Original Research Article
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Aug. 31, 2025
25 Downloads
ABORTICIDE: A SACROSANCT HUMAN RIGHT
Aashritha Nair
DOI : N/A
Abstract
Certificate
The legalisation of Voluntary Abortion is the most controversial debate ongoing across the globe. This article submits a legitimate research paper on why voluntary abortion is an essential human right of any woman in India, considering the right of a foetus carried by a woman in her womb with core understanding of supporting statutes and case studies. The research is followed by both theoretical and empirical methodology. The theoretical part highlights important medical, ethical, moral, religious, social, and economic documents and the crucial legal elements and facts representing a complex perspective on abortion. The empirical part presents the results of a sociological survey based on the opinion survey method on a sample of the responses of the citizens across India, the purpose of the survey is to give a synergetic effect to the essay and identify the Indian perception of women, which is likely to be left unheard by our lawmakers. The law of our land, the Constitution of India, is enshrined with fundamental rights, which are sacrosanct to carry on livelihood, and the right of abortion when abstaining shall violate Article 14 and Article 21 of the Constitution of India,1950. The paper shall also cover the most ignored element, mental health, and how it is interlinked with a woman’s right to interrupt pregnancy, following the definition of WHO, “health is a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity.” Most importantly, regardless of the legislative restrictions how, unsafe abortion, which is rather known to be illegal abortion, leads to a risk to a woman’s health lastly, determining core reasons for carrying out an abortion. The aim is to prove that the Right to abortion falls under the purview of Article 21 of the Constitution of India.
Original Research Article
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Aug. 31, 2025
32 Downloads
MEDIATION IN PROTECTING CONSTITUTIONAL RIGHTS OF SENIOR CITIZENS
Gogate Leena Ashish
DOI : N/A
Abstract
Certificate
Senior citizens and protecting their fundamental rights granted by the Indian Constitution has been a sensitive issue and a great challenge for last many decades. Senior Citizens face variety of problems on day-today basis and may become victim of Physical, Mental, Social and Economic abuse. Loneliness, isolation has adverse impact on the overall health, making them vulnerable to undesired circumstances. Rapid Change in socio-economic conditions has led to intolerance, increasing the evils of family disagreements, domestic violence, financial insecurity and problems of residence and maintenance of old age persons / senior citizens.
To get access to justice and speedy justice is not easy. Indian Constitution promises certain rights to the senior citizens so they can live a dignified life. However, to secure the enforcement of these rights, senior citizens are required to go through the rigorous of costly and painfully slow process of law. To bypass these hardships there is need to provide more facilitative solution than customary recourse to law. Mediation as Alternate Dispute Resolution mechanism is emerging as a facilitative platform, a tool to resolve issues of senior citizens.
This research paper deals with Mediation as a best alternative to resolve the family matters, domestic disputes, property and financial issues of the senior citizens and thereby to protect and uphold their constitutional rights. This research paper aims to underline the importance of Mediation in achieving speedy and effective social justice by using ‘Uniform Trained Mediation Platform’ at the courts and tribunals. To maintain social harmony, it is essential to secure safety and dignity of elderly group who is the foundation of healthy society.
Original Research Article
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Aug. 31, 2025
25 Downloads
MEDIATION IN PROTECTING CONSTITUTIONAL RIGHTS OF SENIOR CITIZENS
Gargi Uday Warunjikar
DOI : N/A
Abstract
Certificate
This paper explores the constitutional framework and legal provisions in India concerning vulnerable groups, with a particular focus on indigenous communities, or Vanvasi. It examines how the Indian Constitution, through Fundamental Rights, Directive Principles of State Policy, and special legislations like the Forest Rights Act, PESA Act, and the SC/ST (Prevention of Atrocities) Act, aims to safeguard the rights and dignity of these communities. Despite these robust legal protections, indigenous groups continue to face systemic challenges such as displacement, deforestation, socio-economic marginalization, and exclusion from policy implementation. The paper critically assesses judicial interventions, historical stigma, and evolving government policies in addressing these issues. It calls for both effective execution of existing laws and a transformative shift in societal attitudes to genuinely include indigenous people as equal and respected members of Indian society. The work underscores the constitutional promise of justice—social, economic, and political—for all citizens, especially the most vulnerable.
Original Research Article
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Aug. 31, 2025
27 Downloads
UNIFORM CIVIL CODE –THE NECESSITY OF TODAY
Dr. Renuka M. Talokar
DOI : N/A
Abstract
Certificate
India is a secular country, secularism has been held to be part of the basic structure of the Constitution. The basic structure put limitation on power of Parliament to amend the constitution. India is a secular democratic republic. Freedom of Religion is core of our culture. Even the slightest deviation shakes the social fibre. However, if religious practice violate of human rights and taking away civil and material freedom are oppression and creates discrimination. Therefore, a unified Code is imperative both for protection of the oppressed and promotion of national unity and solidarity. It is clear from Art. 44 which state that the State shall endeavour to secure for the citizens a uniform Civil Code throughout the territory of India. If the personal law based on the religious thought will continue to operate, it would definitely cause injustice to the community.
Original Research Article
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Aug. 31, 2025
27 Downloads
EVOLUTION OF INDIAN CONSTITUTION: A HISTORICAL PERSPECTIVE
Dr. Balasaheb Bhanudas Kharat
DOI : N/A
Abstract
Certificate
The Indian Constitution is a remarkable document that forms the backbone of India's democratic framework. Its development was a complex and dynamic process, shaped by various historical, social, and political factors. This research article provides a comprehensive analysis of the historical development of the Indian Constitution, tracing its origins, key milestones, and significant amendments. It examines the influences of historical events, nationalist movements, and constitutional debates on the drafting and adoption of the Indian Constitution. The article also highlights the contributions of key figures, committees, and institutions involved in the constitution-making process. Through this comprehensive analysis, the article aims to shed light on the evolution and significance of the Indian Constitution in shaping India's democratic fabric. Article 368 of the Constitution does not prescribe any express limitation upon the parliament’s amending power, however the Supreme Court in Keshavananda Bharati v. State of Kerala (1973) declared that Article 368 did not enable parliament to alter the ‘Basic Structure or Framework’ of the Constitution. Vigorously debated since its inception, the doctrine continues to be a central feature of recent institutional contests over Constitutional identity and change. This paper examines the development and the scope of the doctrine of basic structure as a Constitutional safeguard and its reflection in the jurisprudence of some other countries.
Original Research Article
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Aug. 31, 2025
28 Downloads
WHEN AI LIES: WHO’S LIABLE?
Adv. Vyomesh Uday Warunjikar
DOI : N/A
Abstract
Certificate
Artificial Intelligence (AI) has seamlessly integrated into daily life, particularly through Large Language Models (LLMs) like ChatGPT, Gemini and others, which now influence legal research, writing and discourse. However, these models can produce misleading or fabricated content, a phenomenon called as “Legal hallucination”, posing serious challenges in high-stakes fields like law. This paper examines the legal implications of such hallucinations in the Indian context, questioning developer liability under existing regimes such as the Consumer Protection Act and Information Technology Act. It contrasts India’s legal vacuum with the European Union’s AI Act, which offers a more holistic approach. The paper advocates for regulatory reform, integration with verified legal databases, and the development of hallucination detection tools to ensure accountability and mitigate risk.
Original Research Article
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Aug. 31, 2025
28 Downloads
DIGITAL PARENTING AND THE CONSTITUTION: PROTECTING CHILDREN’S RIGHTS IN THE ONLINE WORLD
Sneha Rajendrakumar Jaiswal
DOI : N/A
Abstract
Certificate
In the digital age, children are growing up in an environment deeply influenced by online platforms, social media, and AI-powered games. While these technologies offer numerous educational and recreational opportunities, they also pose significant risks—ranging from digital addiction and mental health issues to exposure to harmful content and cyber exploitation. Despite these realities, the Indian legal and constitutional framework remains insufficiently equipped to address the vulnerabilities of children in virtual spaces. This research paper delves into the intersection of digital parenting, constitutional rights, and child safety, with a particular focus on the interpretation and application of Article 21 of the Indian Constitution. Through this lens, the paper seeks to explore the scope of children’s right to life, dignity, privacy, and safe digital environments.
The study highlights real-life cases that demonstrate the harmful impact of unregulated online content and emphasises the need for stronger parental awareness and legal safeguards. It also critically analyses the gaps in existing legal frameworks such as the Information Technology Act, 2000, and examines the role of statutory bodies like the National Commission for Protection of Child Rights. Drawing comparisons with global practices such as Children's Online Privacy Protection Act (USA) and the GDPR (European Union ), the research suggests policy and constitutional reforms aimed at fostering a child-centric digital ecosystem. By integrating constitutional protections with responsible digital parenting and corporate accountability, this paper advocates for a comprehensive approach to safeguarding children’s rights in the digital world.
Original Research Article
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Aug. 31, 2025
25 Downloads
FUNDAMENTAL DUTIES: FULCRUM OF A JUST SOCIETY
Viraj Deshpande
DOI : N/A
Abstract
Certificate
The Constitution of India is a living document that outlines the framework of the country's political, legal, and social ethos. It guarantees a spectrum of Fundamental Rights to its citizens, ensuring freedom, dignity, and equality. However, the framers of the Constitution also envisioned that a democratic society cannot be sustained solely on rights; it must be equally founded on duties. These duties, codified in Article 51A of the Constitution through the 42nd Amendment Act of 1976, serve as the bedrock of responsible citizenship.
While Fundamental Rights empower citizens, Fundamental Duties are the ethical obligations expected of them. Together, they form a holistic vision of participatory democracy. Yet, in the practical domain, Fundamental Duties have remained largely symbolic, lacking legal enforceability. This paper argues that elevating the role of Fundamental Duties from peripheral to central is essential to achieving a just and equitable society.
Original Research Article+
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Aug. 31, 2025
31 Downloads
ONE NATION- ONE ELECTION THE FALLACY OF SYNCHRONIZATION
Tanmay Avinash Deshmukh
DOI : N/A
Abstract
Certificate
One Nation-One Election (ONOE) is a proposed electoral reform in India aimed at synchronizing Lok Sabha and State Assembly elections to reduce the frequency of polls and streamline the electoral process. Historically, this synchronization was the norm until 1967, when disruptions occurred due to various factors such as defections, dismissals, and government dissolutions. The primary objective of ONOE is to save costs, ensure policy continuity, and reduce disruptions to development work caused by frequent elections. However, implementing ONOE raises challenges related to federalism, as it conflicts with India's status as a 'Union of States.' Additionally, the concept faces opposition from regional parties, who fear losing their focus on local issues in a national election. To implement ONOE, several constitutional amendments are needed, including changes to Articles 83(2), 85, 172, 174, and 356 of the Constitution. These articles govern the duration of the Lok Sabha and State Assemblies, the power of the President and Governor to dissolve the Lok Sabha and Legislative Assemblies, and the imposition of President's Rule in states, respectively. The paper also explores alternatives to ONOE, such as inviting the second or third leading person in the house to form a government if the government falls before completing its term, or switching to a Presidential form of Government. Overall, the implementation of ONOE is a complex issue that requires careful consideration and debate. The decision to adopt ONOE should be made with a consensus among political parties and thorough public discourse to ensure its compatibility with India's democratic framework.
Original Research Article
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Aug. 31, 2025
29 Downloads
TREATY DESIGN, REVENUE SOVEREIGNTY AND INVESTMENT FACILITATION: A CRITICAL EVALUATION OF INDIA’S DOUBLE TAXATION AVOIDANCE AGREEMENTS, WITH SPECIAL REFERENCE TO THE INDIA–MAURITIUS TREATY
Dr. Rohit Jadhav & Dr. Santosh Waghmare
DOI : 10.5281/erj.23659085
Abstract
Certificate
Double Taxation Avoidance Agreements (DTAAs) occupy a central position in the building of international tax law and in the investment strategy of capital-importing economies. This paper undertakes a critical evaluation of India’s treaty framework, examining the rationale for entering into DTAAs, their reconciliation with the domestic income-tax regime, and the structural weaknesses through which treaty benefits are diverted from their future beneficiaries. The study adopts a doctrinal and analytical methodology, drawing on secondary sources, statutory provisions and judicial statements, and employs the India–Mauritius treaty as an extended case study. The analysis finds that treaties enhance certainty, protect cross-border investment and strengthen administrative co-operation, but that the same instruments, when drafted without suitable anti-abuse safeguards, facilitate treaty shopping, double non-taxation and erosion of the source-country tax base. The paper concludes that India’s interests as a capital-importing developing economy are better served by a source-oriented treaty policy associated with the United Nations Model Convention, supported by anti-abuse provisions and periodic renegotiation clauses.