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Research Publications

Explore peer-reviewed legal scholarship, emerging legal research, and interdisciplinary studies from researchers worldwide.

Showing 39 results
Criminal Law/Human Rights • Research Article • Open Access • Peer Reviewed

Implementing The PWDVA, 2005: Human Rights Standards, Systemic Gaps, And Pathways For Reform In India

Vol 2Issue 210.5281/zenodo.21312714Jul 20268 min

Domestic violence is not merely a private family matter — it is a profound and systematic violation of fundamental human rights. In India, despite a robust constitutional framework guaranteeing equality, dignity, and life under Articles 14, 15, 19, and 21, millions of women continue to experience violence within the very spaces that should protect them. The enactment of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was a landmark legislative moment, broadening the definition of domestic violence beyond physical abuse to encompass emotional, economic, and sexual harm. Yet, more than two decades after its enactment, the gap between the law on paper and justice on the ground remains alarmingly wide. This paper examines domestic violence through the lens of human rights law, exploring how international instruments — including CEDAW and the UN Declaration on the Elimination of Violence Against Women — have shaped India's legislative obligations. It traces the judicial evolution of Article 21, evaluates the role of Protection Officers and Magistrate Courts, and argues for a holistic, multi-sectoral response that goes beyond mere legislative existence toward living enforcement

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Public Health • Research Article • Open Access • Peer Reviewed

Clinical Lycanthropy: Can Gregor Samsa Be Real? A Psychological Exploration of Clinical Lycanthropy

Vol 2Issue 210.5281/zenodo.21309268Jul 20268 min

Clinical lycanthropy is an extreme form of a rare psychiatric disorder where the person believes they have transformed or are in the process of transforming into an animal, typically a wolf. This study had two main goals: examine the understanding of clinical lycanthropy in current psychology and psychiatry, and analyze if it is possible to look at Gregor Samsa from The Metamorphosis by Franz Kafka, as a meaningful example of acute psychological distress. This study utilized a quantitative description and primary data was derived from an anonymous 10-participant Google survey. The survey was 5 questions on the participants’ previous knowledge of clinical lycanthropy, their belief on if psychological disorders lead to the delusion of transformation, their ideas of the cause, their willingness to interpret psychological dispositions of fictional characters, and their thoughts on the public awareness and stigma. The data was reported as descriptive statistics and was compared to modern literature and theories. The data showed that there was little previous knowledge of the condition and half of the respondents did not recognize the term, and there was a strong support of psychological reasoning: 70% believed disorders can cause transformation beliefs, 70% accepted the psychological analysis of Gregor Samsa, and 80% believed that increased awareness would decrease stigma. The study found that clinical lycanthropy can be explained using modern psychopathology, and Kafka can be used to explain psychological disintegration, and that the awareness of clinical lycanthropy may decrease the stigma.

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Family Law • Research Article • Open Access • Peer Reviewed

From Kinship To Consumption: Capitalism And The Restructuring Of Family Relationships In Modern Society

Vol 2Issue 210.5281/zenodo.21309387Jul 20268 min

This research examines how family dynamics have changed with the conjunction of consumerism and individualism and how capitalism has contributed to those changes. The methodology for this research is located at the junction of family and consumption sociology. The research does not consider the expression "from kinship to consumption" as a figure of speech. It argues that market logic makes the organization of close relationships of a different nature. In this study, the quantitative descriptive method was used. Primary data were collected using a structured questionnaire created on the Google Forms platform. The questionnaire invited ten participants to respond to statements to measure their attitudes on the family and work tensions, the tension between material and emotional family values, the values of family and the emotional and material values family relationships, the erosion of traditional family values, and the encroachment of work and financial responsibilities on family time. Responses were allocated descriptive statistics—specifically, frequency and percentage—and then compared to respond to the gaps in recent peer-reviewed literature and older, foundational social theory. For the sample, the study found that most participants indicated that the family and social capitalism was seen to be changing. Financial pressure was noted as the most cited change. The study suggests that rather than perceiving the capitalist restructuring of the family as a pervasion of materialism, the restructuring is experienced as the intensification of economic pressures and the contraction of time. The study provides recommendations for policy and family practice and outlines future research. Files

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Cyber Law/Contract Law • Research Article • Open Access • Peer Reviewed

CLICKWRAP AGREEMENTS IN INDIA: THE LEGAL STANCE?

Vol 3Issue 1Jan 20258 min

With Globalization and increased technological advancements, e- contracts have become an essential instrument for all businesses and commercial transactions. This article explores the essence of the legality and validity of e- contracts specifically pertaining to clickwrap agreements. The nature, essentials, legal framework in India, and the stance of the judiciary with respect to enforceability of clickwrap agreements are analyzed in the article. The case- to- case basis approach of the Indian judiciary as compared to the liberal approach of American courts in determining the validity of these agreements and the subsequent implications are examined through various case studies and legal framework of both the nations.

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Cyber Law/Gaming Law • Research Article • Open Access • Peer Reviewed

Gaming Laws in India: An Analysis of Current Trends, Issues and Future Prospects of the Digital Gaming Revolution

Vol 3Issue 110.5281/zenodo.17351538Jan 20258 min

Since the government defines online gaming as those that are made available online and made available to users through digital platforms or intermediaries, playing games online is not illegal in India. The landscape of online gaming has changed dramatically as a result of the increasing use of smartphones, even in isolated rural areas, and the broad availability of internet services. By 2024, the nation's online gaming market is predicted to be worth ₹25.3 billion, according to reports from KPMG India. Due to the industry's explosive growth, a number of foreign businesses have chosen to open offices in India, and numerous others are considering doing the same. India still lacks comprehensive, unified laws to regulate online gaming, despite the industry's explosive growth and potential to significantly boost economic growth. For those involved in the industry, the lack of a regulatory framework breeds uncertainty and difficulties. Traditional forms of play are gradually being replaced by mobile gaming, which has a big impact on how internet users pass their leisure time. The ease of access to gaming platforms and digital distribution channels is a major contributing factor to the growing popularity of online games. A flourishing new industry has emerged as a result of the widespread adoption of online gaming. This industry has grown in popularity recently due to its inventiveness and inventiveness. A growing number of dual- income households, rising interest rates, and rising disposable income all contribute to the gaming market's continued growth as consumer preferences change. In the future, the industry is anticipated to expand further due to the growing usage of gaming consoles and smartphones as well as the wider integration of cloud technology. Examining the legal, social, and economic ramifications of this digital revolution, this paper investigates how gaming laws are changing in India. State- by- state legislative differences, the difficulties presented by real- money gaming and addiction, and the differences between games of skill and games of chance are all included in this critical examination of the current regulatory framework governing online gaming. The study also explores recent attempts to create a central regulatory mechanism, important court rulings, and policy initiatives. The paper addresses the need for a consistent, forward- looking legal framework that promotes growth while guaranteeing consumer protection, data privacy, and ethical standards, highlighting the conflict between innovation, the public interest, and regulatory oversight. In order to successfully traverse the dynamic and intricate landscape of digital gaming in India, it concludes by outlining future prospects and possible policy reforms.

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Cyber Law/Defamation • Research Article • Open Access • Peer Reviewed

DEFAMATION IN A DIGITAL WORLD: THE COMPLEX INTERPLAY OF ANONYMITY AND LEGAL ACCOUNTABILITY

Vol 3Issue 1Jan 20258 min

In this digital age where social media amplifies voices and spreads information at lightning speed, defamation has emerged as a powerful weapon capable of shaping public perceptions and ruining reputations overnight thereby making the concept of defamation more critical. Take, for instance, the dramatic courtroom showdown between Johnny Depp and Amber Heard1 whereby Depp accused Heard of damaging his career with 2018 op- ed in The Washington Post, where she described herself as "public figure representing domestic abuse", not only captivated audiences and showcased the destructive potential of defamatory statements but also ignited a firestorm of discussion surrounding the nuances of celebrity culture and laid bare fragile line between truth and falsehood. As we delve into this intricate world, it is essential to understand that this is not just about celebrities but reverberating across various facets of society. Similarly, Elon Musk's infamous "pedo guy" tweet, which labeled a diver involved in the rescue of Thai soccer team, raises pressing questions about the boundaries of speech and its consequences. On another front, Rahul Gandhi's statement that "Saare Choro Ke Naam Modi Hi Kyu Hai"- "Why is Modi's name associated with all thieves?" incited significant backlash and legal ramifications, illustrating how political discourse can quickly tum into personal attacks. These cases underscore the complicated nature of defamation, where legal standards and personal integrity intersect in increasingly complex ways. Again, the dispute between M. J. Akbar and journalist Priya Ramani1 for her allegations of sexual misconduct in 2021, illuminates how defamation law can become a tool for stifling conversations around sensitive issues. However, these challenges extend beyond the contentious nature of the cases themselves. There is another pressing issue: the challenge of anonymity. Many defamatory statements are made online, often shielded by the cloak of anonymity provided by intermediaries such as social media platforms and internet service providers (ISPs). These lacks of accountability not only complicates the pursuit of justice for victims but also raises questions about the responsibilities of these intermediaries in addressing harmful content. Thus, while these cases shed light on the nature of defamation, we need to take a step further to understand and analyze the urgent need to navigate the challenges posed by anonymity and the role of intermediaries in the digital age. As we delve deeper into this complexity in the digital age, this essay seeks to unravel the dynamics between the challenges posed by anonymity and approach of Indian jurisprudence in dealing with the anonymous users and the role of intermediaries.

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Constitutional Law • Research Article • Open Access • Peer Reviewed

DOCTRINE OF WAIVER: A MEASURE OF PROTECTIONISM OR A RESTRICTION OF CHOICE?

Vol 3Issue 1Jan 20258 min

India is a constitutional country which has always strived to protect its people from injustice and has always strived to safeguard the rights of the citizens. In order to do the same, the constitution provides citizens with fundamental rights which are absolute and inherent. We have always depended on Doctrines and theories to substantiate and further elucidate the principles enshrined in the constitution. One such Doctrine is the Doctrine of Waiver which says that the individual must be allowed to waive his rights for he is the best judge of his wellbeing. This paper discusses how the Indian Courts have dealt with waiver with reference to fundamental rights and discusses the possible arguments put forth against the set precedents while providing contemporary examples such as euthanasia to substantiate their arguments.

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Cyber Law/Data Privacy • Research Article • Open Access • Peer Reviewed

EXPLOITING URGENCY: ANALYSIS PHISHING TACTICS AND USER SUSCEPTIBILITY IN SOCIAL MEDIA STORIES DURING THE COVID-19 PANDEMIC

Vol 3Issue 1Jan 20258 min

Phishing is an online scam where criminals trick users with various strategies, with the goal of obtaining confidential information or other personal resources. The covid 19 pandemic had a dramatic worldwide impact on all sides of our life. The covid 19 pandemic has increased a surge in phishing attacks especially on social media platforms where the ephemeral nature of stories has been exploited to manipulate user behaviour. Many malicious actors utilized time sensitive messaging to manipulate human emotions and prompt hasty actions from users. This study investigates how phishers leverage urgency in social media stories to extract immediate responses from the users, thereby analysing the specific tactics used by them that enhance user susceptibility. This study aims to fill critical gaps in the understanding of phishing dynamics during the pandemic. The findings inform the development of targeted user education programs, digital literacy, security awareness and platform policies designed to mitigate phishing risks, in turn enhancing online safety in an increasingly urgent digital landscape.

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Commercial Law/ADR • Research Article • Open Access • Peer Reviewed

ROLE OF ALTERNATIVE DISPUTE RESOLUTION IN THE ECONOMIC DEVELOPMENT: INSTANCES BETWEEN INDIA & USA

Vol 3Issue 1Jan 20258 min

Indeed, disputes are the part of one's daily life but it is hardly possible to approach courts for each and every dispute. We have some alternative methods of solving the disputes which is commonly known as the Alternative Dispute resolution (ADR). ADR mainly embodies four mechanisms known as arbitration, negotiation, mediation and conciliation. The research article for the most part talks about the mechanisms included in ADR and how it plays a vital role in the economic development of the country. The researchers taking further the research discussed some of the instances of arbitration and negotiation between the largest economies in the world i.e., India and United States of America. The instances that took place between the two countries are in different aspects that are trade, defence, environment and climate. The instances mentioned above between the respective countries have a common goal to achieve economic development. The researchers while concluding their research shows how ADR plays a major role in the economic development of the country.

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Civil Procedure/ADR • Research Article • Open Access • Peer Reviewed

ADR AS A TOOL TO REDUCE JUDICIAL BACKLOG IN INDIA

Vol 3Issue 110.5281/zenodo.17794366Jan 20258 min

The convergence of technological advancement and legal development is shaping a future in which justice becomes more accessible, efficient, and effective. As the backlog of cases in the Indian judiciary continues to grow, many individuals face challenges in accessing justice promptly. Such delays can compromise legal rights and reflect the principle that "justice delayed is justice denied." In response to these issues, Alternative Dispute Resolution (ADR) has emerged as a practical strategy for resolving disputes before they escalate to court. ADR includes various methods such as arbitration, mediation, conciliation, and negotiation, all of which offer parties quicker, cost-effective, and amicable avenues for resolution. This paper evaluates the effectiveness of ADR in reducing the pressure on the formal judicial system. It draws on empirical data, case studies, and insights from different jurisdictions to critically examine the benefits and limitations of ADR practices. The study concludes with well-founded recommendations for reforms, highlighting that, with the right support, ADR can enhance the justice delivery system in India, making it more accessible, effective, and humane.

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Family Law • Research Article • Open Access • Peer Reviewed

N.G. DASTANE V. S. DASTANE: PROMINENCE TO SET PRECEDENT TO USE CRUELTY FOR DIVORCE

Vol 3Issue 1Jan 20258 min

Divorce under Hindu Law since forever and day, has been considered to be obscure and is construed as an insoluble association with respect to a couple. Divorce was recognised under the Hindu Marriage Act, 1955 mainly associating with fault theory. The concept of divorce puts a marriage to the end where the spouses are relieved of their marital obligations and are free to part ways. Section 13 of the HMA lists the grounds of divorce including the fault ground. Cruelty, now a ground of divorce under this, was not recognised before 1976 and was only added by the Amendment Act. Cruelty in laymen terms is the conduct of spouses with respect to their marital duties and obligations and one that is adversely straying from it. In a case of cruelty, it is important to peruse the Court's considerations with regards to what amounts to cruelty, in what cases cruelty can be granted for divorce and judicial separation, what is considered to be an act for condonation of cruelty, or even whether a single act of cruelty amounts to cruelty. These issues are what determines grounds for divorce, which are further elucidated transparently in a Supreme Court judgement Narayan Ganesh Dastane v. Sucheta Narayan Dastane2.

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Cyber Law/Data Privacy • Research Article • Open Access • Peer Reviewed

Global Perspectives on the Right to Be Forgotten: A Comparative Legal Analysis

Vol 3Issue 110.5281/zenodo.15291988Jan 20258 min

The Right to Be Forgotten (RTBF) has emerged as one of the most debated digital rights in contemporary legal discourse. Rooted in the European Union’s data protection framework, particularly the General Data Protection Regulation (GDPR), RTBF embodies the right of individuals to have personal data erased or delisted from public access when it no longer serves a legitimate purpose. This research paper undertakes a comparative analysis of RTBF across multiple jurisdictions, including the European Union, the United States, the United Kingdom (especially post-Brexit), and selected Asian and Latin American nations. The paper highlights the diverse constitutional and legal approaches to balancing privacy with freedom of speech and the right to information. The European Union, through the landmark Google Spain v. AEPD & Costeja González case, has institutionalized RTBF with enforceable procedural safeguards. In contrast, the United States resists RTBF on First Amendment grounds, prioritizing free expression over privacy claims. The UK, following Brexit, maintains a hybrid stance, retaining GDPR principles but slowly redefining them in a national context. Latin American countries like Brazil and Colombia, and Asian jurisdictions like South Korea and Japan, are beginning to localize RTBF within their constitutional and cultural landscapes. This paper argues that India, while progressing in its data protection landscape, lacks a coherent RTBF framework and can benefit significantly from international models. The study concludes by emphasizing the need for India to integrate RTBF in a manner that respects its constitutional values, including freedom of speech and privacy, while also addressing technological and enforcement challenges.

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Criminal Law/Gender Justice • Research Article • Open Access • Peer Reviewed

GENDER INCLUSIVITY IN CRIMINAL LAW: A DIVE INTO CRPC

Vol 3Issue 1Jan 20258 min

India faces a major predicament in tackling the issue of Rape substantively and procedurally. Post the Nirbhaya Rape Case, certain steps by the Legislature were taken to titivate the situation at hand. The purpose of this essay is to highlight the procedural issues under CrPC regarding Section 375, 376 IPC and to further explore the consequences of the same on the victim's mental health. The essay follows the chronological approach of identifying relevant sections, explaining issues in their application, and suggesting modifications to overcome those impediments in order to establish a safer, more conducive environment for victims.

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Criminal Law/Gender Justice • Research Article • Open Access • Peer Reviewed

NEED OF A LAW GOVERNING CONSENT IN MARITAL COPULATION IN INDIA

Vol 3Issue 1Jan 20258 min

This research paper explores the legal and social lacunae in India's handling of marital rape, with a particular emphasis on the lack of express legal acknowledgment of non- consensual sexual intercourse within marriage. It discusses the historical, constitutional, and psychological aspects of the issue and reviews national and international case laws, legislation, and human rights paradigms. The research brings into perspective the effects of marital rape on the physical and psychological well- being of women, and deconstructs the exemption provided to marital rape in Indian law. It advocates for legislative change, social sensitivity building, and institutional assistance to promote consent and gender equality during marriage, making the laws of India consistent with constitutional and international standards.

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Criminal Law/Juvenile Justice • Research Article • Open Access • Peer Reviewed

Peer Influence, Cognitive Development and Crime: A Criminal Psychology Approach to Juvenile Justice

Vol 3Issue 1Jan 20258 min

The juvenile justice architecture demands the shift paradigm of juvenile justice to be founded on the human- rights- based practices of rehabilitation and reintegration1, as in Scandinavian jurisprudence. This paper argues that the juvenile law and policy must be informed by thw established facts about criminal psychology2, and it was fund that the impact of peer pressure3 and absence of cognitive maturity at the adolescence stage conjoin and prove that the dissimilar legal standard of culpability is required. The system failure that can pose a threat of violating the right of the juvenile to develop and escalate recidivism is the the perpetuated use of adult style sanctions or institutional cohorting which facilitates peer contagion4. Keeping in mind the Norwegian model, the proposed legal framework must be based on the principles of the restorative justice and community - based interventions, and must include the psychological assessment of maturity in sentencing cases in order to revolutionize the legal objective of rehabilitation and successful integration of the child into society . Lastly ,it is not only highly recommendable that a psychologically informed , developmental model but a legal/ ethical requirement to achieve the efficacy , oral legitimacy and low- recidivism outcomes that the modern justice reform requires.

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Criminal Law/Human Rights • Research Article • Open Access • Peer Reviewed

PREVENTING CUSTODIAL CRIMES IN INDIA: EVALUATING THE ROLE AND ACCOUNTABILITY OF STATE INSTITUTIONS

Vol 3Issue 1Jan 20258 min

Custodial crimes remain one of the gravest violations of human rights within India’s criminal justice system. Despite the constitutional guarantee of life and liberty, incidents of torture, custodial deaths, and abuse persist, often shielded by institutional bias and lack of accountability. This study examines the functioning of state institutions—including the police, magistracy, judiciary, and investigative agencies such as the CB-CID—in addressing custodial crimes. Drawing from case studies in Muzaffarnagar District, the paper highlights systemic shortcomings, the defensive attitude of police personnel, procedural lapses in investigations, and judicial delays that weaken justice delivery. The research underscores the urgent need for police reforms, scientific investigation methods, human rights training, and independent oversight. Strengthening transparency and adherence to the rule of law is essential to restore public faith and ensure justice within custodial frameworks.

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Private International Law • Research Article • Open Access • Peer Reviewed

PUBLIC POLICY-A LIMITATION TO THE APPLICATION OF FOREIGN LAW IN PRIVATE INTERNATIONAL LAW

Vol 3Issue 1Jan 20258 min

This paper deals with the concept of public policy as a limitation to the application of Foreign law in the Private International Law. Initially I will deal with the concept of foreign law and then after I will do a short focus on the enforcement of foreign laws in context to the Indian laws. In later part I will touch a little bit about all the four exclusion of application of foreign law and those are public policy, Penal laws, Revenue laws and Mandatory rules and then elaborate the concept of public policy exception mainly in context of America that how in many cases the public policy can be easily accessible as exception or in many different cases the concept of public policy is not accepted by thr Honourable Courts in against the enforcement of foreign law. But before going to this aspect, this paper deals with the origin and historical background of public policy and relation with the private international law. Lastly I will conclude the topic with my opinion and suggestions in enforcement of the foreign law while keep an eye on the public policy exception.

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Public Health/Mental Health • Research Article • Open Access • Peer Reviewed

Reshaping Mental Health: Navigating The Post-Pandemic Psychological Landscape After Covid-19

Vol 3Issue 1Jan 20258 min

The COVID-19 pandemic catalyzed significant transformations in global mental health, impacting individuals across diverse socio-economic backgrounds and age groups. This article explores the post-pandemic psychological landscape, delving into the widespread mental health challenges triggered by prolonged lockdowns, economic instability, and social isolation. Notably, anxiety, depression, and stress-related disorders surged, affecting not only individuals but also straining mental health services worldwide. In response to these demands, mental health practices have adapted rapidly, embracing digital solutions like telehealth and online therapy, which provided crucial support despite physical distancing measures. These innovations, while offering new modes of accessibility, have also posed questions about digital equity and the effectiveness of remote care. Beyond professional support, communities became vital sources of resilience, with grassroots movements and mutual aid networks offering emotional and practical assistance. This shift underscores a growing recognition of collective mental well-being as a public health priority. The article also investigates the pandemic’s impact on workplace mental health, as remote work blurred personal-professional boundaries, leading to burnout and challenging traditional work models. Employers have since recognized the importance of mental health resources, integrating mental health days, employee assistance programs, and flexible work policies to support well-being. Additionally, schools and universities have had to address the unique mental health needs of students who faced academic disruption and social isolation, implementing support services tailored to younger populations. Drawing on quantitative and qualitative data, this article reflects on these new paradigms, examining their sustainability and long-term implications for mental health systems. The analysis highlights the importance of building resilient mental health frameworks that are accessible, adaptable, and community-oriented, acknowledging the critical role of sustained support as society navigates the complexities of a post-pandemic world. By addressing these evolving needs, we can foster a culture of mental health resilience that is better equipped to handle future global challenges.

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Cultural Studies/Legal History • Research Article • Open Access • Peer Reviewed

The Illusion of Indian Values: A deconstruction of the Colonial Morality that Indian Values are yet to be liberated from

Vol 3Issue 1Jan 20258 min

It all started at 4:30am. On Monday, the 26th of January, a flight to Delhi left me with a question that I had never truly pondered. On the way to the airport, a highway billboard displaying an advertisement caught my eye. Boldly displayed on it was a "tag line" which included the phrase "Indian values". That made me pause, because this phrase is something that we hear everyday steeped with the colours of nationalism and pride, it is used by politicians and parents to anchor us to a certain moral seabed, and it is spoken like the gospel truth. But what really are Indian values? How can something that we have instilled in the breath of every child born on this soil be something so elusive and hard to define, and how many of these Indian values have remained untouched by our painful colonized past. So I started reading, and with every page I realized that a lot of the Indian values we speak of today, values that have the power to land people in courts, and behind bars are values that are not Indian at all but ideals that have been colonized and never liberated. In our fight for independence from Colonial rule, we forgot to liberate our Indian Values, values such as modesty, sexuality, and the treatment of the Transgender community which in reality is a show of colonial morality parading as Indian tradition. On September 6th, 2018, the Supreme Court of India decriminalized consensual same- sex relations by partially striking down Section 377 of the Indian Penal Code (Bharatiya Nyaya Sanhita, 2023). Section 377, was one that the British had transplanted into India's legal system as a reflection of the British 1553 Buggery Act. This Section imposed in India a rigid Victorian moral code that went against the beliefs and practices of pre- colonial India. In pre- colonial India, homosexuality was neither shunned nor seen as a taboo, but regarded as just another expression of human desire. Although some religious texts do contain qualms with the practice of homosexuality, it was largely accepted. A number of stories in Indian Mythology speak of homosexual deities and various sites of worship including the two UNESCO world heritage sites, the Khajuraho Group of Monuments in Madhya Pradesh and the Konark Sun Temple in Odisha, display sculptures of homosexual as well as heterosexual acts, displaying to us the medieval Indian standard of acceptance and understanding. The introduction of section 377 by the British colonizers was just one page in the Odyssey of stifling Victorian standards of morality and normativity. These standards instilled a degree of shame to the topics of sex and desire, a shame that was not recognized by a Pre- Colonial India, but one that Post- Colonial India is ruled by. A Victorian ideal misremembered as Indian. The status of the Trans community was also tainted by the waters of Victorian morality. In present day, Post- Colonial India, the Transgender community faces discrimination socially, economically, medically, politically, etc. They are viewed as deviant and face marginalisation as well as abuse in many cases that often go unreported due to the deeply instilled fear of retribution or further discrimination. The discrimination against the Trans community has become a subliminal norm, one that results in guidelines such as banning Trans people from donating blood. The 2017 guidelines given by the National Blood Transfusion Council (NBTC) and the National Aids Control Organization (NACO) ban Trans people from donating blood as it hinges on the assumption that this group has a higher risk of HIV/AIDS, something that many activists find unscientific and discriminatory. Blood that has been donated is always screened for diseases such as these, and assuming the possibility of contracting a disease such as HIV/AIDS will be higher due to one's gender identity defies logic and functions purely on the principles of isolation and ostracisation. These guidelines are present in a country that before colonial domination saw the Trans community as sacred and auspicious. Trans people were once in important positions entrusted with the collection of taxes for the Sultanate and Mughal Courts. India's rich mythology mentions the Trans community as well, never once with the aim to ostracize. In the Puranas, there are mentions of Ardhanarishvara, a form of lord Shiva, in which Shiva and Parvati unite to form a single perfect composite that symbolises the male and female principle as inseparable, and in the Ramayana when lord Rama was exiled and told the procession accompanying him that all the men and women must go back to Ayodhya, it was people belonging to the Transgender community who remained with him, and being greatly moved by their devotion, Lord Rama bestowed upon them the power to offer blessings on auspicious occasions. From respected and recognized to overlooked and ostracized, We see the truly traditional Indian Values which were almost lost in the torrid waters of colonial principles. The principle of modesty is another strong example of the lack of emancipation of values post India's colonization. Pre colonial India was one of the few civilizations which saw the female body as a symbol of divinity, fertility, and most importantly strength. Goddesses were presented in their unashamed forms, and the concept of the divine feminine was an essential tenet to the culture as a whole. Clothing was about worshipping the form of the body and focusing on comfort and functionality, thus clothing like sarees, which were draped around the woman without the addition of today's blouse, were one of the uniforms which were designed to suit the warm climate of India. The lack of blouse was due to the fact that it was found to be unnecessary as the purpose of clothing was to adorn the body, not to appease the thoughts of some lustful men. Women were in fact seen as "Shakti" which is known in English as the divine feminine power. Morality never had a stake in clothing as it was customary for both Men and Women to leave their torsos uncovered as proved by the discovery of multiple ancient structures, paintings, as well as iconography with bare torsoed deities celebrating the human form found in places such as Ajanta and Konark. The human body was seen by Pre- Colonial India as an instrument of worship and expression that rather than lust, attracted the energy of life. This changed however, with the beginning of invaders and foreign rule. As women became more vulnerable to violence, the freedom of which garments were worn reduced as fear led to more restrictive norms in order to be safe from violence and exploitation. This was not a choice but a defensive measure to survive. This shift was crystalized by the British colonizers who set down their rigid Victorian ideals of modesty and modernity. The female body which was once celebrated as divine was now covered and treated with secrecy and shame. Blouses and other garments which were more covering were deemed to be respectable, thus repressing the free woman under the guise of it being a social marker of status and power12. As the sands of time slipped through the gaps of change, these Victorian ideals stood strong and became misremembered as Indian Values. Victorian Ideals which no longer exist in a "Modern Western World" and are seen as regressive by the very ones who imparted it upon a once Modern land. The true Indian Values which rang with the clarendon call of spirituality and acceptance were submerged by the tempestuous currents of Victorian Ideals, but unlike the submerged city of Atlantis, the true Indian Values are not completely lost but pulse silently beneath the veneers of the colonial legacy left behind, waiting for the day that the gossamer will fall to reveal a truly Modern Indian Nation.

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Constitutional Law/Family Law • Research Article • Open Access • Peer Reviewed

UNIFORM CIVIL CODE AND GENDER JUSTICE

Vol 3Issue 1Jan 202512 min

A Uniform Civil Code could be a way forward to ensure that age- old beliefs of inequality among different humans. In a pragmatic sense bringing a Uniform Civil Code will not guarantee the squashing of gender disparities and discrimination but the code could provide a a basis for a legal reform. "State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India" - Article 44 Constitution of India As humans, we were never born bearing the marks of differentiation. We are all born humans, equal in the eyes of the world. I was not born bearing the mark of Hinduism and neither was the child born in another ward born with a tattoo of Islam on his or her body. Based on our potential reproductive abilities we are assigned a gender at birth. A method to identify and segregate us based on our procreating functionality. What's forgotten is that segregation of identity does not account for negative differential treatment of these identities. So irrespective of which family a child is born into, bearing whichever gender, he/she/they deserves to be treated, regulated, and allowed to live with as much dignity and opportunity as the other child born anywhere in the country. The concept of the Uniform Civil Code strives to achieve this very notion. The Uniform Civil Code is a concept that is a work in progress in Indian policy making, that encapsulates the creation of one law for the nation. This implies that every Indian, irrespective of their religion, caste, class, race, gender, and any other parameter of distinction, will be governed by one law that will be applicable across the country. Then why was a uniform set of laws not created while drafting the constitutional shape of the country? When the constituent assembly first curated independent India's Constitution, erstwhile India's political leaders saw the need for a Uniform Civil Code to achieve the basic principles of equality and justice. Deliberation on this led to a decision that India had not yet reached a stage to push through a policy change such as this, as the conditions were not in the favour of it. Since the Indian society was looked upon, by its internal elements, from the lense of tradition and an astute "Indian culture", certain facets such as the customary laws and religious practices have always been very closely upheld by the people. If the lawmakers decided to outlaw these personal laws, it would probably initiate another civil war, which the newly partitioned country was not ready for. This led to the drop of this policy, but considering the modernization and awareness of rights across generations, citizens have realized the value of being treated at par with each other. Hence the idea of the Uniform Civil Code. In today's world with the dynamicity of the 21st century, the relevance of the Uniform Civil Code reflects in bringing all Indians under the purview of one standardized system of being treated under the eyes of the law, one law! Article 44 of the Constitution of India, falling under part IV which is also referred to as the "Directive Principles of State Policy (DPSP)", in its very essence talks about having a common system of regulation for all Indians across the territory of India. DPSPs by their statutory nature are not enforceable as they are, but can be brought into execution by passing a law that reflects its essence. Additionally, a Uniform Civil Code falls in line with an already existing and enforceable law, Article 14 of the Constitution of India which ensures all individuals are treated before the law. But another interpretation of this law is also what may cause the hindrance to the establishment of the Uniform Civil Code. This fundamental right also encompasses "equal protection of laws within the territory of India", giving each sect, rather than recognized religion to have its own set of laws which will be protected equally by the Constitution of India. The 42nd amendment to the Constitution of India had inserted a word in the Preamble to the Constitution. This word was the philosophy of our democratic leaders, it reflected the voice of the nation when in consensus we declared the nation to be "Secular". By adding the word "Secular" to the Preamble we emphasized the fact that India as a nation would have zero tolerance towards disrespect of any religion, thereby practiced and professed by the citizens of India. Articles 25 to 28 guarantee the freedom of religion and thereby lets anyone practice the faith they have faith in. But every religion comes with its own set of laws within the ambit of its control. The Hindu law, the Sharia law, and the different sets of laws for Christianity, Zoroastrians, and Jews are some sets of personal laws under which any person identifying by the said religion is governed. Each of these laws per religion has a different treatment for marriage, divorce, inheritance, custody, and abortion. This implies that while we all swear our allegiance toward the Constitution of India, we are in certain matters, not governed by the Indian law, but are governed by the laws of a religion, a religion which is a matter of our faith (something one may concern personal to an individual). If we look at the ambit of these personal laws, for instance, marriage, divorce, inheritance, custody, and abortion, what's a matter a of confusion here is that none of these issues are all universal and legally recognized social institutions, which does not affect just one person but every individual involved in such a case. How is it then, that if one person is guaranteed relief concerning custodial battles, another person feels that the decision in their favor may be discriminatory, considering these are two different decisions in the same country for two different sets of people while both claim allegiance to the same constitution and are both guaranteed equality in front of the law? While this discriminatory treatment is very pertinent in India due to the upholding of the personal laws, most of these discriminations are seen on the lines of gender differentiation in a negative connotation. Personal laws in general, not only reflect a positively linear bias towards the male community but are also a substantially unfavorable set of beliefs and practices towards the female and trans community. The issue revolving around personal laws and gender has been brought up because most personal laws are created keeping in mind the male population's or a man's superiority, thereby sidelining the interests of women, transgender, and anyone identifying differently from a gender they were assigned at birth. Gender justice is not the only forefront concern to the establishment of a Uniform Civil Code, there is religious concerns, as well. A recent example would be from AIMIM Chief Asadudin Owaisi's interview on April 30, 2022, where in an interview he dismissed the need for a uniform civil code and cited strong objections to its need1. But more importantly, the main challenge to the establishment of a UCC is simply the lack of a strong political support to the idea, throughout the Indian polity. The concern and support to the idea of UCC is not widespread and needs more discussion2. The establishment of a Uniform Civil Code would hamper the vote bank and electoral donations from the high and mighty who have benefitted from the non- existence of this code. To understand this, we must first understand the issue of gender justice much more closely from the purview of personal laws. But the progressive leaders are still pushing for it. The discussion on uniform civil code lives on. The CM of Assam had recently made a statement urging the need for a uniform civil code to end polygamy and other social evils3. The Hindu law, until it was codified by the way of various acts of marriage, succession, adoption, etc., had allowed polygamy (till 1956), disbarred women from inheriting anything property, disallowed women co- parencers from demanding ownership in Hindu family business and disallowed single women from adopting children. While changes to the current version of the codified Hindu laws "allow" women rights that they any way should have possessed by the virtue of birth, many laws do not allow this kind of treatment for women. A Muslim woman governed under the Sharia, in case of succession would inherit half of what her male counterpart would inherit. That is in the case of the demise of the property holder when the heirs of the property inherit them, the male sibling will inherit twice what the female sibling would inherit. The most controversial treatment of women was seen with the prevalence of talaq- e- mughallazah4. This right was given only to the man in the marriage who could at any time any place and in any situation pronounce this verdict and leave his wife, without the wife's say in it. A one- sided decision that has an impact on two lives. The custody rights also in such cases fall in the favor of the paternal claim. It was in the case of Shah Bano, (Mohd. Ahmed Vs Shah Bano5) that Chief Justice Chandrachud had to urge the parliament to seriously consider having a uniform civil code in place to solidify social harmony and equality. However, this was not taken seriously at that time. Several other cases tried to initiate a dialogue on the same and to prove the need for a civil code. In the case of Smt. Sarla Mudgal, President, ... vs Union Of India & Ors, there was a push to adopt a uniform code based on the Hindu model. While the triple talaq has been squashed by the Supreme Court of India in the Shayara Bano versus Union of India, the mere existence of such elements in personal laws shows a negative bias towards women. The Christian personal law allows a woman to seek divorce on the claims of marital rape, recognizing it as an act where a husband cannot forcefully sexually violate his wife, without consent at a said time, as marriage entails partnership but not consent to sex for every second that passes by in the married life. This right is not available to women identifying with other religions thereby reflecting discrimination in the provision of justice to issues claimed by women of the same country. This entails unequal treatment of individuals by Indian law. What's even more concerning is that while inconsistency of rights is visible as far as women are concerned, the absence of rights concerning the transgenders or people who identify differently from the biologically assigned gender makes it an, even more, a relevant issue concerning personal laws being discriminatory towards another segment of the population. Though in the case of Abc vs State(Nct Of Delhi), the Supreme Court had allowed a single mother of Christian faith to be the sole guardian of her child. It was ready to overlook the absence of such considerations of a single, well- educated, financially secure woman's ability to take care of her child on her own under the Guardians and Wards Act. In this case, as well the court was able to make a point about the need for a uniform civil code. The fact that there are no rules governing succession, marriage, divorce, adoption, etc., concerning transgenders reflects the binary attitude of India's legal system towards the provision of justice. It shows that we aren't equipped to, in a real sense, be ready to treat all Indian citizens alike. This is exactly why a Uniform Civil Code would be required. The existence of different ideologies and cultures makes it all the more a reason to have a common set of laws governing all aspects of human lives that demands protection and justice not only in criminal matters but also in matters that are currently handled by the personal law. The claim of our country's "unity in diversity" would hold no meaning without a Uniform Civil Code. But what would having a Uniform Civil Code mean? Would it mean, as interpreted by popular belief, that all citizens of India would be governed by the Hindu law, because that is the law of the majority? To be precise this game of majority and minority is exactly what bringing in the Uniform Civil Code will end. The creation of such a set of laws means that a person can practice their faith as a faith, but when it comes to matters of disturbances and grievances that require legal interventions, the interventions would be governed by a common legal set, thereby making sure that any one seeking justice or protection would be served the same, exactly in the manner it is being served to any other person by the country. The Uniform Civil Code will be sensitive to the requirements of "Humanity before Religion" and therefore will adopt all positive aspects of all religions recognized in India, thereby letting all individuals in the country enjoy the same legal opportunity. Concerning gender issues and Uniform Civil Code will first recognize all genders on an equal front. Women will be able to seek legal recourse on matters of marriage, divorce, adoption, and succession without being hindered by the concept of male superiority. No religion would then be able to direct a woman on whether she has the right to get divorced, to seek support after divorce, to seek custody of her child, and demand her rightful inheritance. This would not just be a recourse to make the legal system more women- centric, but the adoption of a Uniform Civil Code would mean that men can seek legal recourse against any discrimination being done towards them based on gender, as well. A Uniform Civil Code could be a way forward to ensure that age- old beliefs of inequality among different humans are an act of necessity. It could ensure that we as humans and more so as citizens of India are bound by one set of laws that treat us, regulates us, provides us justice and security, and reprimands us all equally with no bias. In a pragmatic sense bringing a Uniform Civil Code will not guarantee the squashing of gender disparities and discrimination, this in itself will require a paradigm shift in the thought process and psyche of Indians across the nation. But what the code will do is provide a start, a basis, a legal reform, an official standard that India does not accept inequality, that India stands for "Justice for One, Justice for All"!

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Cyber Law/Data Privacy • Research Article • Open Access • Peer Reviewed

UNPACKING THE RIGHT TO BE FORGOTTEN: LEGAL IMPLICATIONS AND PRACTICAL CHALLENGES

Vol 3Issue 1Jan 20258 min

This paper explores the Right to Be Forgotten (RTBF) which is a legal and ethical concept providing recourse to individuals to request for removal of personal information from public records, especially at online platforms, to safeguard their privacy and reputation. RTBF originated from the European Union's General Data Protection Regulation (GDPR) and has sparked debate as it often intersects with the various other rights like freedom of expression and public access to information. This paper analyzes RTBF's application across various jurisdictions, including the landmark Google Spain case, as well as legislative developments in India and the United States. It examines how RTBF conflicts with other fundamental rights, particularly freedom of expression, by comparing privacy norms in regions where RTBF has been recognized and enforced. Additionally, the paper discusses practical challenges in implementing RTBF, particularly the case- by- case balancing required to address conflicts between individual privacy and public information access. Recommendations include adopting RTBF frameworks tailored to specific regional contexts, proposing cataloging mechanisms to track judicial trends, and considering alternative solutions like content delisting to harmonize RTBF with the freedom of expression. This paper aims to provide a nuanced understanding of RTBF's complexities and propose pathways for its effective global implementation in balancing privacy and public interest.

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Property Law/Civil Procedure • Research Article • Open Access • Peer Reviewed

RIGHTS OF THE MORTGAGOR IN A SUIT FOR FORECLOSURE: A DISCOURSE IN REFERENCE TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE 1908

Vol 3Issue 1Jan 20258 min

Code of Civil Procedure 1908 (hereafter ‘CPC’) provides procedure for filing suits of a civil nature, for the establishment of Civil Courts, defines the rights of the litigants and provides remedies of appeal, review, revision and reference, etc. The Transfer of Property Act 1882 (hereafter ‘T.P. Act’) provides provisions for transfer of properties by mortgage, lease, etc. This paper aims to construe the provisions for recovery of the excess amount of sale of the mortgaged property in a transaction of sale in a suit for foreclosure of mortgage. The paper is doctrinal and aims to protect the rights of the judgment debtor.

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Criminal Law • Research Article • Open Access • Peer Reviewed

CRIMES IN THE PRESENT TIMES: A CRITICAL ANALYSIS

Vol 2Issue 2Jan 20248 min

Crimes are unavoidable. And society without crime is a myth. Crime not only causes injury to the individuals but it also causes the infringement of Human Rights. It is an illegal act that takes place against the laws stated by the state. A crime or offence (or criminal offence) is an act that harms a community, society, or the state. Crime also defines as the act that takes place against the morality of the society. Crimes can take places in the form of offense against the human bodies, inchoate crimes, against woman and child or in the form of cyber- crimes, etc. This research article mainly focuses about the Crime that are present in the society and takes place in every minute or in every second.

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Public Health • Research Article • Open Access • Peer Reviewed

An In-depth Analysis of AI Strategies, Regulatory Frameworks and Policies required for Successful Vaccination Programs, with a specific focus on Sub-Saharan Africa Governments' Collaboration with International Organizations

Vol 7Issue 1Jan 20248 min

The COVID-19 pandemic has highlighted the critical importance of effective vaccination programs in safeguarding public health. However, ensuring successful vaccination campaigns requires more than just the availability of vaccines. It necessitates comprehensive strategies, robust regulatory frameworks, and strong collaboration between governments and international organizations. This paper aims to provide an in-depth analysis of AI strategies, regulatory frameworks, and policies required for successful vaccination programs, with a specific focus on sub-Saharan Africa governments' collaboration with international organizations. 1. Importance of AI Strategies: AI can play a pivotal role in optimizing vaccine distribution by analyzing vast amounts of data to identify high-risk areas and target resources accordingly. By leveraging machine learning algorithms, governments can predict demand patterns and optimize supply chains for efficient vaccine delivery. 2. Need for Regulatory Frameworks: To ensure the safety and efficacy of vaccines in Sub-Saharan Africa, robust regulatory frameworks are crucial. These frameworks should prioritize transparency in clinical trials, expedite approval processes without compromising safety standards, and establish mechanisms for post-vaccination surveillance. 3. Collaborative Efforts between Governments and International Organizations: Successful vaccination programs require collaboration between Sub-Saharan African governments and international organizations like WHO or UNICEF. Such partnerships can facilitate knowledge sharing, resource mobilization, capacity building initiatives, technology transfer agreements, and financial support to strengthen healthcare systems. 4. Addressing Challenges Unique to Sub-Saharan Africa: Sub-Saharan Africa faces numerous challenges such as limited healthcare infrastructure, vaccine hesitancy due to misinformation or cultural beliefs; therefore specific policies must be implemented to address these issues effectively. In conclusion, "Analysis of AI Strategies", regulatory frameworks", and policies required for successful vaccination programs is crucial for achieving equitable and efficient vaccine distribution in Sub-Saharan Africa. By leveraging AI, implementing robust regulatory frameworks, and fostering collaboration between governments and international organizations, we can overcome challenges and ensure the successful implementation of vaccination programs. This abstract provides a glimpse into the comprehensive analysis that will be conducted to shed light on the strategies needed for effective vaccination campaigns in Sub-Saharan Africa.

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Tax Law/Property Law • Research Article • Open Access • Peer Reviewed

PROVISIONS, APPLICABILITY AND RECENT AMENDMENTS TO THE MAHARASHTRA STAMP ACT, 1958

Vol 2Issue 2Jan 20248 min

This paper deals with the Maharashtra Stamp Act, 1958 and the recent amendments related to the same. Stamp Duty is an important part of Land Law and the relevant provisions, application and relevant judgments of the same are discussed in the paper. Stamp duty is charges by the government levied on documents or instruments which have certain transactional nature which forms a part of the government exchequer. It is required to pay the adequate stamp duty as regards to the Maharashtra Stamp Act, which mentions the rate of stamp duty applicable on specific instruments such as transfer, agreement, conveyance, etc. Recent cases of stamp duty evasion have been rising in the State of Maharashtra which has led to certain amendments in the Maharashtra Stamp Act, 1958 which has also been discussed herein. The author has taken up the case law of Trustees of H.C. Dhanda Trust v. State of Madhya Pradesh and Ors of 2020, to analyze one such case of stamp duty evasion and has commented upon the judgment delivered therein. This paper duly encompasses all aspects of stamp duty in consonance with the Maharashtra Stamp Act, 1958 and discusses the measures which could bring about more clarity upon the current laws of stamp duty and consequence of evasion, in accordance with the stamp duty law in the state of Maharashtra.

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Corporate Law/Finance • Research Article • Open Access • Peer Reviewed

THE DYNAMICS OF INITIAL PUBLIC OFFERINGS (IPOS) IN THE INDIAN PHARMACEUTICAL SECTOR

Vol 2Issue 2Jan 20248 min

The pharmaceutical sector in India has witnessed a surge in Initial Public Offerings (IPOs), underscoring their significance in driving industry growth and innovation. IPOs provide pharmaceutical companies with essential capital, allowing them to enhance research and development efforts, expand manufacturing capabilities, and increase their global market presence. In 2024 alone, two major pharmaceutical companies, Akums Drugs and Pharmaceuticals Ltd. and Emcure Pharmaceuticals Ltd., went public, demonstrating strong investor interest and delivering substantial returns. Beyond fundraising, IPOs also improve governance, transparency, and compliance with regulatory standards, essential for maintaining credibility in this highly regulated sector. These offerings have attracted retail and institutional investors alike, with the pharmaceutical sector seen as resilient due to rising global healthcare demands. Regulatory bodies like the Securities and Exchange Board of India (SEBI) ensure a robust and transparent process for IPOs, aligning Indian market practices with international standards. The capital raised from these offerings supports the industry's capacity to meet global demand for innovative and generic medicines, contributing to overall economic growth. This article examines the performance of recent pharmaceutical IPOs and their broader impact on the capital market and industry development.

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International Relations/History • Research Article • Open Access • Peer Reviewed

THE HIDDEN BATTLE OF THE SLAVS: THE RED WAR OF TRANSNISTRIA

Vol 2Issue 2Jan 20248 min

The development of the Eastern Europe has been a sign of remarkable change that can be observed over a period of three centuries. In numerous battles and fights, the Balkans, Baltics and the Caucuses which led to series of tensions in the region. Apart from externally hurting itself through the ruling of regime of the mighty Ottomans who considerably had power over the Balkan for almost two centuries. The Russians under the mighty Peter the Great had established the long and widespread Russian empire which considered itself of utmost importance in terms of providing a solitude towards preventing the massive loss of the Slavic identity as well as expanding the power and potential of the greater Slavs all around the globe. The fight for the idea of survival in the Balkan in the early twentieth century leading to the first World War or be it the mighty World War Two which came in to conclude such imperialistic beliefs in the whole of the European Continent and fry towards an idea of democracy which enlisted the true reposition of faith in the people who were the mighty rulers. The time changed quickly pertaining around the circumstances wherein people fought incredible battles and believed in the changes for the best and at the earliest. However, it must be known to the fact that the ideal structure for the Eastern European nations were to hold their uniqueness as to what they believed to have created separate nations with their individualistic approach as well as their integrity in terms of providing a linguistic change which can be called to be of a sharp cut- out from the invariable hassles and struggles they had faced in the past. The best identical structuralism can be seen in the creation of individual states of Czechoslovakia, Yugoslavia and the mighty Union of Soviet Socialist and Republic (USSR) which expanded its base by allowing the existence of puppet Government in the countries such as East Germany, Cuba (claimed by the critiques of the USSR). The identity of such state has been made to conduce its structure and beliefs which include the dispute which commenced on the North- Western sector of the Black Sea. The idea of Moldovan identity which has had its fair share of fight during its Soviet Regime which was responsible for the conduct of such actions that would result in harming the longing identity of the two based community. Over the period of time, there have been several other battles and fights which finally led to a confrontation which has held its three identical warfare which held a nature that was sorted into three main categories which include the Political, Economical and Social structuring. The identity was sorted but was finally held out it positioning once there was the establishment of the conflict which held the Transnistria out of the Moldovan and Romanian power hubs.

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Corporate Law/Finance Law • Research Article • Open Access • Peer Reviewed

RESTRICTIONS PROHIBITIONS ON FOREIGN INVESTMENTS

Vol 2Issue 2Jan 20248 min

Investments in India are regulated under the broader prescriptions of Foreign Exchange Management Act, 1999 which is considered as the parent legislation. Besides dealing with all kinds of transactions in foreign exchange, FEMA also prescribes restrictions & prohibitions on current account transactions. The Act prescribes transactions for which withdrawal of foreign exchange is prohibited, transaction which require prior approval of the government and also transactions that require approval of RBI before commencement. Additionally, payment of commission on exports made towards equity investments in joint ventures or wholly owned subsidiaries of Indian companies abroad is also prohibited. There are many other outward remittances of money that requires prior approval of Reserve Bank of India. There is also a general prohibition in FEMA that no person resident in India shall acquire, hold, own, possess or transfer any foreign exchange, foreign security or any immovable property situated outside India. Apart from the recognized authorized persons under the provisions of FEMA, 1999, it has been stated that no person shall deal in foreign exchange in any manner whatsoever. Under TISPROI Regulations, it has been clearly outlined that 'save as otherwise provided in the Act, or rules or regulations made thereunder, no person resident outside India shall make investment in India; and that 'save as otherwise provided in the Act, rules or regulations made thereunder, an Indian entity or an investment vehicle, or a venture capital fund, or a firm or an association of persons or a proprietary concern shall not receive any investment in India from a person resident outside India or record such investment in its books'. It has also been provided that 'unless otherwise specifically stated in the Act or rules or regulations framed thereunder, investment by a person resident outside India is prohibited in certain prescribed activities'. There is also a prohibition on investments beyond investment limits, in violation of linked conditions and in excess of sectoral/statutory caps prescribed under the Regulations. Although there are many operative restrictions and prohibitions in the Regulations framed under FEMA, special powers have been vested with Reserve Bank of India in all restrictions on foreign investments prescribed therein. There is also substantial discretion vested with other sector- specific regulators/ government departments and enforcement agencies. It could be therefore be concluded that India's legal framework is based on comprehensive thought, deep deliberation, consensus on modalities and concentration of diversified set of laws to meet the pertinent objective.

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Cyber Law/Finance Law • Research Article • Open Access • Peer Reviewed

THE 2 C's: CRYPTO AND CONUNDRUM

Vol 2Issue 2Jan 20248 min

Humans have always sought to explore unexplored areas in order to succeed in the race of competition and persistent innovation. These innovations add up to our lives and make them simpler, one such mindboggling innovation is Cryptocurrencies which exists on digital platform and are a form of virtual currency which is decentralised and protected by cryptographic encryption techniques. These are considered "digital gold" due to their skyrocketing demand irrespective of the fact that they were not given fiat status by the apex bank of any country. Nonetheless, the same notion does not hold good today as many nations have started adopting crypto as a part of their payments system. Also, worth to note is the fact that El Salvador legalised crypto recently owing to its lucrative returns. It is usually said that every coin has a flip side and hence even crypto, apart from being a lucrative income and investment poses certain legal challenges to common Populus as well as the nation as a whole. Be that as it may, the author will initially explain the functioning of the cryptos and the plausible rationales driving its high demand, enthusiasm, and craze. Thereafter, the author will try to bring out the major legal problems which may conceive once a country adopts crypto as its fiat. The author also will attempt to compare the legal framework which is put in place by modern democracies to regulate cryptos. The author will also attempt to analyse the plausible rationale behind scepticism in the acceptance of cryptocurrencies. Later the author will bring out the legal blockades in the acceptance and approbation of cryptocurrencies as legal tender. Finally, the author will conclude by suggesting plausible solutions in the acceptance of cryptos.

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Corporate Law/SEBI • Research Article • Open Access • Peer Reviewed

FIXED-PRICE ISSUE UNDER THE COMPANIES ACT, 2013 & SEBI (ISSUE OF CAPITAL AND DISCLOSURE REQUIREMENT) REGULATIONS, 2018

Vol 2Issue 2Jan 20248 min

If shares are sold at a fixed price during an initial public offering (IPO), this type of issuance is referred to as a fixed price issue. The second most popular method of an IPO is this one. The issuer must explain and adequately justify the price established in the offer document. Typically, businesses only choose fixed price issues if the management believes that a fair price can be agreed upon internally without first being tested in the market, as in the instance of book building. The objective of this paper is to analyse the fixed price issue w.r.t the Companies Act, 2013 and SEBI ICDR regulations, 2018.

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International Trade Law • Research Article • Open Access • Peer Reviewed

INTERNATIONAL TRADE AND TRADE RESTRICTIONS

Vol 2Issue 2Jan 20248 min

The researcher in the article has tried to focus on the international trade which also include export and import. The researcher also tried to tell the reader that the financial system of the country majorly depends upon the export and import of the country with the other countries and also how trade is restricted. The research paper talks about how international trade have affected the global economy. The research paper also talks about how the international trade patterns or practices have changed over the years. The researcher through some significant points has focused that how WTO has played significant role in promoting international trade. At last, this research paper tries to explain the readers the role of international trade and certain trade restrictions.

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Gender Justice/Labour Law • Research Article • Open Access • Peer Reviewed

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE IS IT STILL PREVALENT?

Vol 2Issue 2Jan 20248 min

This paper focuses on whether sexual harassment of women at workplace is still in line. This paper discusses on how the women are being treated by the society and their family members. However modern our generation may be yet the mindset of the male workers have not been changed and there is still gender discrimination. This paper also covers the steps taken by the government and the laws which are present for safeguarding women from sexual harassment they are undergoing.

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International Law/Human Rights • Research Article • Open Access • Peer Reviewed

INTERNATIONAL REFUGEE LAW PSDA

Vol 2Issue 2Jan 20248 min

The Syrian Arab Republic is one of the countries in the world. The country has been on the epitome of the modern- day warfare which has been one of the most responsive and repulsive in terms of being the house of the crisis since the 70s. The constant civil war and the responsibility which pertains to and creates the understanding that there are lesser circumstances which can justify for the needs of the war. With the latest war in action since 2015, it is one of the ghastliest wars that has been taking place in the middle east since the invasion of Iraq by the United States which caused thousands of deaths and permanently damaging the structure of Iraq and the people living in it since then. The Syrian Republic Government has been in direct conflict with the ISIS, the NATO - sponsored rebel groups who want to dethrone the Assad Government over the period of time. The war has been ongoing and from time to time there have been several countries who are directly responsible for the killings of the citizens of Syria, which includes the Government of SAR itself as well as the allies who take cognizance of the fact that there are who are directly sponsoring or indirectly conjuring the ongoing warfare which can last for a very long time.

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Environmental Law • Research Article • Open Access • Peer Reviewed

BIOREMEDIATION: AN ANALYSIS

Vol 2Issue 2Jan 20238 min

The paper to covers the meaning of the word 'Bioremediation'. This paper also covers some of the main headings like- What is the relevance of this process in India, Indian laws and environment, what are major decisions of Indian Courts in which environmental issues dealt with by the court along with if any guidelines released by the Court. This paper tries to define all the major headings with suitable case laws and also schemes of government which is framed mainly to protect the environment from some activities which directly affect them and to protect the environment, not for only the present generation but also protect the environment for future generation as well.

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Public Health/Health Law • Research Article • Open Access • Peer Reviewed

LAWS IN INDIA TO OVERCOME MALNUTRITION IN A WHOLISTIC WAY

Vol 2Issue 2Jan 20238 min

In spite of great efforts done by the Government of India to tackle the problem of malnutrition, proportion of population normal on nutrition scale has been stationary; nearly half of them have been a victim of under and over nutrition (obese). Over a period, under nutrition has declined but this has been compensated by over nutrition. Hidden hunger is a still an unfinished agenda. The achievement of food grain security at the national level did not percolate down, and household's food insecurity and level of chronic food insecurity are still high. High economic growth rates have failed to improve food security in India. There is a need and scope for organizational, financial, and managerial reforms in this direction. The repercussion of malnutrition is not limited to physical deterioration, but it also affects the psychological level of victims. The legislative, service, and educational approaches should be optimized to fulfill the dream of malnutrition free India. India is among those Countries in the World with the highest recorded numbers of undernourished. As the Country aspires to fulfill its Economic and Social Development Goals, Malnutrition is one area which requires greater attention. The article try to bring out that India's malnutrition challenge can be addressed only when the State Governments adopts a comprehensive and coordinated approach and demonstrate better Good Governance for civil society also must respond to achieve the same.

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Employment/Labour Law • Research Article • Open Access • Peer Reviewed

Internship Offer with WebSolGuru

Vol 1Issue 1JimmyJan 20228 min

Offer letter for internship position at WebSolGuru, detailing terms such as probation, salary, duration, confidentiality, and resignation notice period.

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Computer Science/Technology • Research Article • Open Access • Peer Reviewed

InterviewBit JavaScript Interview Questions

Vol 1Issue 1Jan 20228 min

This is a comprehensive list of JavaScript interview questions covering basic to advanced topics, including data types, hoisting, closures, prototypes, async/await, and coding problems. It is designed for interview preparation.

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Corporate Law • Research Article • Open Access • Peer Reviewed

VIRTUAL BOARD MEETINGS UNDER THE COMPANIES ACT POST CORONAVIRUS - 19

Vol 3Issue 1Jan 20228 min

This essay analyses the extent to which the Companies Act 2013 as well as the Ministry of Corporate Affairs grants companies the right to hold virtual Board Meetings through Audio- Visual means in light of the lockdowns imposed due to Coronavirus. In Part A of the below essay, this author considers relevant provisions of the 2013 Companies Act in terms of the conditions that must be met for virtual board meetings to be conducted. In Part B, this author considers relevant provisions of the Ministry of Corporate Affairs Circulars in terms of the conditions that must be met for virtual board meetings to be conducted. Part C outlines the findings and recommendations of the Company Law Committee Report in terms of the conducting of virtual board meetings.

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Constitutional Law/Human Rights • Research Article • Open Access • Peer Reviewed

Constitutional Safeguards to the Right to Life During the Times of the Pandemic

Vol 1Issue 3Jan 20218 min

Amidst the ongoing COVID Pandemic, the entire world has seen sufferings, loss of life, denial to adequate healthcare and medical facilities, the infringement to human dignity and also a shortage of oxygen and hospital beds in major hospitals. The Supreme Court of India has stepped in to provide ex gratia compensation to all the victims of the COVID pandemic, especially noting that the loss of life cannot be justified on the grounds that the reason of death on the individual's certificate makes no mention of COVID1. The judgment further goes on to point that COVID patients dying by suicide shall also be included under the scheme of compensation. The right to live with dignity is a basic human right2, which needs to be respected by the State at all times, making concrete efforts towards realising that this right shall be sacrosanct. The Universal Declaration on Human Rights also recognizes the right to a standard of living with adequate standards of healthcare3. The human rights that are to be respected by the States, especially during an unprecedented health emergency has been enumerated as being the inviolable and revered. The States should make an extra effort to ensure that the rights of all individuals are catered for, and no distinction is made on the basis of nationality, sex, caste, creed, and/or religion of the individual.

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