International Journal of Human Rights and Constitutional Studies (6 papers in press)
Innovation in Governance through academic participation
by Sayli Mankikar, Prachi Merchant
Abstract: Stakeholder involvement through public participation forms the backbone of any good policy
model and students need to be a natural part of this process. Our paper aims at charting out a live project that Observer Research Foundation (ORF) Mumbai, a non-partisan, not-for-profit think-tank and Municipal Corporation of Greater Mumbais (MCGM) Revised Draft development Plan (RDDP) team has undertaken in this direction with respect to student participation in the 20-year Development Plan (DP) of Mumbai city. Dubbed as a peoples plan, the RDDP team set out to get multiple stakeholders from different fields of gender, sanitation, health, among others, to have a say in the process. During this process, ORF approached the MCGM with a plan to opening doors to students in the process.ORF mobilised urban planning and architecture colleges across the city and got over 250 students from 20 institutes to attend an academic interaction with the DP chief. A paper writing competition was put in place to invite new ideas for the DP. The students were handheld by MCGM planners in orienting and contextualising their thoughts towards implementable ideas. To take the process to its logical end, the best ideas are now being taken to the urban development department, with the hope that they get absorbed in the DP of Mumbai. We would like to make a case for looking at mainstreaming this system of including academia in policy formation processes and exploring its scope for replication through different methods. Such processes not only stimulate young minds and educators, but it keeps them in touch with the real-world and develops a sense of belonging to government processes and a new workforce for the public sector.
Keywords: Innovation; Governance; Public Policy,Public Participation,urban planning; stakeholder; academia.
A Conceptual Model of Business Drawing Insights from Indian Philosophical Thought
by Mrunmayee Rath, Jaya Srivastava
Abstract: New paradigms of doing business are evolving as the world is facing a host of problems such as ecological imbalance, destruction of environment, corruption in business organizations and global financial crisis. it has been observed that business has often failed in the areas of ethics, social responsibility and sustainability. Commencing from the financial profit motive, business has come a long way; but has still failed to meaningfully address various social and ethical concerns . Study of the emerging trend of business advocates the need for a holistic solution driven by spirituality. The Indian philosophy is the oldest living tradition with an ethical doctrine derived from its metaphysics giving it the capacity to provide solution to various problems of life. In this paper an attempt has been made to propose a conceptual model for business based on the insights gleaned from the rich Indian philosophical thoughts
Keywords: Model of Business; Indian Philosophical Thought; holistic development; ethical doctrine; spirituality.
Prisoners Rights under International Law: An Aetiological Myths
by Ibrahim Danjuma, Rohaida Nordin, Mohd Munzil Muhamad
Abstract: The concept of human rights and prisons have been in existed for a very long period of time. The longstanding retributive penology was centred on the view that prisoners are without legal rights. Nowadays, human rights instruments were enacted to protect the rights of all persons including prisoners who are in custody of the State. Despite these instruments, courts were reluctant to enforce prisoners rights especially where the violation of rights occurred in prison. This study therefore, determines when did human rights laws start recognising prisoners rights despite the fact that they are behind the bars? Secondly, when did hands-off doctrine disappear? This is because in America there is inconsistency as to which of the courts decision was the first to uphold the right of prisoners. The methodology adopted is content analysis approach wherein related literature were discussed and analysed particularly the international laws, judicial decisions and other relevant documents.
Keywords: History; Prisoners’ Rights; Human Rights; International Law.
Cultural Change as a Long-term Solution for Human Trafficking
by Adam Tanielian, Tina Brooks-Green
Abstract: This article focuses on the underlying economic and social conditions that create an environment where trafficking of women and children occurs. Legal and governmental deficiencies are assessed in source, transit, and destination countries. This article analyzes differences in culture and legal tradition that impact perceptions and actions on trafficking. Community level, bottom up action is projected as the most effective means of seriously reducing trafficking through prevention. Recommendations are made for enhanced international cooperation, communication, planning, and support. Interagency engagement at multiple levels is considered integral to continued success. An aggressive, yet realistic approach to this dynamic crime is proposed, yet the main onus is left upon the communities most seriously impacted.
Keywords: Human trafficking; ASEAN; child sex tourism; statelessness.
Human Rights in the Jordanian Constitution: Between theoretical texts and practical application
by Mohammed T. Bani Salameh, Samid A. Darawsheh
Abstract: This study aims to identify human rights in Jordanian constitutions through a quick review of the development of human rights concepts in the world and the journey of the development of Jordanian constitutions. The results of the study showed that the Jordanian constitutions issued in 1928 and 1946 did not contain concepts of human rights as required, nor did they reflect the will of Jordanians looking for political participation, and fundamental freedoms. The 1952 Constitution, which is currently in force, contains a range of civil and political rights for Jordanian citizens. This has been reinforced by a series of legislation regulating the exercise of these rights and duties of the state to ensure the enjoyment of them. However, practice on the ground shows a huge difference between the theoretical texts and the reality of human rights in Jordan. This requires ensuring that the provisions of the Constitution are respected by all authorities as the surest guarantee of respect for human rights
Keywords: human rights; constitution; Jordan.
HUMAN RIGHTS OF THE MUSLIM GUJJARS IN INDIA: A CASE STUDY OF THE PUNJAB STATE
by Satnam Singh Deol
Abstract: Present study has been conducted through empirical-observational approach while applying the methods of scheduled and unscheduled interviews through the accidental sampling and snow-ball sampling techniques. The study reveals that rights of Muslim Gujjars are always under the risk of multiple vulnerabilities. Firstly, being a socially nomadic and economically marginalized community, they are deprived of the basic necessities. Secondly, being an ethnic minority migrated from other regions to Punjab, they experience hazards to their social, cultural and religious rights as well. Further, conditions of children and women have been found miserable in the study. Unfortunately, the state in actual, has not yet recognized them as socially and economically vulnerable community and hence there is dearth of state initiative to improve their social and economic conditions. Worryingly, due to extreme ignorance regarding human rights, the community does not depict any notions to initiate any movement for the availability of their basic rights.
Keywords: Semi-Nomadic; Illiteracy; Essential Needs; Political Identity; Exclusion.