IN CUSTODY LAW IMPUNITY AND PRISONER ABUSE IN SOUTH ASIA SAGE LAW

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In Custody

Author : Nitya Ramakrishnan
ISBN : 9788132116325
Genre : Social Science
File Size : 32.63 MB
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In Custody examines the professed and actual commitment to custodial justice on the part of six South Asian countries. India, Pakistan, Bangladesh, Nepal, Sri Lanka and Afghanistan have all been affected by the geopolitics of colonialism. Nineteenth century Europe is often simplistically seen as the ideological source of the rights discourse in South Asia. But, like any ideological theme, the discourse on rights is also a negotiated space. Resistance created a need to justify imperialism by importing a purpose to it. Regulation of policing was the coloniser's superior norm, and also, his tool of control. The erstwhile colonies inherited the practice of affirming norms while systems enabled their breach. Which is not to say that the purpose of norms is merely hypocritical; political struggles and intellectual discourse have, over the years, ensured the recognition of human rights in international instruments, national charters and even in the very pretexts for their breach. Though human rights are inalienable, the modern state has been uniformly guarded in its response to their imperatives. This book traces the historical and contemporary nature of the conflict between the norm and its practice. Constitutions, statutes and mechanisms of justice are reviewed with case studies and interviews that illustrate the many layers of impunity.
Category: Social Science

Restoration Of The Historical Title And The Kashmir Question An International Legal Appraisal

Author : Fozia Nazir Lone
ISBN : 9789004359994
Genre : Law
File Size : 34.90 MB
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In Historical Title, Self-Determination and the Kashmir Question, Lone offers a fresh framework, while recognising signs of spreading terrorism in the region, to understand the rights of the Kashmiri people and how they could be addressed by the international community.
Category: Law

The Right To Say No

Author : Melanie Randall
ISBN : 9781782258612
Genre : Law
File Size : 40.41 MB
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Marital rape stands at the intersection of the socio-legal issues arising from both domestic violence and sexual assault. For centuries, women who suffered sexual assault perpetrated by their spouses had no legal recourse. A man's conjugal rights included his right to have sexual intercourse with his wife regardless of whether she consented. This right has been recognised in law, and still is in some jurisdictions today. This book emerges from the research undertaken by an innovative, multi-country, academic, collaborative project dedicated to comparatively analysing the legal treatment of sexual assault in intimate relationships, with a view to challenging the legal impunity for and inadequate legal responses to this form of gendered violence.
Category: Law

Does Torture Prevention Work

Author : Richard Carver
ISBN : 9781781388686
Genre : Law
File Size : 42.57 MB
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In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Category: Law

Armed Forces Special Power Act

Author : U C Jha
ISBN : 9789384464615
Genre : Law
File Size : 32.21 MB
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The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.
Category: Law

Social Welfare Policy For A Sustainable Future

Author : Katherine S. van Wormer
ISBN : 9781452240312
Genre : Political Science
File Size : 80.53 MB
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Unique in its use of a sustainability framework, Social Welfare Policy for a Sustainable Future goes beyond U.S. borders to examine U.S. government policies -- including child welfare, social services, health care, and criminal justice -- within a global context. Guided by the belief that forces from the global market and globalization affect all social workers in their practice, the book addresses a wide range of relevant topics, including immigration by refugees, the impact of new technologies, war trauma, and restorative justice. A sustainability policy analysis model and an ecosystems framework for trauma-informed care are also presented in this timely text.
Category: Political Science

Challenging The Rules S Of Law

Author : Kalpana Kannabiran
ISBN : 9788132100270
Genre : Social Science
File Size : 51.77 MB
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This rare comprehensive critique of criminology in India brings together widely respected activists, advocates, bureaucrats, scholars and practitioners who share their concerns about the Indian criminal justice system through an interdisciplinary lens and discuss the need to entrench human rights in Indian polity. It is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India contests unproblematic assumptions of the rule of law and opens out avenues for a renewed and radical study of criminal law in the country. The collection looks at the problem of criminal law from the early colonial period to the present, examining the problem of overt violence by state actors and their compliance with dominant private actors. It calls into question the denial by the state of the wherewithal for bare life, which compounds people’s vulnerability to a repressive rule of law. This work is a must read for students, researchers and faculty of Law, Criminal Law, Criminology, Legal History, Human Rights, Sociology of Law and Colonial History. It will also be invaluable for law historians, legal scholars and policy makers, especially the judiciary.
Category: Social Science

Bound By Brotherhood

Author : Jayshree Bajoria
ISBN : OCLC:968208899
Genre : Civil rights
File Size : 77.33 MB
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"The report, "'Bound by Brotherhood': India’s Failure to End Killings in Police Custody," examines police disregard for arrest regulations, custodial deaths from torture, and impunity for those responsible. It draws on in-depth investigations into 17 deaths in custody that occurred between 2009 and 2015, including more than 70 interviews with victims' family members, witnesses, justice experts, and police officials. In each of the 17 cases, the police did not follow proper arrest procedures, making the suspect more vulnerable to abuse"--Publisher's description.
Category: Civil rights

Passage Of Change

Author : Anita Jowitt
ISBN : 9781921666896
Genre : Political Science
File Size : 25.77 MB
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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
Category: Political Science

Harvesting Feminist Knowledge For Public Policy

Author : Devaki Jain
ISBN : 9788132107415
Genre : Business & Economics
File Size : 24.5 MB
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Harvesting Feminist Knowledge for Public Policy brings together 14 essays by feminist thinkers from different parts of the world, reflecting on the flaws in the current patterns of development and arguing for political, economic, and social changes to promote equality and sustainability. The contributors argue that the very approach being taken to understand and measure progress, and plan for and evaluate development, needs rethinking in ways that draw on the experiences and knowledge of women. All the essays, in diverse ways, offer proposals for alternative ideas to address the limitations and contradictions of currently dominant theories and practices in development, and move towards the creation of a socially just and egalitarian world.
Category: Business & Economics