Short-Selling: Tackling Regulations and Ethics in the Modern Capital Market

  • Pulkit Nandan
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  • Pulkit Nandan

    Student at Kalinga Institute of Industrial Technology, School of Law, Bhubaneswar, India

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Abstract

Short selling is a trading strategy that has recently gained attention among investors. This article aims to examine the viability, risks, and benefits of short selling for regular everyday investors in India. It also discusses the ethical and legal implications of short selling and explores the future of the strategy in India. The article starts with an overview of short selling and its mechanism, followed by a discussion of the risks and benefits involved. It then delves into the laws and regulations governing short selling in India and examine how these laws compare to other nations. The article examines the complex and strict regulations that make short selling an intraday trading strategy in India. The article contains a plethora of illustrations to explain how short selling takes place in India and how the stock market and Securities and Exchange Board of India (SEBI) have designed a framework for it in 2017. The article then goes over the important ethical and legal aspects of short selling in India and worldwide. The two ethical and legal challenges of short selling - price manipulation and insider trading - are discussed in depth. The article then cites recent events surrounding short selling, which are both controversial and relevant, to understand how short selling as a strategy is developing and evolving in the modern capital market. These events provide short-seller investors with lessons on how to pursue short selling and to stay away from ethical issues. It also discusses how short selling, a rather controversial strategy, can be used to bring stability and more transparency to the capital market. Lastly, the article explores the possible future of short selling in India and around the world - whether it will become a more popular and successful strategy or end up covered with controversy and ethical issues.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 166 - 181

DOI: https://doij.org/10.10000/IJLMH.114828

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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