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

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In Custody

Author : Nitya Ramakrishnan
ISBN : 9788132117513
Genre : Social Science
File Size : 59.58 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 : 70.61 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

Does Torture Prevention Work

Author : Richard Carver
ISBN : 9781781383308
Genre : Crime prevention
File Size : 82.88 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: Crime prevention

Armed Forces Special Power Act

Author : U C Jha
ISBN : 9789384464615
Genre : Law
File Size : 77.64 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

Police Abuse In Contemporary Democracies

Author : Michelle D. Bonner
ISBN : 9783319728834
Genre : Political Science
File Size : 90.65 MB
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This volume offers a much-needed analysis of police abuse and its implications for our understanding of democracy. Sometimes referred to as police violence or police repression, police abuse occurs in all democracies. It is not an exception or a stage of democratization. It is, this volume argues, a structural and conceptual dimension of extant democracies. The book draws our attention to how including the study of policing into our analyses strengthens our understanding of democracy, including the persistence of hybrid democracy and the decline of democracy. To this end, the book examines three key dimensions of democracy: citizenship, accountability, and socioeconomic (in)equality. Drawing from political theory, comparative politics, and political economy, the book explores cases from France, the US, India, Argentina, Chile, South Africa, Brazil, and Canada, and reveals how integrating police abuse can contribute to a more robust study of democracy and government in general.
Category: Political Science

The Evolving Terrorist Threat To Southeast Asia

Author : Peter Chalk
ISBN : 9780833047595
Genre : Political Science
File Size : 49.68 MB
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Building on prior RAND research analyzing the motives, drivers, and capabilities of the principal extremist groups operating in the Philippines, southern Thailand, and Indonesia, this study examined the historical roots of militancy in these countries, the development and perpetuation of extremist ideological frameworks, and national and international government response efforts.
Category: Political Science

Bound By Brotherhood

Author : Jayshree Bajoria
ISBN : OCLC:968208899
Genre : Civil rights
File Size : 48.15 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

Broken System

Author : Naureen Shah
ISBN : 9781564325181
Genre : False imprisonment
File Size : 42.22 MB
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The deteriorating state of the Indian police -- Human rights viloations by the police -- Obstacles to police accountability -- Detailed recommendations.
Category: False imprisonment

Challenging The Rules S Of Law

Author : Kalpana Kannabiran
ISBN : 9788132100270
Genre : Social Science
File Size : 51.45 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

Crime And Impunity

Author : Shadi Sadr
ISBN : 3944191900
Genre :
File Size : 78.23 MB
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Throughout the 1980s in Iran, thousands of individuals were arrested and detained for supposedly supporting or participating in oppositional political organizations that were critical of the Islamic Republic regime's undemocratic practices. So far, many reputable reports have been published detailing the various torture methods inflicted upon the political prisoners in that decade. 1 However, despite anecdotal evidence on sexual abuses in the prisons of Iran, the topic has not yet been subject to systematic study. This report based on the first phase of the research project, 'Crimes without Punishment', aims to document the cases of rape and other forms of sexual torture used against female political prisoners in the 1980s. The second report will cover the subsequent period between 1990s-2009, and the third will cover events following the 2009 elections.
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