LIJDLR

Volume III Issue II

INCLUSION OF MOTHERHOOD: REASSESSING MATERNITY BENEFIT REGIME IN INDIA AND DUTY OF THE STATE

Volume III Issue II /

INCLUSION OF MOTHERHOOD: REASSESSING MATERNITY BENEFIT REGIME IN INDIA AND DUTY OF THE STATE Ritika, LLM, Amity Institute of Advanced Legal Studies, Amity University Noida Adv. Nitin Rawat, B.B.A LL.B, Law College Dehradun, MBA, Lovely Professional University, Punjab Download Manuscript doi.org/10.70183/lijdlr.2025.v03.51 This research critically examines the progressive framework of maternity benefit legislation in India, within a broader social, legal, and developmental context. While the experience of motherhood is inherently personal and biological, it carries substantial legal, economic, and social ramifications, particularly as an increasing number of women participate in the labor market across both formal and informal sectors. The research delineates the historical trajectory of labor rights for women, spanning from pre-constitutional milestones to post-independence reforms that are grounded in constitutional tenets such as equality, dignity, and social justice. The paper further highlights international standards, including those established by the International Labor Organization (ILO) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), highlighting maternity protection as an essential element of gender-responsive social security. It investigates the multifaceted nature of maternity protection, encompassing maternity leave, healthcare, workplace safety, childcare assistance, and monetary benefits, and emphasizes the imperative for inclusive policies that acknowledge both productive and reproductive labor. Particular emphasis is placed on the Maternity Benefit Act and amendments made, as well as centrally sponsored initiatives like the Pradhan Mantri Matru Vandana Yojana (PMMVY), Janani Suraksha Yojana (JSY), and regional programs which seek to provide income security and enhance maternal health. The paper critiques the enduring challenges in implementation and advocates for a universal, inclusive, and enforceable maternity protection framework. One of the most important components of gender-sensitive social protection is maternity protection, which is essential in advancing workplace gender equality through laws and policies. Both national laws and international labor standards have gradually increased maternity protection in recognition of the connection between women’s employment and economic growth. Its two primary goals are to protect the health of expectant mothers and their unborn children and to provide women and their families with financial stability throughout pregnancy.

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GLOBAL PERSPECTIVES ON ALTRUISTIC SURROGACY: ANALYSING THE PROHIBITION IN SELECTED COUNTRIES AND RECOMMENDATIONS FOR LEGALIZATION

Volume III Issue II /

GLOBAL PERSPECTIVES ON ALTRUISTIC SURROGACY: ANALYSING THE PROHIBITION IN SELECTED COUNTRIES AND RECOMMENDATIONS FOR LEGALIZATION Bhuvan Raj A, BBA LLB, 3rd year student at Christ Academy Institute of Law. Simran P Kanchagar, BBA LLB, 3rd year student at Christ Academy Institute of Law. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.50 The study employs a comparative legal analysis, examining surrogacy laws across various jurisdictions, including India, Iceland, Australia, and certain European countries. It also integrates policy analysis and ethical evaluation to assess the impact of bans on altruistic surrogacy. The research likely utilizes qualitative methods, drawing on legal texts, ethical arguments, and case studies to explore the motivations behind these prohibitions. The laws regarding surrogacy vary considerably worldwide, with areas such as India allowing for altruistic surrogacy but banning commercial surrogacy, and countries like Germany, Sweden, Italy, Spain, Norway, and France forbidding both types. This article investigates the ban on altruistic surrogacy in certain jurisdictions, as well as the reasons behind its prohibition, advocating for pushback against such laws in favour of altruistic surrogacy as a necessary ethical alternative to unregulated commercial practices. Despite the significant negative public health consequences[1] Of such policies, altruistic surrogacy is subject to blanket bans, even though evidence suggests that prohibitive policies.[2] Not only fail to reduce the demand for altruistic surrogacy, but they also exacerbate the issues they seek to address by fuelling cross-border reproductive tourism and ethical risks. The article argues that banning altruistic surrogacy does not eliminate demand but instead drives intended parents toward unregulated international surrogacy, leading to ethical and public health risks. It challenges such prohibitions, advocating for altruistic surrogacy as a regulated and ethical alternative to commercial surrogacy. The study highlights how fears of commodification, exploitation, and moral concerns shape restrictive policies while failing to address the realities of surrogacy demand.  

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WHITE-COLLAR CRIME AND SENTENCING DISPARITIES: A LEGAL AND SOCIAL ANALYSIS

Volume III Issue II /

WHITE-COLLAR CRIME AND SENTENCING DISPARITIES: A LEGAL AND SOCIAL ANALYSIS Parth Sarthi Rao, BBA LLB/ 4th Year/ 8th Semester Student at Christ (deemed to be University), Bangalore. Riddhi Gupta, BBA LLB/ 4th Year/ 8th Semester Student at Christ (deemed to be University), Bangalore. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.49 This research paper aims to critically analyse the disparity in legal outcomes and public perception between white-collar crimes and street crimes, with a specific focus on the implications of socioeconomic factors, access to legal resources, and judicial discretion in the enforcement of justice. In order to investigate the systemic leniency extended towards white-collar criminals in contrast to the harsher penalties imposed on street-level offenders, a doctrinal approach has been adopted, relying extensively on secondary sources such as court judgments, sentencing reports, and scholarly commentary. Through this method, the author examines how the perception of white-collar crime as non-violent, coupled with the offenders’ social status and access to high-quality legal counsel, results in more favourable sentencing outcomes within the criminal justice system.  The research further explores how mechanisms such as plea bargaining and judicial discretion often deepen sentencing disparities, reinforcing existing socioeconomic bias and institutional inequality. Relying on comparative case analysis including the Satyam scandal, the Enron collapse, and Bernie Madoff’s Ponzi scheme—the paper underscores how corporate crime often escapes proportionate legal consequences despite the immense societal harm it causes.  The author argues that the existing legal framework not only erodes public trust in justice but also fails to uphold the principle of equal accountability. Consequently, this paper advocates for stricter sentencing guidelines, a reevaluation of prosecutorial discretion, and increased public awareness to ensure equitable enforcement of law across all socioeconomic strata.

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THE GIG ECONOMY AND COMPETITION LAW: A FRAMEWORK FOR CURBING PLATFORM-BASED MARKET ABUSE

Volume III Issue II /

THE GIG ECONOMY AND COMPETITION LAW: A FRAMEWORK FOR CURBING PLATFORM-BASED MARKET ABUSE Mohan Kumar N, LLM Student, Amity Law School, Amity University, Bengaluru. Jyotirmoy Banerjee, Assistant Professor, Amity Law School, Amity University, Bengaluru. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.48 The proliferation of digital platforms has revolutionized labor markets through the gig economy model. This paper examines the intersection of India’s competition law framework with platform-based labor markets. It analyzes how dominant platforms exercise substantial market power in ways that may constitute abuse. The Indian Competition Act, 2002, and the proposed Digital Competition Law have yet to fully address platform-specific challenges. These platforms frequently exhibit winner-takes-all dynamics through network effects and data aggregation advantages. Worker misclassification further compounds competitive distortions by enabling cost advantages through regulatory arbitrage. This research explores how algorithmic management systems create information asymmetries that disadvantage both workers and consumers. It proposes a specialized regulatory framework addressing the unique characteristics of platform markets. The paper advocates a two-pronged approach: adapting competition law doctrines to platform contexts and developing platform-specific regulations. Additionally, it examines worker classification reforms to eliminate unfair competitive advantages. Drawing comparisons with international approaches like the EU Digital Markets Act, this study contributes to the developing jurisprudence on platform regulation in India. Policy recommendations focus on enhancing algorithmic transparency, establishing gatekeeper criteria, and improving regulatory oversight to curb anticompetitive practices in India’s rapidly evolving digital ecosystem.

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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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