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    • “THE CONSTITUTIONAL CHILD”: CONSTITUTIONAL COURT & DIGNITY JURISPRUDENCE ON CHILD IN SOUTH AFRICA

      Sanu Ranjan, 5th Year Student at Chanakya National Law University, Patna John Murungi, in her sublime remarks, puts out the Humanity Jurisprudence of the South African Constitution by stating that, “Each path of jurisprudence represents an attempt by human beings to tell a story about being human. Unless one discounts the humanity of others, one must admit that one has something in common with all other human beings. What is essential to law is what secures human beings in their being. The pursuit and the preservation of what is human and what is implicated by being human are what, in a particular understanding, is signified by African jurisprudence.” The South African Constitutional Court in M v The State[1], profoundly evolved the ‘rich jurisprudence of child rights’, with Sachs J. speaking for the court eloquently observed the Constitutional Rights of Child enshrined under Sec. 28 as, “Every child has his or her own dignity. If a child is to be constitutionally imagined as an individual with a distinctive personality, and not merely as a miniature adult waiting to reach full size, he or she cannot be treated as a mere extension of his or her parents, umbilically destined to sink or swim with them. The unusually comprehensive and emancipatory character of section 28 presupposes that in our new dispensation the sins and traumas of fathers and mothers should not be visited on their children. Individually and collectively all children have the right to express themselves as independent social beings, to have their own laughter as well as sorrow, to play, imagine and explore in their own way, to themselves get to understand their bodies, minds and emotions, and above all to learn as they grow how they should conduct themselves and make choices in the wide social and moral world of adulthood. And foundational to the enjoyment of the right to childhood is the promotion of the right as far as possible to live in a secure and nurturing environment free from violence, fear, want and avoidable trauma.” The Constitutional Court of South Africa in The Teddy Bear Clinic for Abused Children v Minister of Justice and Constitutional Development[2], infused the dignity of the child in sec. 10 of the Constitution, as the Court, speaking through Khampepe J.observed that, “Section 10 of the Constitution provides that “[e]veryone has inherent dignity and the right to have their dignity respected and protected.” While dignity is a cornerstone of our Constitution, it is not easily defined, at least in legal terms. Suffice it to say that dignity recognises the inherent worth of all individuals (including children) as members of our society, as well as the value of the choices that they make. It comprises the deeply personal understanding we have of ourselves, our worth as individuals and our worth in our material and social context. This Court has found that children’s dignity rights are of special importance and are not dependent on the rights of their parents. Nor is the exercise by children of their dignity rights held in abeyance until they reach a certain age.” The Court further expounded the ‘jurisprudential nature of right’ and the ‘interpretive role of court’ with respect to the constitutional enumeration referring to Children in Sec. 28 by observing that, “The ambit of the provisions is undoubtedly wide. The comprehensive and emphatic language of section 28 indicates that just as law enforcement must always be gender-sensitive, so must it always be child-sensitive; that statutes must be interpreted and the common law developed in a manner which favours protecting and advancing the interests of children; and that courts must function in a manner which at all times shows due respect for children’s rights. These considerations reflect in a global way rights, protection, and entitlements that are specifically identified and accorded to children by section 28. They are extensive and unmistakable. Section 28(1) provides for a list of enforceable substantive rights that go well beyond anything catered for by the common law and statute in the pre-democratic era.”[3] Further explaining the “Best Interest of Child” Principle as mentioned in Sec. 28(2) of the Constitution, being ‘paramount importance’ in consideration of Child Rights observed that, “Section 28(2) requires that a child’s best interests have paramount importance in every matter concerning the child. The plain meaning of the words clearly indicates that the reach of s 28(2) cannot be limited to the rights enumerated in s 28(1) and 28(2) must be interpreted to extend beyond those provisions. It creates a right that is independent of those specified in s 28(1). [Therefore], it will be noted that [it is] a right, and not just a guiding principle. It was with this in mind that this Court in Sonderup referred to section 28(2) as “an expansive guarantee” that a child’s best interests will be paramount in every matter concerning the child”[4] The Court emphasised the duty of the state as pares parentis to take care of child in cases of breakdown of family, by observing that, “No constitutional injunction can in and of itself isolate children from the shocks and perils of harsh family and neighbourhood environments. What the law can do is create conditions to protect children from abuse and maximise opportunities for them to lead productive and happy lives. Thus, even if the State cannot itself repair disrupted family life, it can create positive conditions for repair to take place.”[5] Therefore, if it were to be seen of a Jurisprudence that serves the ‘progressive realization’ of Rights of ‘Constitutional Child’, the true ‘Constitutional Homage’ must be paid to the South African Jurisprudence which has recognized the ‘positive enumeration’ in constitution not merely as directive principles’ but as ‘a guaranteed and enforceable right’ of the Children, making it as ‘basic norm’ of its dignity jurisprudence in regard to the Child & its Childhood, that respect the “inherent worth of Child as a Child itself”. References [1] CCT 53/06 [2007] ZACC 18 [2] CCT 12/13 [2013] ZACC 35 [3] Supra, note 1 [4] Supra, Note 1 [5] Ibid. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

    • MINOR EMANCIPATION LAWS AND ITS SCOPE IN INDIA

      Himanshu Raj, 3rd Year Student at Chanakya National Law University, Patna INTRODUCTION India is the second-most populous country in the world with rich cultural diversity is going through social and economical changes. Since the country is going through the development phase so certain things are changing and here for the law also. Law in India primarily evolved from customary practices and religious prescription to the modern well codified acts and laws based on a constitution. In India, we consider the child as minor until he/she crosses the age of 18. Under the majority act of 1875 certain limitations shall be there with children like they cannot enter into a contract, cannot legally separate from the parents. After attaining the age of majority they are allowed to live their life as they wish. For the last few years, there is constant discussion and debates held on this topic that whether children should be allowed living as per their choice or not. For that here we discuss the Emancipation, as per the Cambridge Dictionary meaning of this word is that to give people social or political freedom and rights. For example, in the US minors have some rights to consent to medical procedures without parental consent or emancipation, under the doctrine of the mature minor[1] POSSIBILITY OF MINOR EMANCIPATION AND ITS RELATED LAWS IN INDIA As already stated India is a country of cultural diversity and people living here are of a different mindset. The very rationale behind putting the children below the age of 18 under minor is they have not attained a sufficient level of maturity. This clearly signifies that the Indian legal system has the view that these children below the age of 18 years are not in the capacity to think what is right and what is wrong. The scenario is different in other foreign countries, their law gives the right to the children that they can legally separate from their parents, that is they can be divorce their parents. This means that many foreign countries recognize minor emancipation laws valid. We have seen that the durability of marriages in foreign countries is often less and due to this child equally suffers. Emancipation laws give them the right to choose their own life and avoid these unwanted situations. Indians are considered to be deeply rooted in their values and tradition. We show responsibilities towards our marriage, children, and other social causes. Children in India receive better parental care than most of the countries. In India the parents have some responsibilities over their child, they should provide them with good health, education, morality. This is indicative of the fact that the situation of children and their childhood is much better than in many countries. This is the primary reason why still India is not needed for emancipation laws. This law may create chaos in the country since people living here are of different mindsets and ideologies. Further, we have an ample number of laws that ensure freedom and give the right to live with dignity. Many jurists have pointed out that there is no need for Emancipation laws if we already have provisions like Article 21 and 19. POSITIVE ASPECTS OF MINOR EMANCIPATION AND ITS RELATED LAWS We have discussed how this type of law is not needed in India and creates a chaotic situation but we cannot ignore their positive aspects. Being a sovereign nation we have always promoted individual liberty and choice. The Constitution of India clearly lays some provision that ensures these things in society. Supreme Court has also in many judgments upheld the individual choice. At the time when the Emancipation becomes legal for the minor, they can make their own decisions irrespective of their parent's view, they can make their own decisions.[2] It is unfortunate that most of the legislations related to children are only in paper and never put into due and proper implementation. We have to understand that in certain cases emancipation laws are required. For example, the children of the prisoners are made to live in the prisons along with the father or mother. The condition of the children admitted in Homes is more pathetic since either the Authorities or the Superintendent of the Home misuse the children for perverse body requirements.[3] The Government is always under the apprehension that any changes in these legislations should not lead to easing human trafficking. Hence the date is too far for emancipation law coming to our country. Thank you for your interest in the children. In many cases, we have seen that due to extra pressure children at very young age gains sufficient level of maturity and understanding. We cannot ignore the fact that many children lost their parents or in any case forced to live under guardianship, aren't receiving good parental care. But due to the laws, they are forced to live under the guardianship. This minor law of emancipation will ensure their freedom and right to choose life as per their wish. CONCLUSION AND SUGGESTIONS After throughout the study we may come to the conclusion that In India emancipation laws are not required right now but we cannot disagree from the point that in certain cases it provides liberty, choice, and freedom. We have seen that in many cases where children are kept in guardianship or in prison along with his mother/father, they cannot receive good parental care. If emancipation law comes into force, this will provide the freedom to love the way of life as per their wish. From this, we may conclude that emancipation laws are required in certain cases and it will be provided only be testing the reasonableness of that child. In India where we always promote individual liberty, we should also come up with the provisions of minor emancipation laws for certain exceptional cases. References [1]Legal issues in pediatrics and adolescent medicine by Angela Roddey Holder, Yale University Press, 1985, page 133 [2]Knapp, Victor (1983). International Encyclopedia of Comparative Law, Chapter 3. Martinus Nijhoff Publishers. p. 42. ISBN 9024727871. Retrieved 11 February 2018. [3] J. Anderson, Sailing Alone: Teenage Autonomy and Regimes of Childhood, 31 L. PHIL, 522, 524 (2012). (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

    • COVID - 19: STRENGTHEN FAMILY BONDS VERSUS DOMESTIC CONFLICT & VIOLENCE

      By- Shantanu Dixit, Student at National Law University, Nagpur “Our greatest glory is not in never falling – But in rising every time we fall” - Confucious INTRODUCTION With the world in lockdown, for the same, being at home is as dangerous as being outside. Along with its immediate health risks, COVID-19 has brought with it many uncertainties & some challenging lifestyle changes. The upsurge in the cases of domestic violence is being the most detrimental element. It does not discriminate. It takes place inside all ranges, ethnic backgrounds & monetary levels. Moreover, the shelter-in-place orders, loss of lives & market volatility have led to elevated anxiety levels for many of us. Amid the turmoil, however, this unexpected shelter-in-place lifestyle has also produced a silver lining. It has given many of us something we have lacked for years. With social activities on hold, student’s home from school & for many, a commute just down the hall to the office, COVID-19 offers a unique opportunity, the time to focus on our familial commitments, culture & vision, and at the same time to strengthen them. COVID-19: BLESSING IN DISGUISE While this time of shelter-in-place orders due to COVID-19 can pose challenges to families now confined together in closed quarters, this current crisis presents families with a unique opportunity: to slow down, spend quality time together & strengthen family bonds. Going from a scheduled jam-packed with practices, games, performances & playdates to a seemingly unending day, “stuck at home” in fact offers families a precious commodity; time to kids and even grandparents, are all under the same roof, round-the-clock. And this enforced togetherness can deepen the relationship for years to come. Further people & families when faced with a global crisis & especially one of this scale, tend to respond by orienting themselves in a less-centered way & in a more family-centric way. In the ‘Make Space for Life’ survey conducted by Godrej Interio, it was found that 56.7% of the respondents rated their work-life balance as terrible. But, the lockdown has slowly changed that, with more & more people making use of the time to improve their relationship with not just immediate family, but also re-establishing bonds with other relatives. An analysis by the economist conducted in 11 countries found that the average mother spent 104 minutes a day with their children while fathers spent an average of 59 minutes. The survey had pointed to 34% of respondents feeling guilty at not having enough time to dedicate to their children, citing their successful careers as a reason. However, staying-in at home has helped them refocus & indulge in several activities along with their children. The lockdown is also helping in breaking down gender roles: the roles have now been reversed in households- men are now venturing to the kitchen to make meals for their kids. WAYS TO CEMENT RELATIONSHIPS & BRING FAMILIES TOGETHER Create or revise your cornerstone statement. Help your children developing budgeting skills. Staying connected with others during physical distancing. Share your investing experience with family members. Talk about challenges & brainstorm ways to address them. Further, bringing back the family dinner, cooking together, reading together is also an easier means to foster healthy family relationships. PANDEMIC WITHIN A PANDEMIC Domestic Violence is violence or other abuse in a domestic setting, which includes marriage or cohabitation. Domestic Violence is frequently used as a synonym for intimate accomplice violence, which is committed by a partner or accomplice in an intimate relationship in opposition to the alternative partner or companion & can take place in heterosexual or same-intercourse relationships or among former spouses or partners. In its broadest sense, domestic violence also entails violence towards children, parents, or the elderly. The entire world is suffering from pandemic i.e. COVID-19 whereas there exists pandemic within a pandemic & it is though not much talked about & being covert is the Domestic Violence. It is on an upsurge, wrecking catastrophe in the lives of women. On one hand, healthcare & economy are being addressed while on the other side the other issue of domestic violence is going unaddressed. The lockdown has resulted in women fighting two battles i.e. one with the virus & other with their abusive spouses, and while the former may have the culmination eventually the gender-based atrocities seem ever-lasting. Recent statistics related through the NALSA endorse that the nationwide lockdown has caused an expeditious climb in cases of domestic violence. The data, which is categorized in step with instances in different states advocate that the Uttarakhand recorded the maximum number of domestic violence cases in the last two months of lockdown following Haryana & Delhi. Further National Commission for Women (NCW), which receives complaints of domestic violence cases from across the country, recorded a more than twofold rise in gender-based violence during the initial lockdown-period. According to the data on the official website of the NCW, 587 complaints are filed from 23/03/2020 to 16/04/2020. The situation of increase in cases of domestic violence is not restricted to only India. According to UN reports, in Lebanon & Malaysia have seen the number of calls to women helplines just double compared with the same month last year. In China, the number of calls is tripled to the number of calls before the lockdown. Domestic violence rates have surged in France & South Africa, as per the “Voice of America”. In South Africa, there are 90,000 cases of domestic violence in the first week of lockdown. In Spain, the emergency helpline number for domestic violence received 18% more calls. PROBABLE CAUSES FOR THE UPTHRUST IN DOMESTIC VIOLENCE CASES There are numerous aspects to this sudden rise in the number. Some of them are: Disparate Workload: There is curtailment within the workload for working males because of the “work from home” system & subsequently the workload on females has increased. They need to control all the household work & professional work. It frequently results in an elevated level of strain among females & subsequently ends in more arguments & fights between spouses. Lack of Income: This is one of the critical elements for eagerness & depression among men. This pandemic has cost people their jobs. Mostly the workers indulged in small scale industries & private workers have lost their jobs. The detrimental economic condition leads to agitation & frustration, of which women & children become the victim. Lack of resources: Because of the lockdown, there are uncounted cases which are not even reported like if a woman from the rural area where she doesn’t know about the NCW or if they are aware of this but they don’t know how to deal with the procedure & they are still surviving with the infected opportunistic virus (domestic violence) without informing to anyone. CHECKS & BALANCES BY THE GOVERNMENT To curb the brunt of this turmoil inside the houses following measures has been taken: One-Stop center scheme: Ministry of Women and Child Development have created one-stop centers in various states to safeguard the women undergoing abuse, torture, or any form of physical or mental harassment. The sufferers can also contact the authorities through toll-free-number. “181”. The NCW has also recently launched a WhatsApp Number “7217735372” apart from a helpline & email option. Suppress Corona not your voice: This is initiated by the U.P. government to spread the awareness that wearing masks is of paramount importance but, it is equally important to raise your voice against any injustice. Victims can dial the helpline number “112” in case of any complaints. Mpower 1on1: This is a helpline in Mumbai to report domestic abuse. The government of Maharashtra has tied up with Brihanmumbai Municipal Corporation (BMC) to launch a toll-free helpline number. CONCLUSION To sum up, there are many factors due to which domestic violence has increased. These factors have pestered the common Indian men to the core. They opted out to vent their irritation & frustration in the form of domestic violence. The scare of domestic violence has increased because of the lockdown & above-mentioned factors. But, the lockdown has only engraved the issue which has already very prevalent in our country because of the patriarchal society in which we live & the entitlement that men feel they have over women. The fight with coronavirus is a tough one & so is the fight with patriarchy. But at the same time, this can act as a blessing in disguise as the virus is slowing us all down & hence we should use this time wisely with our family. Indulging in conversations with parents and sharing things with them. Provide engaging age-appropriate activities. Daily reading time can be a time for parents & kids to both have quiet time to read & relax. Be sure to PLAY & have FUN! & as a result not only this would strengthen the bond but also act as a weapon for all sorts of violence. (Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

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    • Our Team - CRC | CNLU Patna

      Our Team CONVENOR Hon'ble Justice Mrs. Mridula Mishra Vice-chancellor, Chanakya National Law University, Patna CO-CONVENOR Mr. Manoranjan Prasad Srivastava Registrar, Chanakya National Law University, Patna Mrs. Shaheena Ahluwalia Centre Coordinator, Child Rights Centre Dr. Fr. Peter Ladis F. Training & Course Coordinator Mrs. Sugandha Sinha Research Coordinator Ms. Preety Anand Advocacy/ Outreach Coordinator Mr. ChandanKumar Sinha Programme Coordinator, Child Rights Centre STUDENT COMMITTEE Shreya Sinha Student Coordinator cum Senior Editor Anupama Soumya Student Coordinator cum Member Secretary (Editorial Board) Ankita Roy Editor Nidhi Prakriti Editor Srishti Sarraf Editor Prince Raj Member Secretary (Event Management) Ameya Priya Member (Event Management) Shikha Sharma Member (Event Management) Himanshu Raj Member Secretary (Publicity & Public Relations/ Website/Internet Communications) Ayush Kumar Public Relation Ambassador cum Website Manager Aditi Banerjee Member (Publicity & Public Relations/ Website/Internet Communications) Jagriti Pandey Member Secretary (Research Cell) Jyotshna Yashashwi Member (Research Cell) Anushka Gupta Member (Research Cell) Hritika Jain Member (Research Cell) Kushagra Kundan Member (Research Cell) Kaushiki Sharma Volunteer Chitragupta Sharan Volunteer

    • HOME | Child Rights Centre, CNLU Patna

      View Details MEDIA GALLERY 74th Independence Day Bihar Legislator's Conclave View All Albums WHAT'S NEW EVENTS EVENTS CALENDAR SOCIAL FEED BLOGS Shreya Sinha Dec 18, 2020 4 min “THE CONSTITUTIONAL CHILD”: CONSTITUTIONAL COURT & DIGNITY JURISPRUDENCE ON CHILD IN SOUTH AFRICA 29 Write a comment 4 Shreya Sinha Sep 6, 2020 4 min MINOR EMANCIPATION LAWS AND ITS SCOPE IN INDIA 79 Write a comment 9 Shreya Sinha Sep 6, 2020 6 min COVID - 19: STRENGTHEN FAMILY BONDS VERSUS DOMESTIC CONFLICT & VIOLENCE 40 Write a comment 5 Shreya Sinha Sep 5, 2020 9 min A COMPARATIVE ANALYSIS OF RIGHTS OF CHILD IN DIFFERENT JURISDICTIONS 18 Write a comment 4 Shreya Sinha Sep 5, 2020 6 min THE EMOTIONAL TURMOIL OF CHILDREN IN MATTERS OF DIVORCE - WITH SPECIAL REGARDS TO MEDIATION 72 1 6 Anupama Soumya Sep 5, 2020 6 min ISSUES RELATED TO PROTECTION OF WOMEN AND CHILDREN. 135 Write a comment 15 Anupama Soumya Sep 5, 2020 6 min CHILD LABOUR IN CONTEMPORARY INDIA 33 Write a comment 4 Anupama Soumya Sep 5, 2020 5 min IS CHANGE SYNONYMOUS TO DEVELOPMENT? 22 Write a comment 4 Child Rights Centre, CNLU Sep 4, 2020 4 min WOMEN AND CHILDREN: MORE VULNERABLE THAN BEFORE 29 Write a comment 3 Shreya Sinha Sep 3, 2020 6 min FREE TO BLEED: THE NEED FOR A MENSTRUAL LEAVE POLICY IN INDIA 38 Write a comment 5 Shreya Sinha Sep 3, 2020 6 min REPRODUCTIVE RIGHTS AND ABORTION LAWS IN INDIA 81 Write a comment 7 Anupama Soumya Sep 3, 2020 4 min HUNGARY SABOTAGING LEGAL RIGHTS OF THE TRANSGENDER COMMUNITY 49 Write a comment 7 View More EXPERT POSTS Sep 1, 2020 6 min WHY ARE WOMEN AND CHILDREN STILL NOT SAFE IN INDIA? 136 1 16 Aug 27, 2020 5 min REIMAGINING MENSTRUAL HEALTH MANAGEMENT AS A HUMAN RIGHTS ISSUE 70 0 3 Aug 25, 2020 6 min EMERGING ISSUES OF CHILD PROTECTION AND CARE IN THE PANDEMIC 114 0 3 Aug 18, 2020 5 min CHILD VIOLENCE: BREAKING THE SILENCE 90 0 10 Aug 9, 2020 5 min INDIA: A COUNTRY ON THE LONG ROAD TO COMBATING DISCRIMINATION 222 0 5 Jun 11, 2019 14 min CHILDREN IN BIHAR AND THEIR WELL BEING: THE INCONSPICUOUS ROADBLOCKS 66 0 6 View More

    • Guest Posts - CRC | CNLU Patna

      Blogs: Guest Posts “THE CONSTITUTIONAL CHILD”: CONSTITUTIONAL COURT & DIGNITY JURISPRUDENCE ON CHILD IN SOUTH AFRICA 29 Write a comment 4 MINOR EMANCIPATION LAWS AND ITS SCOPE IN INDIA 79 Write a comment 9 COVID - 19: STRENGTHEN FAMILY BONDS VERSUS DOMESTIC CONFLICT & VIOLENCE 39 Write a comment 6 A COMPARATIVE ANALYSIS OF RIGHTS OF CHILD IN DIFFERENT JURISDICTIONS 18 Write a comment 4 THE EMOTIONAL TURMOIL OF CHILDREN IN MATTERS OF DIVORCE - WITH SPECIAL REGARDS TO MEDIATION 72 1 6 ISSUES RELATED TO PROTECTION OF WOMEN AND CHILDREN. 135 Write a comment 15 CHILD LABOUR IN CONTEMPORARY INDIA 33 Write a comment 4 IS CHANGE SYNONYMOUS TO DEVELOPMENT? 22 Write a comment 4 WOMEN AND CHILDREN: MORE VULNERABLE THAN BEFORE 29 Write a comment 3 FREE TO BLEED: THE NEED FOR A MENSTRUAL LEAVE POLICY IN INDIA 38 Write a comment 5 REPRODUCTIVE RIGHTS AND ABORTION LAWS IN INDIA 81 Write a comment 7 HUNGARY SABOTAGING LEGAL RIGHTS OF THE TRANSGENDER COMMUNITY 49 Write a comment 7 IMPLICATION OF CRC WITHIN INDIAN LEGAL FRAMEWORK 47 Write a comment 9 FEMICIDE IN CONTEMPORARY WORLD 83 Write a comment 5 CHILDREN AND WOMEN: INNOCENT TARGETS OF CYBERCRIME 125 Write a comment 7 CESSATION OF THE PRACTICE OF FEMALE GENITAL MUTILATION: NEED OF THE HOUR 43 Write a comment 5 DIVORCE AND BEST WELFARE OF CHILD 16 Write a comment 1 WOMEN AND CHILDREN: SCAPEGOAT OF ARMED CONFLICTS 29 Write a comment 1 ISSUES RELATED TO PROTECTION OF WOMEN AND CHILDREN 48 Write a comment 5 SAFEGUARDING THE ‘STREE’: FROM THE STIGMA AROUND MENSTRUATION 52 Write a comment 4 LIVE-IN RELATIONSHIPS AND DOMESTIC VIOLENCE 69 Write a comment 3 DAUGHTERS OF INDIA: THE JUDICIAL DICHOTOMY 38 Write a comment 3 CHILD SOLDIERS IN NAXAL FORCES: INDIA’S OBLIGATION UNDER INTERNATIONAL LAW 31 Write a comment 3 PROTECTION OF WOMEN AND CHILDREN IN INDIA 34 Write a comment 4 December 2020 (1) September 2020 (13) August 2020 (40) July 2020 (6) June 2019 (1)

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