Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker
Jan 2013
Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker
Michigan Journal of International Law
In recent years, a public debate on law and the colonial legacy has engaged people of all walks of life in the English Speaking Caribbean (ESC), from judges and politicians to young people in the streets. Throughout the ESC, the Judicial Committee of the Privy Council (JCPC)—based in London and composed of British jurists—has been the highest court of appeal since the colonial era. In the past decade, however, Caribbean governments have sought greater control over their legal systems. In 2005, they created the Caribbean Court of Justice (CCJ) to supplant the British Privy Council as the Supreme Court for …
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Dec 2012
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Dr. Saumya Uma
This paper discusses the atrocities committed by police officials belonging to a Joint Special Task Force (JSTF) established by the state governments of Tamil Nadu and Karnataka in India to capture Veerappan – a well-known forest brigand. The paper traces the widespread use of torture, inhuman and degrading treatment, extra-judicial killings and enforced disappearances of persons from poor and underprivileged communities living on the borders of Satyamangalam forest in this context. It analyzes the atrocities through the lens of international legal standards as well as Indian criminal law. It critically evaluates the responses of Indian state and democratic institutions, including …
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Dec 2012
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Dr. Saumya Uma
The article discusses sexual and gender-based crimes in mass violence in India. It draws upon five different contexts of mass violence - communal (religion-based) violence, caste-based violence, violence in the context of militarization, violence in the context of anti-people development, and dispossession / violence in anti-Naxal operations.
In the second part of the article, it discusses gaps in Indian legal jurisprudence which are major causative factors for the existing impunity, and pose challenges to justice.
As a logical corollary, the third part discusses relevant law reform initiatives that are in process, to address the challenges to justice. In critiquing such …
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Dec 2012
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Dr. Saumya Uma
The article advocates an integration of victims' rights within the Indian legal framework, to be balanced with the rights of the accused and standards of fair trial.
In the first part, the article discusses international norms and standards related to three aspects of victims' rights: protection, participation and reparations.
In the second part, the article discusses existing statutory law, judicial interpretations and recommendations / reports / policies for law reform in India, with regard to each of the three aspects of victims' rights.
The third part of the article discusses the challenges faced when integrating a victims' perspective within the …
