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The Supreme Court Speaks: Judgments On Muslim Law & Women's Rights, Saumya Uma
The Supreme Court Speaks: Judgments On Muslim Law & Women's Rights, Saumya Uma
Saumya Uma
The book contains a compilation of pro-women judgments by the Supreme Court on issues pertaining to Muslim family law. The book is divided into 3 parts – marriage, matrimonial remedies and property / economic rights of women. It explains 18 judgments in a simple language, each a landmark on an issue, and also contains a brief analysis of the impact and usefulness of the judgment for furthering women’s rights.
Towards A Scientific Standard For The Admissibility And Evaluation Of Psychiatric Evidence In War Crimes Prosecutions, Matthew J. Madalo
Towards A Scientific Standard For The Admissibility And Evaluation Of Psychiatric Evidence In War Crimes Prosecutions, Matthew J. Madalo
Matthew J Madalo
"Towards a Standard for the Admissibility and Evaluation of Psychiatric Evidence in War Crimes Prosecutions" explores the nature and use of psychiatric/psychological defenses and evidence in war crimes prosecutions. Part I of the article focuses on the differing goals and overlapping concerns between psychiatry and the law. In the international criminal legal context, the discussion will center on the types of psychiatric evidence and defenses that have been used or are likely to be used in war crimes prosecutions. Part II analyzes the applicable ICTY, ICR and ICC Statutes, Rules of Procedure and Evidence, and relevant United States common law …
Law's Autonomy, Ashok Agrwaal
Law's Autonomy, Ashok Agrwaal
Ashok Agrwaal
Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …
Incidents Of Genocide In India, Krishna Kumari Areti
Incidents Of Genocide In India, Krishna Kumari Areti
Krishna Kumari Areti prof
The author jots down the incidents of Genocide in India from the date of independence till date. India witnessed the first genocide at the time of partition immediately after the independence. The two-nation theory led to the division of the country and the Hindus in India and Muslims in Bengal migrated to their destined homelands. In this process several lives were lost on both sides and women were kidnapped and raped and at times murdered. In this article the mass murders and rapes of thousands of women at the time of partition was elaborately discussed. The then Hyderabad State underwent …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Ii, Methodology), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 - 2005 (Chapter-I, Introduction), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iv, The Petitions), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-V, The Narratives), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal
A Report On The Working Of The Writ Of Habeas Corpus In Kashmir: 1990 – 2005 (Chapter-Iii, The Arrest), Ashok Agrwaal
Ashok Agrwaal
This report is the first part of a two part study on the functioning of the constitutional and legal redress mechanism for the protection of the most basic of rights, the right to life and liberty, during the period of insurgency in Kashmir: 1990 to 2003. The report is pivoted around a study of petitions for a writ of habeas corpus, filed by the families of the affected persons. All these persons were subjected to illegal arrest (and unacknowledged) arrest and detention by the security forces in Kashmir. Most of them were never seen again. For comparison, we have also …
Crossing The Constitutional Border: An Analysis Of Illegal Immigrants' Rights In America, Cheryl L. Torralba
Crossing The Constitutional Border: An Analysis Of Illegal Immigrants' Rights In America, Cheryl L. Torralba
Cheryl L. Torralba
I wrote my comment on the constitutional issues concerning the Illegal Immigration Relief Act (IIRA) that was passed in Hazleton, PA on July 13, 2006. This act penalizes landlords and employers that hire or lease housing to illegal immigrants leading to constitutional violations to the Latino-American community and mixed status families of Hazleton. First, I discuss the Fourteenth Amendment Equal Protection violations that the IIRA implies since it is too overbroad and is not narrowly tailored enough to serve a compelling government interest. Second, I argue that the IIRA violates the procedural due process rights of suspected illegal immigrants because …
Reproductive Rights Of Tibetan Women In The Light Of International Women 'S Rights, Lhakpa Chodon
Reproductive Rights Of Tibetan Women In The Light Of International Women 'S Rights, Lhakpa Chodon
Lhakpa Chodon
While the world debates the legitimacy and morality of abortions, women in Tibet are subjected to involuntary and forced abortions and sterilization. The Chinese Family Planning Policies implemented in Tibet raises a serious question as to the reproductive rights of women, cultural and religious rights. Does these policies witholds the water in international women's instruments or human rights?
Human Rights And Social Policy In New Zealand, Claudia Geiringer, Matthew S. R. Palmer
Human Rights And Social Policy In New Zealand, Claudia Geiringer, Matthew S. R. Palmer
The Hon Justice Matthew Palmer
This article aims to facilitate debate about the implications for New Zealand social policy making of taking a rights-based approach. It does so by exploring the sources and scope of New Zealand’s international human rights obligations, particularly in relation to economic, social and cultural rights. It identifies a range of constraints on social policy making deriving from these obligations and suggests that explicit and systematic attention to these constraints constitutes the essence of a rights-based approach to social policy making. Finally, the article comments on the adequacy of existing processes and structures of New Zealand government for giving effect to …
A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki
A People Betrayed-The Darfur Crisis And International Law: Rethinking Westphalian Sovereignty In The 21st Century, Jackson N. Maogoto, Kithure Kindiki
Jackson Nyamuya Maogoto
This Article uses the Darfur Crisis in Sudan as a case study. It argues that rather than eliminating sovereignty as a political ideology, a more productive enterprise would be to refocus the discourse away from the traditional structural understanding of the term, which only serves to accentuate the level of discrepancy between the theological and the political definitions of the term and which ultimately leaves the false impression that absolute sovereignty is somehow realizable in the international political sphere. This refocus would constitute a shift toward a functional conception of sovereignty, wherein the purpose that State sovereignty would serve in …
The Right To Strike In A Democratic Society: The Case Of Nigeria, O. V. C. Okene
The Right To Strike In A Democratic Society: The Case Of Nigeria, O. V. C. Okene
Dr. O. V. C. OKene
No abstract provided.
Las Diversidades Y El Derecho, Mauro Bussani
Las Diversidades Y El Derecho, Mauro Bussani
Mauro Bussani
The paper tackles some of the most crucial issues concerning individuals’ diversity under the law. In the first part, the paper presents the idea that has attracted most of the attention of the legal debate on diversity, that is, the idea that people should be conceived by the law as (formally and abstractly equal) right-holders. The second part of the paper analyzes the critiques that have been addressed against this view, focusing in particular on the reduced capacity of formal/abstract equality to confront, not with an equally formal/abstract idea of diversity, but with the actual stratification and inner dynamics of …