LIJDLR

Volume I Issue II

EXPLORING THE NEED FOR A POST-WTO FRAMEWORK

Volume I Issue II /

EXPLORING THE NEED FOR A POST-WTO FRAMEWORK Rohitashwa Shrivastawa, Student at Narsee Monjee Institute of Management Studies , School of Law, Bengaluru. Download Manuscript ABSTRACT The World Trade Organization (WTO) strives for member states to adhere to comprehensive and non-discriminatory rules to facilitate global trade. While the United States played a significant role in the WTO’s growth, the organization’s ability to address manipulation of rules by certain nations is limited. This raises the hypothetical need for a successor to the WTO to effectively regulate global trade. Furthermore, the WTO’s dependence on major economies and its lack of accessibility for private business entities have become apparent shortcomings. As a result, there is a growing scope for existing outside the WTO, considering its stagnant progress and the need for a more inclusive and responsive trade organization. Understanding the significance of this topic is crucial as it highlights the current challenges and limitations of the WTO, prompting the exploration of alternative frameworks for regulating international trade in a fair and equitable manner. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 189 – 194. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019 EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS

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CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL

Volume I Issue II /

CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL Ekjot Kaur, Student, Narsee Monjee Institute of Management Studies, Bengaluru. Download Manuscript ABSTRACT A common challenge in insolvency law   is working out a solution under general law and factoring in the implications of insolvency on one or several other parties. Problems with choice of law  add a great deal of complexity to international bankruptcy procedures. All questions about insolvency that arise beyond national borders are within the purview of private international law and are addressed in line with either specific statutes or general principles. The intention is to evaluate the UNCITRAL Model Law on Cross-Border Insolvency in light of the most pressing problems often associated with such transactions between different states. In spite of all the accolades the Model Law has garnered, it has only been adopted by around 53 countries in some form. If the number of countries that have adopted the Model Law and the comparatively lukewarm reception of its provisions are any indication, why is it that its adoption has failed to generate a groundswell of support throughout the world? Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 182 – 188. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019 EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS

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A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019

Volume I Issue II /

A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019 Bhavana Sree Sagili, Student at Damodaram Sanjivayya National Law University. Download Manuscript ABSTRACT The Unlawful activities prevention act, 2019 (hereupon referred to as UAPA,2019) is an amendment to the law UAPA,1967. It gives authority to name an individual as a terrorist without due process of law. It is also known as Anti-terror law. Anyone who commits, participates, prepares, promotes, or is otherwise involved in terrorism shall be called a terrorist, and a rigorous punishment is sentenced. Moreover, it is called a draconian law by many critics, even though the main purpose of the law is to control terrorist activities, it has widely been misused by political authorities for their whims and wishes and used to suppress criticism against them. The overview of this project provides a vivid view of this law. Initially, the historical background of this law, i.e., UAPA, 1967 is presented to provide the actual inference of the framers to draft this law. Although the UAPA is in force since 1967, the legislation decided to amend it in 2004, 2008, 2012, and 2019. In a further attempt, the amendments to the law and its changed provisions are projected, and the cause and consequences of the amended laws will be discussed. Later, a precise summary of similar laws related to terrorism and anti-terror are added, and some popular cases will be presented to support the hypothesis of the study. The paper further encompasses the essential features of the amendment of 2019 and the elements that have given rise to amending UAPA, 2019. The major concerns and critics’ condemning aspects will be analyzed by supporting them with relevant data, reports, and cases. At the end of the project, some suggested amendments to the law will be given, for better implementation of the law without being misused by the political authorities. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 172 – 181. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019 EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT

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EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA

Volume I Issue II /

EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA Arpita Shukla, Law Student at Lloyd Law College. Download Manuscript ABSTRACT “Marriage is a more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of offspring.” Traditionally marriage is perceived to be the union of persons of opposite sexes, this is observed as a by-product of the law of nature. Marriage is a cornerstone of human civilization. It is unreasonable to withhold these rights and protections based on a person’s sexual orientation when so many rights are connected to marriage. Scientifically, being part of a diversity of species, it is “natural” to be a homosexual. These instincts are not self-made or self-engineered. They are rooted in a person’s inherent sexuality. Being homosexual does not imply being queer or abnormal. It is all a matter of mindset, not the law.  Therefore, ‘Gay marriage’ or ‘Lesbian marriage’ ought to be allowed. The freedom to marry is not officially recognized as a basic constitutional right in the Indian Constitution. However, the freedom of choice in marriage has been recognized as an essential component of Article 21 of the constitution through judicial interpretation by the Apex Court of the country. Marriage as an institution is founded on exclusion. Same-sex marriages are still not accepted in Indian society despite other dynamic changes.  It is important to understand that without social support, laws alone cannot bring about social change and development. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 163 – 171. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE

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A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS

Volume I Issue II /

A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS Sneha Agarwal, student at National Law Institute University, Bhopal. Ayush Pandey, student at National Law Institute University, Bhopal Download Manuscript ABSTRACT The Data Protection and Digital Privacy (DPDP) Bill, a fictitious privacy legislation, is compared in this research to actual privacy laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). To further appreciate how the DPDP Bill could affect privacy protection, it is important to look at its commonalities, differences, strengths, and special characteristics. The examination starts off by looking at the basic ideas behind the DPDP Bill and other privacy regulations. Data subject rights, permission requirements, data breach notifications, enforcement procedures, and extraterritorial application are important areas of concern. The research intends to find similarities and differences between the DPDP Bill and current legislation by comparing these elements. The study underlines how the DPDP Bill and other privacy laws are comparable in terms of the creation of data protection bodies, the importance of informed consent, and the ability to access and correct personal data. These common goals and guidelines show a coordinated effort to solve privacy issues and guarantee data security. On the basis of the implementation and enforcement of current privacy regulations, various obstacles and objections related to the DPDP Bill are also considered. Costs associated with compliance, regulatory complexity, and finding the ideal balance between privacy protection and data-driven innovation may all be part of these difficulties. Policymakers, legal professionals, and stakeholders may benefit greatly from the conclusions of this comparative research by using them to better understand the implications of the DPDP Bill and its potential efficacy in protecting digital privacy. The research aids in the creation of strong privacy frameworks and the continuing discussion of privacy laws by enabling informed decision-making. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 140 – 162. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN

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ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY

Volume I Issue II /

ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY Rohit Arora, Advocate, District & Sessions Court, Kurukshetra. Download Manuscript ABSTRACT The future has already been created and AI is the future which has the ability to dominate the entire world. The use of AI has already started but without regulations, it will be like playing with fire. AI is the most powerful and risky tool, which was prepared in very less time while it should have taken double or more of it. It is powerful because it can learn and improve itself automatically without human intervention. More questions will be asked from AI powered chatbot or integrated with existing technology, and the more intelligent it becomes, and it is risky because it has the ability to dominate the entire world. Technology is the output of imagination and imagination doesn’t cost anything, but technology does. Today, some AI powered tools are free for everyone which means the data of individuals is a consideration and regulation regarding this is very much needed to secure it. AI can be used in both positive and negative ways, as it totally depends on the user. AI gives more accurate solutions than humans and it has the ability to replace humans, but not completely. The developers of AI are also giving hints about the risks to humans in the future due to this technology. AI can be used in every field and legal field is no exception. Everything is possible with technology and the whole world is witnessing the revolution of the Internet and AI is the next revolution in the tech industry in, so it should be adopted by everyone and used in the best possible way with due care. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 131 – 139. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882

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DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS

Volume I Issue II /

DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS Aastha Sinha, Student at Alliance School of Law, Alliance University, Bengaluru. Vaishnavi N, Student at Alliance School of Law, Alliance University, Bengaluru. Download Manuscript ABSTRACT We live in a society where it propagates the notion that men and women should be treated equally. But when it comes to equality in the law, we are making it divergent for the existing genders where the law itself is assuming that women can only be the victim and men are the perpetrators especially in the cases of domestic violence which is creating injustice in the society, leaving the men feel inferior if they address their problem of being the sufferer of domestic violence. As society is assuming that men are physically strong and can dominate women in all the ways, it is making the concept more complicated as we cannot state that it is just about violence but also includes abuses faced by men through the acts of their respective spouse and other family members. Men also suffer similar domestic violence at the same intensity more or less like a woman but still the percentage of men domestic violence that are reported are relatively less. The major challenge in front of men is the fear of police as to seeking of help because of the indifferent way of interrogation, which again relates to the image in the society they are holding. As the society, majorly watch media which propagates the victimization of women and repeatedly showing that men are always guilty, it is leading to spicing up of this issue in a negative way. The social stigma of domestic violence towards men are so brawny that the society does not believe that men can also be the victim, which result in escaping of the abuser automatically. It can be clearly seen how the law is silent with the gender biased provision which only protect women from the violence leaving men and other genders with the question of doubt. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 116 – 130. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS

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PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT

Volume I Issue II /

PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT Himangi Nagar, 4th year, BBA LLB student at Symbiosis Law School – Hyderabad. Download Manuscript ABSTRACT The Justice System of India does assume innocence and gives it greater importance than focusing on punishment and conviction. Therefore, naturally in most cases, the burden to prove that accused has committed said offence lies on the prosecution. However, there are exceptions to this rule including the offence of rape. Rape victims are made to experience the offence twice – once when it happens and again when the trial goes on. This is because of the pre-existing myths and stereotypes that hound the victims. This paper attempts to analyse the idea and impact of presumption of consent by studying relevant law commission reports and case laws. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 107 – 115. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE

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ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE

Volume I Issue II /

ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE Subramanyan H,Student at Delhi Metropolitan Education. Shivamm Kansal,Student at Delhi Metropolitan Education. Download Manuscript ABSTRACT Artificial Intelligence (AI) is a concept that has been in the spotlight ever since the day when Sophia, the first ever globally recognized robot citizen of Saudi Arabia mentioned taking over the world during a programme in April, 2017. Recently it rose to prominence when Elon Musk remarked about AI taking over the world in the coming years. AI notions are undoubtedly alien to the majority of us in today’s society but it can be understood briefly as the process by which it is possible to programme computers to imitate human intellect. Sir Stephen Hawkings once remarked that “it seems probable that once the machine thinking method had started, it would not take long to outstrip our feeble powers. They would be able to converse with each other to sharpen their wits. At some stage, therefore, we should have to expect the machines to take control.” Some believe AI to be extremely helpful since they can relieve the humans from tedious and harmful jobs while others believe that they will take over the human role hence creating lack of jobs resulting in poverty, deaths and other unwarranted causes. Thus, it is crucial to comprehend artificial intelligence (AI), their impact on human existence and how the Constitution of India could be read in the near future in order to incorporate AI. The objective of this Article is also focused on persuading the reader to comprehend the likelihood of robots having “rights” within the next 40 to 50 years. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 98 – 106 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS

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BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN

Volume I Issue II /

BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN Arundhati Chatterjee, BBA LLB (Hons.) 1st year student at Presidency University, Bangalore. Download Manuscript ABSTRACT “Before Memory Fades: An Autobiography” is a captivating memoir penned by Fali S. Nariman, a prominent Indian jurist and legal scholar. In this book review, I will try to delve into the depths of Nariman’s life and experiences as he recounts his journey through the realms of law, politics, and society. Through his eloquent storytelling and insightful reflections, Nariman provides readers with a fascinating glimpse into his personal and professional life, making this autobiography a compelling read for anyone interested in Indian law and its evolution over the years. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 92 – 97 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW?

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