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STRENGTHENING LEGAL FRAMEWORKS: COUNTERING NARCO-TERRORISM IN JAMMU AND KASHMIR, WITH A FOCUS ON ADDRESSING PAKISTAN ROLE AS THE PRIMARY CHALLENGE BY: SARTHAK DHINGRA
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STRENGTHENING LEGAL FRAMEWORKS: COUNTERING NARCO-TERRORISM
IN JAMMU AND KASHMIR, WITH A FOCUS ON ADDRESSING PAKISTAN'S
ROLE AS THE PRIMARY CHALLENGE
AUTHORED
BY: SARTHAK DHINGRA
BA. LLB(H),
Amity University, Noida, India
ABSTRACT
For
decades, the war in Jammu and Kashmir (J&K) has been marked by violence,
unrest, and political insecurity. The rise of narco-terrorism has made things
even worse. This trend,
which is marked by the mutually beneficial relationship between terrorism activities and drug dealing, has added
a new layer to the conflict
and is a major threat to peace,
security, or progress in the area.
There is a lot of information in this paper
about drug-related crime in Jammu
and Kashmir, and it focuses
on Pakistan as the main problem. From historical, political, socio-economic, and legal points of view, the paper looks at
what led to the rise of narco-terrorism, what its effects are, and what they mean for the larger
conflict dynamics. Additionally, the essay looks at methods and suggestions for fighting drug-related crime and
encouraging peace, stability, and progress in Jammu and Kashmir.
Keywords: Jammu and Kashmir,
narco-terrorism, conflict, insurgency, Pakistan, terrorism, narcotics
trafficking, security, peace, development.
CHAPTER-1
INTRODUCTION
Jammu
and Kashmir (J&K) is a troubled area that faces several threats to its
security and stability, including
the chilling prospect
of narco-terrorism. The region's socioeconomic fabric has been weakened and violence has been
exacerbated by narco-terrorism, the dark web that connects terrorist acts with drug trafficking. Taking
advantage of the weak governance systems and open
borders, Pakistan has emerged as a major actor in this threat, which has grown
in recent years. Therefore, tackling
narco-terrorism in Jammu and Kashmir calls for an all- encompassing strategy, including strong, flexible, and
responsive legislative structures to deal with the ever-changing nature of the danger. The need to enhance legal frameworks is essential to the fight against narco-terrorism. To effectively tackle
this multifaceted situation, laws, acts, & articles must form the foundation
of any plan. Legal frameworks take on more importance in the context in Jammu and Kashmir, wherein the problem is
worsened by cross-border aspects.
Using Pakistan as an example, this article seeks to examine how legal
procedures might be crucial in the fight against narco-terrorism in Jammu and Kashmir,
Pakistan.
International
agreements, constitutional rules, and national legislation make up the legal weapons that Jammu and Kashmir might use to fight
narco-terrorism. The Narcotic
Drugs and Psychotropic
Substances Act, 19851 (NDPS Act) is a cornerstone law that establishes the legal parameters for the management and oversight of psychotropic and narcotic substances. Terrorist groups that get funds from the drug trade
will have their financial lifelines
severed by the NDPS Act,
which gives police the authority to investigate, prosecute, & punish drug traffickers. In addition, the UAPA gives
the government more authority to combat terrorist operations, particularly those that include
drug trafficking. groups involved in illegal operations, such narco-terrorism, may be labeled
as terrorist groups
under the UAPA, allowing
for severe
punishments for its members and backers. Furthermore, the establishment of special tribunals and courts is outlined, which
speeds up the trial process, guarantees speedy justice, and discourages wrongdoers.
India has been an active participant in international efforts
to fight terrorism
and drug trafficking by signing a number of
agreements and protocols in this area. Important tools for encouraging international cooperation in
the battle against narco-terrorism include the United Nations Convention against
the Illicit Traffic
in Narcotic Drugs with Psychotropic Substances2 (1988) and the International Convention
on the Suppression of the Financing for Terrorism (1999). In response to the global nature of narco-terrorism,
particularly that which originates in
Pakistan, India has reiterated its support for these conventions, which call
for joint efforts and mutual aid.
In
addition, the Indian Constitution's Article 3703 and the legislative structure that
governs Jammu and Kashmir take on
importance while discussing the fight against narco-terrorism. Even if Article
370 was repealed
in 2019, its consequences still impact the regional legal
scene. Thanks to the
repeal of Article
370, federal laws, such as those dealing
with anti-terrorism and drug control, have been extended to Jammu
and Kashmir, bringing it into line with the larger legal framework for the Indian Union. The enforcement procedures
have been reinforced and state and federal authorities have been able to coordinate more effectively in their fight against narco-terrorism as a result of
this integration.
Combating
narco-terrorism into Jammu and Kashmir is very difficult, even with strong
legal frameworks in place. This is
mainly because of Pakistan's destructive role as a terrorist state. In order to achieve its territorial
aspirations, Pakistan has strategic goals of sowing instability and maintaining bloodshed, which highlight
its involvement in supporting narco-terrorism in the area. It is well known that drugs trafficking is a
significant source of income for terrorist organizations like Lashkar-e-Taiba (LeT) & Jaish-e-Mohammad (JeM) and that there is a close
relationship between
Pakistan's intelligence services
and these groups.
The
difficulties faced by law enforcement in Jammu and Kashmir are further
intensified by Pakistan's use of
cross-border networks as secure havens. Terrorist organizations are able to keep running their activities and causing havoc in the area because
of the weak Line of Control
(LoC), which allows drugs and weapons
to be smuggled. The already
difficult task of combating
narco-terrorism is made much more so by Pakistan's official propaganda and misinformation activities, which aim to
divert attention away from the country's responsibility and its actions.
Finally,
a combined effort to fortify legal frameworks, boost international
collaboration, and tackle the
principal threat offered by Pakistan is required to combat narco-terrorism
across Jammu and Kashmir. The
narco-terrorism supply chains, terrorist networks, and the security and integrity by the area may be disrupted
and destroyed by India via the use of existing laws, acts, or articles, and strong enforcement mechanisms. The
persistent danger from Pakistan, however,
highlights the need for a comprehensive approach that deals with narco-terrorism from every angle, including its sources
and manifestations in ideology and state support. The only way to end the drug war and bring about long-term
prosperity and peace within Jammu and Kashmir is for everyone to be vigilant, work together, and be determined.
CHAPTER-2
LITERATURE REVIEW
DRUG ADDICTION A MAIN SOCIAL
ISSUE IN UT OF JAMMU AND
KASHMIR: A MINI REVIEW.
International Journal of Contemporary Issues in Social Sciences,
Malla, M. A. (2023)
The societal
effects of drug abuse on the Union Territory
of Jammu and Kashmir are examined in this review study. Drug addiction was a serious problem that
affects people all over the world. This is a major issue in Jammu and
Kashmir, as it is in many other places affected by political unrest and violent conflicts. Substance abuse,
especially in the Kashmir valley, has supplanted political
unrest as the most pressing social issue4. Having consequences
on individuals, psychology,
healthcare, economics, and government, it has had adverse effects on the whole Kashmiri community. Substance abuse and its societal effects
are major problems in the Kashmir
valley, although they get little attention. Considering this, the objective of
this piece is to investigate the societal effects
of substance abuse in the Kashmir area.
Primarily, the research relied on secondary sources to
achieve its goals. Researchers found
that drug abuse has messed with people's
social lives, healthcare systems, societal
structures, household dynamics, and social order. The incidence of violence, criminality,
suicidal ideation, social isolation,
anxiety, stress, and overdose fatalities have all risen as a result. Because of it, anti- national
actions have flourished, and law and order are under jeopardy. Rug addiction is a multi-
faceted, worldwide problem.
For both rich and poor countries, it poses a dilemma and an obstacle. The National Institute
on Drug Abuse states that "drug addiction is a chronic, relapsing disorder characterized by compulsive drug seeking and use despite
adverse consequences" Worldwide,
there has been a rise in the
prevalence of drug addiction, particularly among young people (Carpentier, et
al., 2019).Adolescents and younger youth make up the bulk of drug users and are particularly
vulnerable
to their consequences (UNODC, 2020). An
estimated 284 million persons used drugs
worldwide, with 38.6 million having a drug use problem, according to the World
Drug Survey report (Vindobona, 2022). This is a highly
concerning situation in the global
drug scene. The most often misused drugs in the
world include cannabis, opioids, narcotics, sedatives, hallucinogens, & stimulants (SAMHSA, 2013). Afghanistan, Jammu and Kashmir, and other politically unstable and
terrorist-affected countries have seen an escalation of the issue across many continents (UNODC, South Asia, 2009).
The research suggests that areas with poor law
and order, such as those affected by terrorism or conflicts, may have
higher rates of drug manufacturing
and use (Hanna, 2017; and Reitano, 2020). Addiction to drugs has also grown commonplace in Kashmir as a consequence of
the political unrest and protracted military war, which has had far-reaching effects on the local population.
Addiction to drugs is devastating for everyone
involved. According to research, substance addiction is a psychological and social issue that has far-reaching consequences for all segments of society (Ayoub,
2011). Individuals, as well as societal, economic,
educational, environmental, legal, and health-related concerns, are negatively impacted
(Darang, 2021). But studies have shown that drug addiction's psychological and social effects are much more harmful and
pervasive than those of other problems
(Fox et al., 2013). Substance abuse
has far-reaching psychological and social consequences, as highlighted
in numerous studies (e.g., WHO, 2012, and Alhadi Hasan, 2019; or Rehman et al., 2022) that include, but are not limited to, social isolation, anxiety, depression, family disruption, domestic violence,
crime rates, overdose deaths, road accidents, suicides, and anti-national activities. Overdose fatalities, HIV infections, and other physical
and mental health
consequences are common outcomes of drug use, which in turn
has a negative effect on the healthcare system as a whole (Weinbaum,
et al, 2005; Ritchie & Roser, 2018).
Thievery,
burglary, robbery, violence, murder, attacks, threats,
and narcotics smuggling are just a few of the numerous
criminal and anti-social behaviors that stem from drug addiction (INCB,
2003; Bennet and Holloway, 2009). There is a concerning correlation
between drug usage and suicide
rates (Ashrafioun, et al., 2017 & Borgschulte, et al., 2018).
Suicidal thoughts and other negative ideas are more common among drug users who are addicted, according to the literature (Poorolajal et al., 2015; Chan et al., 2016; and Breet et al.,
2018).Because it disrupts social order, threatens
national security,
and destabilizes peace and stability, it affects every
aspect of communal life (Patil and Pandey, 2022).
Worani and Shankar (2016), Jones et al. (2019), and Richert et al. (2020) all found that drug addiction leads to a
host of psychological difficulties, such as stress, anxiety,
sadness, social phobia,
fear, stigma, and isolation. Serious
societal
implications
are being imposed by the rising heights of drug addiction in Kashmir. The personal, societal, economic, health,
educational, and political spheres are only a few of the many affected areas.
But thus far, research in the area has only looked at a few of factors.
This is why the
psychological and social effects
of drug abuse are often overlooked.
CHAPTER-3
HISTORICAL CONTEXT OF NARCO-TERRORISM IN
JAMMU AND KASHMIR
The
number of heroin-related drug seizures in Jammu and Kashmir (J&K) increased
from 3,000 in 2017 to over 10,000 in
2022, a 2000% increase.1 The most recent incident occurred in August 2022 in the Samba area when the Border Security
Force (BSF) seized
eight packages of heroin, valued at Rs 8 crores, after a
wounded terrorist's flight to Pakistan. The J&K police have already confiscated illicit goods
valued at hundreds of crores of rupees this year, mostly in the areas of Shopian and Pulwama. From 2018 to 2021, the net infiltration through the border
decreased by more than 75% and the amount of terrorist events decreased
by more than 80%, according to the Ministry for Home Affairs
(MHA)5.
The security forces have been successful in
eradicating infiltrators of the Line de Control, but the drug scourge remains.
A specialized National Investigation
Agency (NIA) court inside Baramulla received a charge sheet in April 2022 against nine persons, including three
Pakistani handlers and their six agents in Kashmir. The case revolved on the 2021 seizure of a large quantity of
firearms, drugs, and ammunition. According
to the court records, the individuals apprehended were involved in a criminal organization that imported
narcotics, firearms, and ammunition.
Three
individuals, one of whom was a female, were apprehended in Kupwara in May 2022 during an operation involving the 7th
Rashtriya Rifles also the local police. They were found in possession of seven kilos of drugs,
including heroin, and two IEDs.
The terrorists' cause was being advanced as these goods were moved to other parts of the Kashmir valley6.
The Lashkar-e-Taiba (LeT) cell that was distributing narcotics proceeds to its jihadist
affiliates was busted
by the J&K police in
June 2022. Terrorists' weapons, trucks, and ammunition were
seized by the police.
Opium has also been transported into J&K using drones.
In
addition, Pakistan has been implicated in the interstate drug and terror
networks. Following the recovery
of Rs 43 lakhs from a cab en route towards Kashmir
in November 2021, the J&K State Investigation Agency (SIA) charged
five persons in July 2022 with terror funding.8 Pulwama native Muzammil
Ahmad Malik was the operation's lynchpin; he was also responsible for collecting money from Punjab-based criminals such Amarbir Singh and assuring the safe passage to his fellow
terrorists. According to reports, Baljinder Singh, also known as Billa Mandiala, is an infamous guns and drugs dealer
who is associated with Singh. Singh
is suspected of involvement in more than 23 First Information Reports (FIRs)
including extortion and murder.
CHAPTER-4
LEGAL FRAMEWORKS AND COUNTER-NARCO- TERRORISM STRATEGIES
There
is strong support and cooperation among the three main international drug
control treaties: the 1971 Convention
on Psychotropic Substances, the Single Convention in Narcotic Drugs (as amended
in 1972), and the 1988 United Nations
Convention toward Illicit
Traffic in Narcotic
Drugs along with Psychotropic Substances.
To prohibit
their diversion into illegal channels
while also ensuring
the availability of psychotropic
chemicals and narcotics for research and medicinal uses, the first two treaties codified globally applicable control
procedures. Drug misuse and illegal drug trafficking are also addressed in these
documents. International cooperation regarding criminal matters,
including extradition or mutual legal assistance, is strengthened by the
1988 United Nations Convention
against Illicit Trade within Narcotic Drugs and Psychotropic Substances, which expands the control regime to precursors,
combats illicit drug trafficking along with money- laundering, and
establishes measures to combat
these issues.
The International Narcotics Control Board and the Commission on Narcotic Drugs7 are entrusted
with crucial responsibilities under
the three treaties: The 53-member
Commission of Narcotic
Drugs, appointed to four-year terms by the Council on Economic and Social
Affairs, is in charge of drug
policy, including tracking international patterns in drug addiction and trafficking. Resolutions on new
coordinated actions or agreed policies that more effectively handle
the drug issue are adopted
and recommended for approval by this functional committee
7 United Nations Office on Drugs and Crime. (n.d.).
International Narcotics Control
Board (INCB). UNODC.
https://www.unodc.org/lpo-brazil/en/drogas/jife.html
of
the Council on Economic and Social Affairs, which in turn submits them to the
General Assembly for review via the
Council. It determines if schedule revisions or deletions are necessary, as well as whether new
compounds should be added to one of the convention schedules.
Thirteen
individuals, chosen by the Economic and Social Council for five-year
terms based on their competence, serve in the personal
capacity as members of the International Narcotics Control Board, a permanent and autonomous organization. When necessary, the Board advises
the States on how to best put the conventions into practice.
Additionally, it evaluates global demand
for legal narcotics with an eye toward adjusting production to meet that need,
and it oversees statistical drug
control using data provided by governments. For the Commission about Narcotic Drugs and the Council of
Economic and Social Affairs, it compiles data on illegal trafficking and presents a yearly report
detailing global trends.
CHAPTER-5
STRATEGIES TO
COUNTER NARCO-TERRORISM &
CONCLUSION
A complex strategy addressing the interrelated problems of terrorism,
drug trade, and official support is necessary to counter Pakistan's involvement in narco-terrorism. A number of terrorist organizations in Pakistan have been
linked to narco-terrorism, which has worsened security concerns in the area and worldwide. This article will examine political, economic, and security
approaches, along with international collaboration and capacity-building initiatives, to combat Pakistan's involvement in
narco-terrorism.
ü
The Influence of Diplomats:
To bring attention to Pakistan's involvement in narco-terrorism and to
secure international backing for
responses, diplomatic pressure is essential. By using diplomatic channels,
narco- terrorism-affected countries like India and Afghanistan might bring attention
to Pakistan's role in assisting
terrorist organizations involved
in drug trafficking. Additionally, they may collaborate with regional and global
bodies like the EU and the UN to demand resolutions denouncing Pakistan's behavior
and diplomatic sanctions on the country.
ü
Sanctions
on the Economy:
To put pressure on Pakistan to stop funding terrorist organizations, targeted economic
sanctions upon
narco-terrorism actors and organizations might be used. Entities associated
with narco- terrorism may face trade
restrictions, asset freezes, and limitations on financial activities. In order to undermine the financial networks
of terrorist groups,
international financial institutions like the Financial Action
Task Force8 (FATF) may play a crucial role in
overseeing and implementing these penalties.
ü
Border Security
Enhancement:
In order to stop the flow of illegal products
and terrorists, it is crucial
to beef up border security
measures and intercept
drug trafficking routes.
Border security agencies
in Pakistan's neighboring countries, especially India
and Afghanistan, may work together more effectively if they increase border monitoring, use cutting-edge technology,
and coordinate better. To further
strengthen border security capabilities & discourage criminal operations
that cross borders, investments in infrastructure and
staff training are recommended.
\
ü
Collaboration on Counter-Terrorism:
In
order to dismantle terrorist networks that are engaged in narco-terrorism, it
is necessary for the impacted
nations to enhance
their counter-terrorism cooperation. The efficiency of counter- terrorism measures or the capture of drug
traffickers and terrorist operators may be enhanced by the sharing of intelligence, joint operations, the coordinated efforts
of law enforcement. One way for member nations to work together
is via regional organizations like the Shanghai Cooperation Organization (SCO) or the South Asian Association of
Regional Cooperation (SAARC).
ü
Assistance with Technical Matters
and Capacity Development:
If
nations want to strengthen their defenses against narco-terrorism, they must
receive aid in the form of technical
knowledge and capacity-building initiatives. Some examples of these include bolstering legislative frameworks
to punish narco-terrorism-related crimes, educating law enforcement officers, and improving forensic and
investigative capacities. Supporting capacity-building initiatives might be international organizations like INTERPOL
and the
8 Financial Action Task Force. (n.d.). FATF - Financial
Action Task Force. https://www.fatf-gafi.org/en/home.html
ü
Advocating for Non-Traditional Revenue
Streams:
Supporting other means of subsistence for populations susceptible to
terrorist recruiting is an important
step toward resolving the socioeconomic factors that contribute to
narco-terrorism. Alternatives to drug
trafficking & terrorism may be created via investments in economic development initiatives, job training, and
education. Communities may be better equipped to fight terrorist groups and end the vicious cycle of poverty and
violence if they are actively involved
in and participate in resilience-building projects.
ü
Aid for Humanitarian Causes and Development:
The socioeconomic inequalities and grievances that give rise to narco-terrorism may be mitigated with the help of humanitarian
aid and development aid sent to areas impacted by conflicts. Investments in healthcare, education, and
infrastructure development may enhance social
cohesiveness and livelihood prospects. Supporting democratic principles, legal
order, and human rights may help build a stable society that can withstand the rise of radical ideas.
ü
The Role of Public Diplomacy
in Combating Disinformation:
Delegitimizing narco-terrorism and weakening terrorist
organizations' narrative requires
engaging in diplomatic activity and combating terrorist propaganda. To
bring attention to the repercussions of terrorism & drug trafficking, countries impacted by narco-terrorism might use both conventional and digital media
venues. A powerful tool against violent extremism is the promotion of stories of
tolerance, resilience, and peace within communities.
To stop Pakistan from being a part of narco-terrorism, we need an organized, all-encompassing plan that targets the causes of terrorism along with drug
crime. Countries that are affected by narco-terrorism can break up the networks
that support it and promote
stability, peace, and
9 United Nations Office on Drugs
and Crime. (n.d.).
International Narcotics Control
Board (INCB). UNODC.
https://www.unodc.org/lpo-brazil/en/drogas/jife.html
growth
in the area by using economic penalties, political pressure, and increased
security measures. Spending money on
building people's skills, encouraging other ways to make a living,
and fighting terrorist
propaganda can also give communities the tools they need to stand up to terrorist groups and become less vulnerable to terrorism.
CONCLUSION
Jammu and Kashmir (J&K) has been in a conflict for decades, with
decades for violence, instability, or
political insecurity. The conflict is caused by a complicated mix of things,
such as old grudges, political
disputes, interference from other countries, and the rise of narco- terrorism. Trafficking drugs and terrorism
in the area have made the conflict worse by adding a new layer to it. This has made things more tense and is a
major threat to peace, security, and economic
development in J&K. As we come to the end of our look at this complicated problem,
it is important to think about how complicated things are and look for ways to deal with narco- terrorism and the larger
conflict patterns in J&K. One of the most important
things we learned
from our research is how important it is for outside players, especially
Pakistan, to keep up drug trafficking and the war in the Kashmir
Valley going. Pakistan has long supported
terrorist groups and proxy wars in the area in order to weaken Indian rule over Jammu and Kashmir and further
its own strategic goals. This has led to the spread of narco-terrorism and kept
violence and unrest going. Because
Pakistan is involved
in supporting narco-terrorism, the whole world needs
to put pressure on Pakistan and try to get it to stop helping terrorist groups
that operate in J&K
through political and other
means.
Furthermore,
looking into the causes of the uprising in J&K made us realize how
important it is to deal with root problems
like political unhappiness, social and economic inequality, and religious extremism. Political discussion and negotiation have not been able to end the Kashmir dispute or meet the needs of the people
about J&K. This has led to a downward spiral of violence and insecurity that has made radical ideas and violence
easier to spread. Promoting open
government, socio-economic development, and healing are important ways to deal
with the problems that led to
the war and make the area a better place for peace and security.
Narco-terrorism
has effects on the people of the Jammu and Kashmir region that go beyond security
and have deep social and economic
effects on them. The
increase in drugs has led to
more addiction, drug abuse, and social decline,
making problems worse and destroying community unity. Also, the link between drug trade and terrorism
keeps bloodshed and unrest going,
which makes it harder to support economic growth, bring in investment, and
reduce poverty in the area. To deal with the societal and economic aspects
of narco-terrorism, we need a broad strategy that targets underlying
inequality, encourages alternative ways of making a living, and makes sure that vulnerable groups have access to
education, healthcare, or social services.
Our study also showed how important it is to improve legal structures and
police methods in order to
effectively fight narco-terrorism. Laws like the Narcotic Drugs as well as Psychotropic Substances Act are in place
to control and regulate drug trade, but they are still hard to police because of governmental flaws, a lack of
resources, and corruption. Also, because
narco-terrorism happens across borders, national and international law
enforcement organizations need to
work together and coordinate their efforts more. This is because they often have to deal with problems
related to authority and political issues
when they try to fight the problem successfully.
To
deal with drug trafficking and the strife in Jammu and Kashmir in the future,
we need a comprehensive plan that includes
political, economic, social,
or security aspects.
The Kashmir issue needs to be solved diplomatically,
and India and Pakistan need to be encouraged to talk to each other. This will help get to the bottom of the conflict
while making the area more peaceful
and stable. Promoting open government, socio-economic development, and healing are also
very important for dealing with root problems
and fighting the radical
ideas that cause
violence and unrest in J&K.
To
stop the flow of drugs and break up terrorist networks in the area, it is also
important to improve international
cooperation and planning, especially between countries that are touched by narco-terrorism and global crime
syndicates. To successfully fight narco-terrorism, we need strong
political will, adequate
resources, and help from other countries in order to improve law frameworks, police methods, and institutional capabilities. To sum up, fighting drug trafficking and the violence
in Jammu and Kashmir needs
a broad, well-coordinated approach that handles
underlying complaints, encourages equitable development, strengthens
legal frameworks, or improves
cooperation between countries. Stakeholders can create a good environment for peace, security, and prosperity within
J&K by solving the reasons of the conflict and stopping the spread of narco-terrorism. This will
eventually help the people of the area achieve their hopes for a prosperous and peaceful future.
Article Information
STRENGTHENING LEGAL FRAMEWORKS: COUNTERING NARCO-TERRORISM IN JAMMU AND KASHMIR, WITH A FOCUS ON ADDRESSING PAKISTAN ROLE AS THE PRIMARY CHALLENGE BY: SARTHAK DHINGRA
Authors: SARTHAK DHINGRA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/24
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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