR – J TEJASWINI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – J TEJASWINI, EFFECTIVENESS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013 IN ENSURING SAFE WORK ENVIRONMENTS: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 864-877, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Sexual harassment at the workplace is not merely a violation of a woman’s dignity—it is a denial of her constitutional right to work in an environment free from fear, humiliation, and exploitation. For decades, Indian women navigated hostile workplaces with no legal remedy beyond the general provisions of criminal law, which proved woefully inadequate for addressing the subtle, pervasive, and institutionally embedded nature of workplace harassment. The Supreme Court’s landmark judgment in Vishaka v. State of Rajasthan (1997) filled this void by laying down binding guidelines, but it took another sixteen years before Parliament enacted comprehensive legislation—the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Act promised a transformative shift: mandatory Internal Complaints Committees in every workplace, Local Complaints Committees for the unorganised sector, time-bound inquiry procedures, and employer accountability backed by penalties. A decade after its enactment, however, the question that demands an honest answer is whether the Act has actually delivered on its promise. Has it made Indian workplaces safer for women, or has it remained, like so much progressive legislation, a paper tiger—impressive in statute books but ineffective in lived reality? This article undertakes a comprehensive examination of the Act’s effectiveness, analysing its provisions, assessing implementation on the ground, identifying structural and practical gaps, examining judicial interpretation, and proposing reforms that could bridge the distance between legislative intention and workplace safety.

Keywords: Sexual Harassment, Workplace Safety, POSH Act 2013, Vishaka Guidelines, Internal Complaints Committee, Women’s Rights, Gender Justice, Implementation Challenges, Employer Accountability

WORKPLACE SURVEILLANCE AND EMPLOYEE PRIVACY: A LABOUR LAW PERSPECTIVE IN INDIA

AUTHOR – S. SRINITHI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – S. SRINITHI, WORKPLACE SURVEILLANCE AND EMPLOYEE PRIVACY: A LABOUR LAW PERSPECTIVE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 849-863, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The relationship between employer and employee has always involved an element of supervision. The manager walking the floor, the timekeeper at the factory gate, the supervisor reviewing completed work. But the digital revolution has transformed supervision into something qualitatively different: pervasive, continuous, algorithmic surveillance that monitors not just what workers do but how they do it, how long they take, where they go, what they say, and sometimes even how they feel. In contemporary Indian workplaces, employees may be tracked through biometric attendance systems, CCTV cameras, GPS devices in company vehicles, keystroke loggers on company computers, email monitoring software, and algorithmic performance management systems that score every interaction and flag every deviation from expected behaviour. The employer’s justification is always productivity, security, or compliance. The employee’s experience is frequently one of anxiety, distrust, and a pervasive sense of being watched. Indian labour law has not kept pace with this surveillance revolution. There is no comprehensive legislation governing workplace surveillance, no clear standard for what employers may and may not monitor, and no effective remedy for employees whose privacy is violated through excessive or abusive monitoring. The right to privacy, declared a fundamental right by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017), has not been translated into specific workplace protections. This article examines the tension between legitimate employer interests in supervision and the employee’s fundamental right to privacy, analyses the existing legal framework and its inadequacies, considers how other jurisdictions have balanced these competing interests, and proposes a framework for workplace surveillance regulation that respects both employer needs and employee dignity.

Keywords: Workplace Surveillance, Employee Privacy, Labour Law, Right to Privacy, Biometric Data, Digital Monitoring, GDPR, Personal Data Protection, Employee Rights