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PEER-REVIEWED • OPEN ACCESS • ESTABLISHED 2014

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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Technology Law
LEGAL CHALLENGES IN IMPLEMENTING DIGITAL TAXATION...
Harshitha S
Technology Law8 min
Gender Justice/Labour Law
Punishment Or Redemption? Reassessing The Death P...
Ayesha Nezami
Gender Justice/Labour Law8 min
Family Law
DOWRY, MARITAL VIOLENCE AND DOWRY DEATHS - THE LE...
Maitreyi Singh
Family Law8 min
Constitutional Law
HUMAN TRAFFICKING IN INDIA: A COMPARATIVE ASSESSM...
Ragini Singh
Constitutional Law8 min
Public Health
T. Sandhiya & K. Rajesh Kumar - Women’s Safety La...
T. Sandhiya
Public Health8 min
Gender Justice/Labour Law
Women's Safety Laws In India: Constitutional Pers...
M. Divyapriya
Gender Justice/Labour Law8 min
Technology Law
Cyber Crime And Information Technology Act 2000 I...
S. Naveen
Technology Law8 min
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Digital Due Process and the Right to Explanation

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Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

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Judicial Review of Automated Welfare Systems

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Technology Law

LEGAL CHALLENGES IN IMPLEMENTING DIGITAL TAXATION FRAMEWORKS

The rapid expansion of the digital economy has exposed structural limitations in traditional international and domestic tax frameworks. Digital businesses can generate substantial economic value in jurisdictions without maintaining a conventional physical presence, challenging established concepts of nexus, permanent establishment and source-based taxation. This paper examines the principal legal challenges in implementing digital taxation frameworks, with particular attention to India, the European Union and the United States, and evaluates their relationship with the OECD/G20 Inclusive Framework and the Two-Pillar Solution. The study follows a doctrinal legal research approach. It analyses legislation, judicial decisions, tax treaties, government and institutional materials, scholarly literature and international initiatives concerning digital taxation. The study focuses on the evolution of digital taxation, unilateral measures such as India's Equalisation Levy and European Digital Services Taxes, Significant Economic Presence, jurisdictional conflicts, compliance and enforcement problems, and the role of artificial intelligence, blockchain, big-data analytics and automation in tax administration. The analysis indicates that the principal difficulties are jurisdictional ambiguity, fragmented unilateral measures, double-taxation risks, compliance burdens, treaty interaction, enforcement across borders, data governance and the rapid emergence of new digital business models. The OECD's Two-Pillar framework offers a route toward greater international coordination, but implementation requires sustained cooperation, domestic legislative alignment and effective administrative capacity. The paper recommends harmonised legal definitions, coordinated international rules, simplified compliance, stronger data-protection safeguards, technologyassisted enforcement with due-process protections, and adaptive regulation for emerging digital sectors.

Harshitha S
8 min 2
Gender Justice/Labour Law

Punishment Or Redemption? Reassessing The Death Penalty Through The Lens Of The Rarest Of The Rare Doctrine And Reformative Justice

The death penalty is the law’s most irreversible act. It is also its most contested. Im imposing death, the state does not merely punish but it forecloses every future possibility of the person it executes, including the possibility of change. This irrevocability is what makes capital punishment philosophically distinct from every other sanction in criminal law’s arsenal, and what makes the question at the heart of this article both legally urgent and morally inescapable: ought the justice system prioritize penalization, or ought it invest in the possibility of human reformation? This article critically examines this framework by explosring the judicial standards that were set with the ‘ Rarest of the Rare’ doctrine and operationalised further in cases like Machhi Singh and more. It further examines the international standards which have been working on its abolition and its progressive narrowing which reflect a global legal order increasingly uncomfortable with the state-sanctioned death. Thsi article interrogates whether the rarest of the rare doctrine has functioned as a genuine constitutional safeguard or merely as a rhetorical containment. It asks whether international law provides a more principles basis for limiting or abolishing capital punishment and it engages seriously with the reformative justice paradigm: whether criminal culpability extinguishes the capacity for moral change or not. This article arrives at a no prescriptive conclusion but argues that unresolved tension between retribution and redemption is a gap that law cannot afford to leave.

Ayesha Nezami
8 min 6

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