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Full-Text Articles in Law

Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma Jul 2014

Breaking The Shackled Silence: Unheard Voices Of Women From Kandhamal, Saumya Uma

Dr. Saumya Uma

Six years after the anti-Christian communal violence of 2008 in Kandamal district of Odisha state in India, justice and peace remain illusive to survivors of the violence. The book ‘Breaking the Shackled Silence’ documents and analyses the violence and its aftermath as seen and experienced by women. It examines the present status of women and girls affected by the violence, vis-à-vis their enjoyment of Constitutionally-guaranteed civil, political, social, economic and cultural rights. Drawn from conversations held with over 300 women and girls from Kandhamal and beyond, this report accentuates the hitherto unheard voices of women from Kandhamal.


Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan Dec 2013

Battered And Betrayed: A Report Of Visit To Muzaffarnagar Camps, Saumya Uma, Hasina Khan

Dr. Saumya Uma

In September 2013, there were anti-Muslim attacks in Muzaffarnagar and Shamli districts of Uttar Pradesh - a state in India. This report is based on a visit to relief camps in January 2014, and recounts the present status of victim-survivors of the violence, more particularly women and girls - the challenges they face and the extent to which reparative justice has been rendered.


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 …


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 …


Advocating Socio-Economic Justice: Some Experiences Of The Icc-India Campaign And The Potential For A Law Clinic, Saumya Uma Nov 2012

Advocating Socio-Economic Justice: Some Experiences Of The Icc-India Campaign And The Potential For A Law Clinic, Saumya Uma

Dr. Saumya Uma

The purpose of clinical legal education is not merely to equip the law student with lawyering skills to further the interests of his / her client; lawyers are also campaigners of socio-economic justice, policy makers, architects and influencers of law and policy, educators, counsellors and a voice for those whose human rights are trampled upon. The Indian campaign on the International Criminal Court (ICC-India campaign) is an anti-impunity campaign that worked in collaboration with various human rights groups, lawyers, law universities, academics, media persons and other like-minded individuals and groups to further socio-economic justice for marginalized sections of the society …


Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma Oct 2012

Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma

Dr. Saumya Uma

The book critically examines laws, policies and international standards as they affect adolescent girls in India. It analyses six issues pertaining to adolescent girls: (1) education (2) health, food and nutrition (3) remunerative work (4) age of marriage and agency in marriage (5) violence against girls and (6) juvenile justice. Prior to chapter-wise discussion on each of these issues, the book provides a situational analysis of adolescent girls, as well as an overview of the law and policy framework. It also devotes a chapter to discussing state responsibility towards adolescent girls, through a framework of international human rights law. The …


The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma May 2011

The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma

Dr. Saumya Uma

The article is a critique of Prevention of Communal and Targetted Violence (Access to Justice and Reparations) Bill 2011, using the standards of Indian and international jurisprudence, with an incorporation of human rights and gender perspectives.


Waiting For Justice Dec 2010

Waiting For Justice

Dr. Saumya Uma

Kandhamal district of the state of Odisha in India, was the site of targeted violence against Christian dalits and adivasis in December 2007 and August 2008. This publication is a report of the National People's Tribunal on Kandhamal, held in New Delhi on 22-24 August 2010. The report documents the testimonies of 45 victims, survivors and their representatives, 15 expert testimonies of reports of field surveys, research and fact-finding, as well as statements to the Tribunal. It was organized by the National Solidarity Forum - a countrywide solidarity platform of concerned social activists, media persons, researchers, legal experts, film makers, …


Repressive Laws In India, Saumya Uma May 2009

Repressive Laws In India, Saumya Uma

Dr. Saumya Uma

The ‘repressive laws’ chapter focuses on typical characteristics of repressive laws, laws related to preventive detention, anti-terror laws, security and other stringent laws, and highlights (but does not discuss) other repressive laws and policies. A discussion on campaigns on repressive laws and the role of the judiciary, dealt with in this chapter, is intended to give the readers a feel of the ground realities, and the challenges faced by civil society with regard to such laws and their negative impact on human rights. While arguing that draconian / stringent laws negatively impact the enjoyment of human rights both through objectionable …


International Treaties On Human Rights, Saumya Uma May 2009

International Treaties On Human Rights, Saumya Uma

Dr. Saumya Uma

The chapter provides an overview of international human rights norms and the dynamic relationship they share with domestic laws and standards. It includes a discussion on international treaties on human rights, how a human rights standard becomes a law and how international conventions are enforced. A clarification of key concepts such as signature, ratification, accession, reservation, declaration, optional protocol, periodic reports and shadow reports help demystify legal jargon related to international human rights. The chapter includes a compilation of information on major conventions, declarations, optional protocols and principles on human rights, in a tabular format, providing the reader with a …


Unpackaging Human Rights: Concepts, Campaigns & Concerns, Saumya Uma May 2009

Unpackaging Human Rights: Concepts, Campaigns & Concerns, Saumya Uma

Dr. Saumya Uma

This edited volume is a reader on human rights for the use of students of bachelors courses who undergo a foundation course on human rights, as well as for educators, human rights advocates, activists and social scientists. It consists of eight chapters written by six authors who have several years of experience in human rights education. The book has been made reader-friendly and contains relevant photographs and suggested activities.


People's Tribunal On Torture Karnataka Report, Saumya Uma Jul 2008

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Bangalore, Karnataka. The Tribunal heard about 98 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


People's Tribunal On Torture Rajasthan Report, Saumya Uma Jun 2008

People's Tribunal On Torture Rajasthan Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Ajmer, Rajasthan. The Tribunal heard more than 50 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


People's Tribunal On Torture Tamil Nadu Report, Saumya Uma Jun 2008

People's Tribunal On Torture Tamil Nadu Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Tamil Nadu. The Tribunal heard more than 250 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


Communal Crimes Bill, Saumya Uma Dec 2007

Communal Crimes Bill, Saumya Uma

Dr. Saumya Uma

This is an alternative draft law on communal violence, drafted by a section of civil society, and submitted to the Indian government in January 2008. It incorporates concepts and standards from international law, and formulates new crimes as well as standards of evidence and procedure.