Research paper

TOPIC- CUSTODY BATTLES: LEGAL FRAMEWORK AND BEST INTEREST OF THE CHILD

ABSTRACT Child custody cases are very problematic in any legal system because they include the most personal and emotional matters of a family. With a specific focus on the principle of the best interest of the child, under the organized legal regime for child custody, this paper tries to find out how this standard is …

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THE IMPACT OF TORTURE ON INTERNATIONAL HUMAN RIGHTS LAW

Torture, a grave violation of human dignity, remains a persistent challenge to global efforts in upholding fundamental human rights. This research explores the profound impact of torture on international human rights law, highlighting how this abhorrent practice has shaped legal frameworks and policy responses globally. Historically, torture has been employed by state and non-state actors …

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Assessing Environmental and Legal Challenges in the Implementation of the Smart Cities Mission

Abstract With the grave dangers of environmental degradation looming over us, it is essential for all nations to revamp themselves sustainably. However, in developing nations, many actions towards growth and progress are unsustainable. To move beyond clashes between the environmental protection and development of countries, nations are working on finding ways to accommodate sustainability in …

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Drug Abuse Among Juveniles: An Examination of Justice System’s Role

Abstract: Drug abuse among juveniles is a dominant problem which is increasing constantly. The most of the population of juvenile offenders are drug abusers, who engage themselves into crimes like murder, rape, theft, burglary, etc., which also leads to increased crime rate in a country. This research paper explores the issue of drug abuse among …

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Navigating LGBTQ+ Rights in Africa: Legislative obstacles and Way ahead

Abstract In the twentieth century, after the documentation of human rights, the struggle for inclusion of sexual orientation and recognition of gender identity (SOGI) in legal frameworks became an important issue. The broad human rights framework encompasses LGBTQ+ rights but its application in individual states is nuanced rather than positive. The countries differ in their …

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“THE HIDDEN CRIME: MARITAL RAPE AND ITS COMPREHENSIVE STUDY”

BY TANUJA KARRI Abstract: This article illuminates the intricate legal landscape surrounding Marital Rape within the context of Indian Law. “Rape” is given under Section 3751 of Indian Penal Code as the “sexual intercourse against the will of a woman, without her consent, by coercion, misrepresentation or fraud or during that time when she has …

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ARTIFICIAL INTELLIGENCE: HOW IS IT CHANGING MEDICAL SCIENCES AND ITS FUTURE?

ABSTRACT: Artificial intelligence (AI) is transforming the landscape of medical science with its extensive and growing applications. From diagnosing patients with unprecedented accuracy and accelerating drug discovery and development to improving physician-patient communication, transcribing medical documents, and facilitating remote patient care, AI is at the forefront of medical innovation. Recent advancements have enabled AI systems …

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CYBER ATTACK: NEW THREAT TO LEGAL PANORAMA

ABSTRACT In today’s digital era, cyber attacks pose formidable challenges to the confidentiality and integrity of legal systems worldwide, including in India. This research examines the impact of cyber attacks on the Indian legal panorama, highlighting the vulnerabilities faced by law firms, legal professionals and other legal entities. The study adopts a qualitative approach, inclusive …

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Title: Regulating Misleading Advertisements in India: Challenges and Solutions in the Era of Consumer Protection

Abstract The rapid expansion of consumer markets in India, driven by globalization, has resulted in an increase in the variety of goods and services available. Major corporations are employing innovative advertising techniques to capture the attention of a diverse and growing audience. However, this surge in advertising has also led to a rise in false, …

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Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam)

Abstract Women’s Reservation Bill or the Nari Shakti Vandan Adhiniyam, is a landmark legislative initiative in India as it paves the way for the much-needed political participation of women in Indian Politics. It aims at reserving one-third of the seats in the Lok Sabha and State legislative assemblies for women. This paper aims at exploring …

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NEW CRIMINAL LAWS: ESCALATING POLICE CUSTODY RIGHTS

ABSTRACT The legal system of India has experienced substantial changes since independence, with various amendments to adapt to the changing sociopolitical context. India has recently transformed its legal landscape by introducing new criminal bills in the parliament. In August 2023, three new criminal bills in the Parliament were introduced which sought to replace the previous …

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“Artificial Intelligence & Judicial Decision Making: Enhancing Efficiency and Value While Preserving Human Judgement in Complex Cases”

Abstract Artificial Intelligence (AI) is signifying its role universally with its powerful techniques and intelligence by generating data and providing various modes of information with regards to simplifying the human work and load taking ability. The judicial system on another hand works immensely in providing justice. This research investigates the potential power of the AI …

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Legal Framework for the Mitigation of Climate Change in India: A Study

ABSTRACT: Climate change finds itself being at the forefront of the most discussed problems in the world. Although changes have been noted in the Earth’s climate throughout in its history, the prevailing increase in temperature is occurring at a rate that has not been seen in the last 10 millennia. Inevitably, human activities have been …

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HUMAN RIGHTS IN THE CONTEXT OF DIGITAL SURVEILLANCE

Abstract Digital surveillance is a systematic collection, analysis and distribution of information about the people through electronic means. Nowadays, digital surveillance is becoming prevalent in the society and infringing human rights. This research paper provides an analysis of the intricate relationship between human rights and digital surveillance. The technologies intended for surveillance, from standard camera …

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IMPACT OF DIVORCE LAWS ON CHILDREN’S WELL-BEING 

“A child’s world is changed by Divorce, but mindful co-parenting can change chaos into strength.” ABSTRACT Divorce is a challenging process that has a profound and lasting impact on children’s well-being. This research paper delves into the impact of the divorce laws on the well-being of the children involved in the divorce cases. The study …

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RESEARCH PAPER

SUBMITTED TO                The Amikus qriae SUBMITTED BY Shubham Kumar (List of Contents) Sr. No. TITLE Page No. 1. Abstract 04 – 05 2. Introduction 06 – 09 3. Literature Review 10 – 12 4. Research Methodology 13 – 14 5. Food Law 15 – 19 6. Case Laws 20 – 21 7. Conclusion 22 8. …

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A CONTEMPORARY OVERVIEW OF EMPLOYEE RIGHTS AND ORGANIZATIONAL RESPONSIBILITIES IN MODERN LABOUR LAW

ABSTRACT This review explores the evolving landscape of modern labor laws, examining the dynamic relationship between employers and employees and highlighting the transformation of labor rights and organizational responsibilities in today’s context. The current trend in labor law increasingly emphasizes the protection of employee rights, with a particular focus on inclusivity, non-discrimination, and workplace diversity. …

A CONTEMPORARY OVERVIEW OF EMPLOYEE RIGHTS AND ORGANIZATIONAL RESPONSIBILITIES IN MODERN LABOUR LAW Read More »

THE USE OF TECHNOLOGY IN MORDERN CRIMINAL INVESTIGATIONS

Title “Leveraging Technology in Modern Criminal Investigations: and fourth chapters, namely, Innovation, Application and Impact sections. Abstract Technology has advanced in the recent past to a point of considering it as one of the leading breakthroughs that has affected different aspects of society with emphasis to the aspect of criminal investigation. While admitting that the …

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COMPETITION ( AMENDMENT) ACT,2023: MAJOR CHANGES AND ITS IMPACT ON INDIAN ECONOMY

Abstract The Competition Act of 2002 has recently been amended by the Parliament . This research paper will try to evaluate the major changes brought in the following act along with its impact over the  growing Indian Economy. As we know that the shape of the Indian market is changing with the advent of new …

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M/s sun pharmaceutical industries Ltd. Vs. Union of India

Facts The case revolves around the issue of the prices at which the drugs and formulations are sold. The appellant which was the Sun Pharmaceutical Industries Limited, a company registered under the provisions of the  Companies Act, 1956 (Companies Act, 1956),  had failed before the Delhi High court before approaching the Hon’ble Supreme Court. The …

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Uniformity or Erosion of Diversity?The Impact of Implementing a Model Code on Indian Family Law

Abstract While India’s multi-religious family law system values tradition, it confronts issues in preserving consistency and gender equality. The Model Code on Indian Family Law (MCIFL), suggested in 2024, seeks to resolve these concerns by establishing a complete, secular family law. This research critically examines the MCIFL’s possible benefits and downsides. The study examines how …

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INTERNSHIP RESEARCH PAPER TOPIC: CORPORATE LIABILITY FOR CLIMATE CHANGE Legal theories and cases holding corporations accountable for their environmental impact, Analysis of recent lawsuits and regulatory developments in climate change litigation.

Abstract: Climate change is a threat to humanity, affecting health, population in total, industries, businesses etc. India has been taking initiatives and implementing strategies on a national and international level in making the environment a safe space by using resources in a sustainable way. This paper delves deep into the understanding of climate change, what …

INTERNSHIP RESEARCH PAPER TOPIC: CORPORATE LIABILITY FOR CLIMATE CHANGE Legal theories and cases holding corporations accountable for their environmental impact, Analysis of recent lawsuits and regulatory developments in climate change litigation. Read More »

The Role of Intellectual Property in the Music Industry: Analyzing the Impact of Streaming Services and Digital Distribution on Copyright and Royalty Structures

Introduction: The music industry has undergone a massive shift of paramount nature in recent years which has been primarily caused due to the inception of streaming services and with that the coming of digital distribution of audio based media, which includes even podcasts and such. Such advancements have greatly revolutionized how music is consumed en …

The Role of Intellectual Property in the Music Industry: Analyzing the Impact of Streaming Services and Digital Distribution on Copyright and Royalty Structures Read More »

Title- “Women Reproductive Complexities: Untangling the Tangled laws” 

NAME -LAVANYA YADAV ABSTRACT It’s not just a matter of right, but a matter of life. This paper is premised on the notion that women’s right to choose their way to motherhood is not just a human right but a much needed fundamental right as incarnated under Article 21 of the Indian constitution. In order …

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“Impact of Mergers and Acquisitions on International trade matter”

Abstract:  This paper explores the multifaceted goods of mergers and acquisitions (M&A) on transnational trade, focusing on the strategic, profitable, and functional scope. The study delves into how M&A conditioning impact trade patterns, market access, nonsupervisory geographies, and competitive dynamics on a global scale. Through a comprehensive review of literature, case studies, and empirical analysis, …

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BALANCING ENVIRONMENTAL CONCERNS WITH INCREASING INFRASTRUCTURE PROJECTS IN INDIA: THE ROLE OF EIA [ENVIRONMENTAL IMPACT ASSESSMENT]

ABSTRACT  India has been working to achieve its ambitious sustainable development goals by undertaking multiple infrastructure projects. However, as evident from the recent troubles the Government of India has run into, these projects can lead to serious environmental concerns such as felling of thousands of trees, loss of habitat of native species and consequent loss …

BALANCING ENVIRONMENTAL CONCERNS WITH INCREASING INFRASTRUCTURE PROJECTS IN INDIA: THE ROLE OF EIA [ENVIRONMENTAL IMPACT ASSESSMENT] Read More »

Medicine Under Legal Scrutiny: the Fear of Legal Repercussions by Medical Practitioners in India

Abstract The NEET 2024 examination witnessed around 24 lakh applicants, highlighting India’s profound interest in the medical profession. This paper explores the intersection of law and medicine in India, analyzing how legal frameworks shape healthcare delivery to ensure justice while maintaining high standards of care. It scrutinizes the rise of frivolous legal proceedings against medical …

Medicine Under Legal Scrutiny: the Fear of Legal Repercussions by Medical Practitioners in India Read More »

False Rape Allegations in India: Harm to Women’s Rights, Societal Consequences and measures to counter.

Abstract: It is shameful for us as a society to stand at a juncture where rape has become the order of the day and rapists are feeling safer than the victims. Rape is one of the most atrocious crimes and anybody doing it, abetting it, watching it happen is equally at fault. But if one …

False Rape Allegations in India: Harm to Women’s Rights, Societal Consequences and measures to counter. Read More »

The impact of the three new criminal laws: the changes it brings and how it is different from the replaced colonial-era laws

Abstract The new criminal laws which replaced the old colonial-era laws came into effect on 1st July 2024. The government introduced these laws because the old laws were not able to address the technological and societal shifts that have occurred over the past few decades. Major changes have been bought in by these laws, changing …

The impact of the three new criminal laws: the changes it brings and how it is different from the replaced colonial-era laws Read More »

In Re: Article 370 of the Constitution

2023 INSC 1058 Bench:  CJI D.Y. Chandrachud, Justices S.K. Kaul, B.R. Gavai, Sanjiv Khanna, and Surya Kant Facts: Issue raised: Contentions: Petitioners The petitioners were represented by several senior advocates of the Supreme Court such as Kapil Sibal, Gopal Subramaniam, Rajeev Bhawan, and Dinesh Dwivedi.  The petitions primarily contest the constitutional validity of the Presidential …

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The Implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012

ABSTRACT Since its independence, India has experienced tremendous growth and development in infrastructure, economy, and legal systems. Year by year, new laws have been introduced, old ones have been repealed, and existing ones have been amended to meet current needs. A prime example is the recent introduction of the Bhartiya Nyaya Sanhita, which has replaced …

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The Role of International Humanitarian Law in Armed Forces

Abstract  Noam Chomsky’s quote, “If it’s wrong when they do it, it’s wrong when we do it,” focuses the core principles of International Law. Post-World War II, following the Nazi atrocities, the United Nations was founded to shield individuals from the horrors of armed conflict, which formed the Geneva Convention. Geneva Conventions are fundamental to …

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CORPORATE SOCIAL RESPONSIBILITY IN THE MARITIME INDUSTRY

Abstract- This paper examines Corporate Social Responsibility emphasizing on the Maritime Industry, Reducing costs down to gain rapid wealth and eliminate competition has been around since the days of Yore. This persistent strategy is now being advanced by Corporate social responsibility while forming new allegiances with stakeholders Meanwhile employee welfare has taken center stage.  The …

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Juvenile Justice Reform: Evaluating the Effectiveness of Rehabilitation Vs. Punishment

ABSTRACT This composition evaluates the effectiveness of rehabilitation programs versus punishments in the realm of juvenile justice reform in India. The youthful populace in each country is an essential resource. The 2015 Juvenile Justice (Care and Protection) Act is a legislation that prioritizes the welfare of children, with the goal of helping them recover and …

Juvenile Justice Reform: Evaluating the Effectiveness of Rehabilitation Vs. Punishment Read More »

Legal Implications of Cryptocurrencies and Blockchain Technology: Regulatory Challenges and Future Prospects.

Abstract The emergence of cryptocurrencies, particularly blockchain technology, has completely transformed the landscape of financial resources. This study delves into the legal aspects surrounding cryptocurrencies and blockchain, shedding light on the existing regulatory challenges. It focuses on how regulations impact these technologies, their future potential, and the overall market environment. Policymakers are encouraged to employ …

Legal Implications of Cryptocurrencies and Blockchain Technology: Regulatory Challenges and Future Prospects. Read More »

Role of Forensic Science in Criminal Investigations with Reference to Evidence Law

ABSTRACT  This research paper is about the role of forensic science in criminal investigation concerning evidence law in India. Forensic science offers robust methodologies including DNA analysis, fingerprint, ballistics, etc to provide concrete and reliable evidence in court proceedings. It examines the rigorous processes involved in collecting, preserving, and admissibility of forensic evidence and underscores …

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An analysis of the Impact of Artificial Intelligence on legal liability: A comparative study of Indian and International jurisprudence 

Abstract  Globalization and the rapid development of technological solutions, especially artificial intelligence (AI), are changing the legal context, especially liability. This research paper aims to do a comparative study of the laws pertaining to AI and its legal prospects prevailing in India as well as in the global context. On the other hand, this paper …

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SOLITARY CONFINEMENT IN INDIA: AN EXAMINATION OF HUMAN RIGHTS VIOLATIONS”

ABSTRACT- the paper talks about the rights of the prisoners, emphasizing solitary confinement in violation of human rights that is Right to life, and personal liberty under Article 21 of the Indian constitution. solitary confinement is a type of detainment where the prisoner is kept in a cell without any human contact and detachment from …

SOLITARY CONFINEMENT IN INDIA: AN EXAMINATION OF HUMAN RIGHTS VIOLATIONS” Read More »

Intellectual Property Rights on Entertainment Industry

Abstract In the entertainment industry, the protection of creative works is heavily dependent on intellectual property rights. Even though copyrights safeguard significant literary and artistic works such as scripts and music pieces, movie titles are not eligible for this protection because they involve minimal creativity. This difference permits several movies to have the same name …

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Commercial Surrogacy : Navigating the Fine Line Between Autonomy And Exploitation

Abstract: Commercial surrogacy has become a complex and disputed subject in India, with numerous ethical and legal concerns associated with it. While on one hand it is a boon for people who wish to have children but are unable to do so, in many countries particularly in developing nations surrogacy has become a nightmare for …

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DILEMMA OF RESCUE FINANCING: ANALYSIS OF DIP-ORIENTED MODEL UNDER IBC

DIP-based model to restructuring an insolvent entity has gain prominence under the current set up of the Indian debt restructuring model. In order to keep the company under duress and the corporate debtors’ ability to function alive, this model gains further traction as it provides a cogent remedy to keep the creditors and the outgoing …

DILEMMA OF RESCUE FINANCING: ANALYSIS OF DIP-ORIENTED MODEL UNDER IBC Read More »

Regulating the Unregulated: Navigating the Constitutional Landscape of Streaming Platforms 

Abstract In this research paper, we are dealing with constitutional challenges in making laws against online platforms and streaming platforms. This research paper presented the reason for popularity of online streaming platforms among general public and the problems facing by the government, other traditional sources as well as public such as – duplicity of the …

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Examining Exams: A Critical Study on the Laws Governing Public Examinations in India

By Rithika Cherukat LLB 2023-2026 Alliance School of Law, Alliance University ABSTRACT  In light of the recent controversy surrounding the misconduct in NEET UG 2024, this paper aims to examine the various steps taken by the Government in the administration of public examinations. The study shows that, in addition to various malpractices such as paper …

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Legal Framework for Protection of Whistleblowers in India

Abstract Whistleblowers are instrumental in revealing corruption, fraud, and other unethical practices within organisations, often at great personal risk. Their disclosures can lead to significant legal, financial, and reputational consequences for the entities involved. Despite the critical role they play, whistleblowers in India face significant challenges, including threats, harassment, and retaliatory actions. Recognizing these challenges, …

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Protecting Civilian Infrastructure in the Age of Cyber                                                                         Conflict: An IHL Perspective

Abstract The increasing reliance on digital technology has transformed the nature of modern conflict, with cyber-attacks becoming a significant threat to civilian infrastructure. The vulnerability of critical infrastructure to cyber threats poses significant challenges to national security, economic stability, and human life. This research paper explores the challenges and opportunities in protecting civilian infrastructure from …

Protecting Civilian Infrastructure in the Age of Cyber                                                                         Conflict: An IHL Perspective Read More »

THE IMPACT OF THE CITIZENSHIP AMENDMENT ACT ON INDIAN SECULARISM AND CITIZENSHIP LAWS

ABSTRACT This paper delves into the impact of the Citizenship Amendment Act (CAA) on Indian secularism and the legal framework governing citizenship. It discusses the idea provided by the government for the Act, which is to offer protection to religious minorities facing issues in the three neighbouring countries to our nation India. The exclusion of …

THE IMPACT OF THE CITIZENSHIP AMENDMENT ACT ON INDIAN SECULARISM AND CITIZENSHIP LAWS Read More »

TITLE- “A Constitutional Analysis of Re-introducing the Section 303 of IPC as Section 104 of BNS”

Abstract Section 303 of the Indian Penal Code was enacted to provide for imposing the death sentence on a person who committed murder while serving a life sentence. However, in the case of Mithu v. State of Punjab, it was struck down by the Supreme Court as violative of the fundamental rights to equality and …

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Critical study on Arbitration as a mechanism to resolve ESG disputes

Abstract: ESG (Environmental, Social and Governance) term refers to the issues relevant to the impact, an organization has on environment, society and if the organization abides by the rules. The focus of businesses on ESG matters has increased in the recent years as the environmental concerns have been raised, social issues coming to light such …

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AN ANALYTICAL STUDY OF THE THIRD-PARTY FUNDING IN INTERNATIONAL COMMERCIAL ARBITRATION

Abstract  A method of settling disagreements arising between private entities under international commercial treaties is international commercial arbitration. If not entirely new, third-party Funding (TPF) is a fairly recent development in international commercial arbitration. This research delves into the concept of TPF, or third-party funding which is the most rapidly expanding and highly disputed topic …

AN ANALYTICAL STUDY OF THE THIRD-PARTY FUNDING IN INTERNATIONAL COMMERCIAL ARBITRATION Read More »

INTRODUCTION This case is one of the landmark cases of Supreme court that helps understand the harmony between the law relation to depository participants and pledge under Indian Contract Act, 1827. It overruled the decision of National Company Law Tribunal and Appellate Tribunal

FACTS The facts of the case are, PTC India Financial Services Ltd. (PIFSL), is a Non-Banking Financial Company which entered in a bridge loan agreement with NSL Nagapatnam Power and Infratech ltd. the agreement was to lend money to the latter. Mandava Holdings Private. Ltd. is promoter of the borrower company and NSL Energy Private …

INTRODUCTION This case is one of the landmark cases of Supreme court that helps understand the harmony between the law relation to depository participants and pledge under Indian Contract Act, 1827. It overruled the decision of National Company Law Tribunal and Appellate Tribunal Read More »

Female Genital Mutilation: A Global Health and Human Rights Issue

Abstract  FGM is one of the most serious global health and human rights problems for millions of women and girls. This article contributes to the in-depth analysis of the legal, health, and social implications of FGM with international and domestic legislation, jurisprudence, and human rights instruments. This paper tries to delve into the various impediments …

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LEGAL RESEARCH PAPER ON [EXPLORING THE LEGAL AND ETHICAL DIMENSIONS OF INTERNATIONAL ADOPTION: A CASE STUDY OF INDIAN CHILDREN AND FOREIGN FAMILIES]

ABSTRACT This research paper investigates the wide range of challenges and dilemmas surrounding the cross-border adoption of Indian children by foreign families. It seeks to investigate the legal basis, contestations, and protective measures for HLA-gene modifications in such a situation. The article details the history of foreign adoption in India, as well as the legislative …

LEGAL RESEARCH PAPER ON [EXPLORING THE LEGAL AND ETHICAL DIMENSIONS OF INTERNATIONAL ADOPTION: A CASE STUDY OF INDIAN CHILDREN AND FOREIGN FAMILIES] Read More »

Title-: Redefining consent in an intimate relationship: Analysis of Bombay High Court on sexual assault 

Abstract  In recent years we have seen a large number of cases of rape, but in latest years we have seen many cases of marital rape or the cases of rape coming from a relationships where woman and man are in relation of boyfriend and girlfriend, the one thing which is seen in this case …

Title-: Redefining consent in an intimate relationship: Analysis of Bombay High Court on sexual assault  Read More »