LIJDLR

Volume III Issue II

POWER IMBALANCES AND FAIRNESS IN STANDARD FORM CONTRACTS: A CRITICAL ANALYSIS OF PROFESSIONAL SPORTS AGREEMENTS

Volume III Issue II /

POWER IMBALANCES AND FAIRNESS IN STANDARD FORM CONTRACTS: A CRITICAL ANALYSIS OF PROFESSIONAL SPORTS AGREEMENTS Rajeeb Kumar, LLM Student at Gujarat National Law University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.47 This research paper critically examines standard form contracts in professional sports, analyzing their structural inequities and impact on athlete rights. The study reveals how these standardized agreements create power imbalances that systematically disadvantage athletes, particularly rookies, women, and those in developing markets. Through legal analysis and comparative case studies, the paper identifies three key issues: restrictive compensation structures limiting earning potential, gender disparities in contract terms, and invasive clauses governing personal data and conduct. The research compares contractual systems across North America, Europe, and emerging markets, highlighting varying approaches to athlete protections. The analysis explores landmark legal cases that have reshaped contract norms and examines emerging challenges from digital technologies and globalization. Findings demonstrate critical gaps in current frameworks, particularly regarding data privacy, mobility restrictions, and pandemic-related contingencies. The study proposes practical reforms, including modular contract designs, enhanced collective bargaining, and regulatory safeguards to balance efficiency with fairness. Concluding with a forward-looking model, the research emphasizes transparent negotiations, equitable risk distribution, and career sustainability.

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CRITICAL ANALYSIS ON THE GLOBAL PERSPECTIVES OF CORPORATE DOMINANCE AND TAKEOVER CODES: INSIGHTS FROM INDIA, USA & UK

Volume III Issue II /

CRITICAL ANALYSIS ON THE GLOBAL PERSPECTIVES OF CORPORATE DOMINANCE AND TAKEOVER CODES: INSIGHTS FROM INDIA, USA & UK Swetha Sureshkumar, BBA LLB (H), Amity University Dubai Download Manuscript doi.org/10.70183/lijdlr.2025.v03.46 The paper aims to conduct a comprehensive doctrinal legal analysis of takeover codes, examining both Indian and global perspectives. Takeover regulations play a crucial role in corporate governance and market dynamics, impacting stakeholders ranging from investors to the company’s management etc. This paper reviews many instruments of governance and how they safeguard shareholder interests. The SEBI (SAST) Regulations of 2011 and the Companies Act of 2013 are the main governing regulations for corporate takeovers in India. The City Code on Takeovers and Mergers governs it in the UK. Takeovers are subject to state and federal regulations in the US, pertaining to corporation law and securities and antitrust laws, respectively. Financial institutions adopted corporate policies and reformed the Indian business sector. Over the past twenty years, corporate takeovers have started to gather popularity in India as well.

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UNVEILING THE DARK WEB: AN EXPLORATORY STUDY OF AI-ASSISTED CYBERCRIME INVESTIGATIONS IN INDIA’S HIDDEN INTERNET

Volume III Issue II /

UNVEILING THE DARK WEB: AN EXPLORATORY STUDY OF AI-ASSISTED CYBERCRIME INVESTIGATIONS IN INDIA’S HIDDEN INTERNET Shamik Lodh, LLM (Criminal Law) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.45 The rise of cybercrime in India, driven by growing indications of digitization and technological advancement, presents formidable challenges to individuals, businesses, and national security. This report brings together existing literature on the landscape for cybercrime in India and the extending role of artificial intelligence (AI) to build investigative capacity. Traditional enforcement practices face challenges to manage the breadth and sophistication of cybercrime; AI provides a set of tools for threat detection, data analysis, digital forensics, and suspect identification. However, the move toward AI to address cybercrime in India faces legal and regulatory considerations, technical and organizational challenges and ethical considerations. This report reviews the existing legal framework for existing and anticipated cybercrime and AI laws in India, examines the technical and organizational challenges to the implementation of AI in investigations, and introduces several case studies to indicate potential and limitations of AI. The review leads to the conclusion that whilst AI indicates significant opportunity in assisting/increasing investigations of cybercrime in India, it requires a related legal and regulatory framework, careful investments in technical capability and education and a consideration of ethical implications to ensure safe and just cyberspace.

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MARITAL RAPE: AN INJUSTICE TO MARRIED WOMEN

Volume III Issue II /

MARITAL RAPE: AN INJUSTICE TO MARRIED WOMEN Ratna Priya, Student of LLM (CRIMINAL LAW), Amity Law School, Amity University, Lucknow Download Manuscript doi.org/10.70183/lijdlr.2025.v03.44 Spousal or marital rape is the term for non-consensual sex in which the victim’s spouse is the one who commits the crime. A woman’s permission is viewed as meaningless when marital rape occurs because it diminishes her dignity and turns her into property that is only utilized for a man’s comfort and pleasure. In India, marital rape is legal even though it occurs frequently. This study examines the historical, social, and cultural causes of marital rape in addition to defining the issue. History of legal development related to marital rape in India and its status globally.  Along with analyzing important cases, publications, and statutes, this study also discusses the legal, social, and cultural challenges, the legislative and judicial perspectives on this matter, and the numerous amendments that have been made. In addition to providing ways to address the problem and defend victims’ rights, this paper examines the body of existing literature, research studies, publications, and the judicial system. Any forced sexual contact without consent must be considered rape, and marital rape must be criminalized.

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THE CONUNDRUM OF PATENT WAIVERS ON COVID-19 VACCINES: A CRITICAL ANALYSIS OF SOUTH AFRICA, INDIA, AND WTO’S POSITION

Volume III Issue II /

THE CONUNDRUM OF PATENT WAIVERS ON COVID-19 VACCINES: A CRITICAL ANALYSIS OF SOUTH AFRICA, INDIA, AND WTO’S POSITION Shruti Sinha, Pursuing LL. M in Constitutional Law from Gujarat National Law University (GNLU) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.43 The COVID-19 pandemic underscored the critical need for universal vaccine access, bringing renewed attention to the contentious issue of patent waivers for COVID-19 vaccines. This paper offers a comprehensive and balanced examination of the debate surrounding vaccine patent waivers, with particular focus on the positions of South Africa, India, and the World Trade Organization (WTO). It begins by tracing the evolution of pharmaceutical patent rights and their influence on vaccine accessibility. The analysis then delves into the motivations behind the waiver proposals by South Africa and India, highlighting the socio-economic and public health factors that drive their advocacy. The discussion further explores the WTO’s role in mediating this debate, illustrating the complex dynamics between international trade regulations and global health emergencies. By integrating legal, economic, and public health perspectives, the paper provides a nuanced understanding of the potential implications of patent waivers on vaccine equity, innovation, and future pandemic preparedness. It seeks to illuminate how temporary suspension of intellectual property protections may affect the global distribution of vaccines, balancing the need for innovation with the imperative of equitable access. Ultimately, this research contributes to the broader discourse on the intersection of intellectual property, global trade, and public health in crisis contexts, offering insights for policymakers, scholars, and stakeholders navigating the challenges of ensuring global health security in an interconnected world.

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DECODING COLLUSION: ANALYZING CARTEL PRACTICES AND THEIR IMPLICATIONS IN COMPETITION LAW

Volume III Issue II /

DECODING COLLUSION: ANALYZING CARTEL PRACTICES AND THEIR IMPLICATIONS IN COMPETITION LAW Harmanpreet Kaur, BA.LL.B, ASIAN LAW COLLEGE, Noida-125 Mohd. Mehndi, BA.LL.B, ASIAN LAW COLLEGE, Noida-125 Download Manuscript doi.org/10.70183/lijdlr.2025.v03.42 The loopholes of the Monopolies and Restrictive Trade Practices Act, 1970, such as its outdated focus on curbing firm size rather than promoting competitive conduct, its limited enforcement capacity, absence of key definitions, and inability to address modern anti-competitive practices, led to the creation of the Competition Act 2002. This legal research paper will investigate the implications of collusive practices within the Competition Act, 2002 framework.  Competition Law of India finds its jurisprudential and Constitutional basis in Articles 38 and 39 under Part IV (Directive Principles of State Policy) of the Constitution of India. At the outset, the Indian competition law was enacted in 1969 and christened the MRTP Act. Collusion, which is the agreement between competitors to manipulate prices or restrict output, poses significant challenges to market efficiency and consumer welfare. The role of the Competition Commission of India is imperative, as well as the landmark judgements regarding cartels and collusion practices, such as Union of India v. Hindustan Development Corporation and others [1] had a great significance in shaping new guidelines and regulations. Furthermore, the paper explores potential strategies for preventing collusion, including enhancing transparency, fostering competitive incentives, and imposing strict penalties for violators.  

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AI: A NEW TERROR UNLEASHED

Volume III Issue II /

AI: A NEW TERROR UNLEASHED Bhoomi Jain, Student at Vivekananda Institute of Professional Studies, affiliated with Guru Gobind Singh Indraprastha University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.41 Artificial Intelligence is the study and development of computer systems that can copy intelligent human behavior.[1] With the new intelligent machines that enables a high level cognitive process accompanied with the data subscription, AI has presented an opportunity to supplement the human lives and make it easy for them to live their lives more luxuriously. But the increased use of AI has been supplemented by the potential risks associated with it, such as deep fake videos, dark web, online bots to negatively influence the opinion of the public etc. The rapid growth of AI is not only transforming various sectors but is also bringing new legal challenges, especially in the globe of cyber laws and traditional notions of mens rea and vicarious liability.  Thus, this paper critically investigates paradoxical impact of AI on Indian cyber jurisprudence. The study analyses various legal frameworks along with judicial precedents and a comparative analyses of recent case studies. The paper begins by inspecting the inadequacy of the present statutory frameworks to subject liability in AI driven offences. The paper also gives a comparative analyses of EU, USA and China and India’s AI governance. Later, it also enlists some guidelines as to how can the nation adopt strict liability structure for AI operators and also enumerates certain advantages of AI if used in justice delivery system.  

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THE LEGAL STATUS OF MARITAL RAPE IN INDIA: AN EXAMINATION OF EVOLVING JURISPRUDENCE

Volume III Issue II /

THE LEGAL STATUS OF MARITAL RAPE IN INDIA: AN EXAMINATION OF EVOLVING JURISPRUDENCE Vaishnavi Singh, 10th semester Student of BA.LLB(H) at Amity Law School, Amity University, Lucknow, India. Adarsh Singh, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.40 The exception under Section 375 of the Indian Penal Code, 1860, which exempts a husband from being prosecuted for rape committed against his wife, remains one of the most archaic and controversial immunities in Indian criminal law. This paper investigates the legal status of marital rape in India through the lens of constitutional principles, judicial reasoning, and comparative legal frameworks. It explores the intersection of privacy, dignity, and bodily autonomy within marriage and evaluates the inconsistency of the exception with Article 14 and Article 21 of the Constitution of India. The study analyses evolving jurisprudence in India, including pending petitions before the Delhi High Court and the constitutional challenges mounted by civil society and survivors. The research juxtaposes Indian laws with international standards under the “Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)”, to which India is a signatory, and with legal reforms in countries like the UK, Canada, and South Africa where marital rape has been criminalized. Judicial reluctance to read down Exception 2 is critiqued, and the discourse around spousal immunity is deconstructed using feminist legal theory and the doctrine of substantive equality. The paper argues that criminalization of marital rape is not only a legal necessity but also a moral and constitutional imperative. This work also examines the role of the judiciary in fostering transformative constitutionalism, and how public interest litigations have shaped the conversation. It proposes concrete legal reforms through statutory amendments and judicial interventions that align with evolving societal values, gender justice, and constitutional morality. The analysis rests on a wide array of case laws, Law Commission Reports, parliamentary debates, and comparative foreign precedents, highlighting the urgent need for reform in India’s approach to sexual autonomy within marriage.

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A CRITICAL STUDY OF INDIA’S RESERVATION POLICY WITH SPECIAL EMPHASIS ON THE CREAMY LAYER PRINCIPLE

Volume III Issue II /

A CRITICAL STUDY OF INDIA’S RESERVATION POLICY WITH SPECIAL EMPHASIS ON THE CREAMY LAYER PRINCIPLE Shreya Tiwari, 10th semester Student of BA.LLB(H) at Amity Law School, Amity University, Lucknow, India. Dr. Parishkar Shresth, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.39 This research paper examines India’s constitutional policy of reservations with a special focus on the creamy layer principle. It analyses the doctrinal evolution of the principle from Indra Sawhney v. Union of India and traces how the judiciary used it to exclude the socially and economically advanced among backward classes. The study identifies that while the doctrine aims to balance equity and merit, its application has remained inconsistent. The absence of statutory codification and lack of centralised data undermine its effectiveness. The exclusion relies heavily on income and occupational thresholds, failing to account for social capital, inherited privilege, and intersectional disadvantages. The research also evaluates key judgments including Jarnail Singh, which extended creamy layer exclusion to SC/STs in promotions, and Janhit Abhiyan, where EWS reservation bypassed the doctrine altogether. The study critiques the lack of uniform policy across states and the inefficiencies in periodic revision of income limits. Comparisons with affirmative action models in the US, South Africa, Brazil, and Malaysia highlight India’s unique position in adopting intra-group exclusion as a legal filter. The paper argues that unless legislative reforms are undertaken, the creamy layer principle risks becoming a bureaucratic rule without meaningful constitutional impact. It recommends a data-driven, socially sensitive, and uniformly applicable model. A revised creamy layer framework must include non-economic indicators, gender justice elements, and sunset clauses to ensure equitable circulation of benefits. The study concludes that effective implementation of the creamy layer rule can restore public trust and make affirmative action truly inclusive.

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