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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 …


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 …


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, …