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Justice

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Full-Text Articles in Law

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 …


Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston Jun 2012

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Maureen A Weston

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …


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, …