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International Journal of Human Rights and Constitutional Studies

International Journal of Human Rights and Constitutional Studies (IJHRCS)

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International Journal of Human Rights and Constitutional Studies (34 papers in press)

Regular Issues

  • A 21st century quest for gender neutral maintenance in the Indian legal system   Order a copy of this article
    by Alisha Baloni, Khaleeq Ahmad 
    Abstract: Today, women and the queer community are liberating themselves from the shackles of patriarchy and the world is moving towards a more egalitarian outlook. The growth of individualism across the globe has led to the renunciation of gender stereotypes. The guarantee of protection of rights resonates with the existence of an individual irrespective of his gender identity. The article aims to analyse the existing legislations on maintenance in India for gender neutrality with reference to the progressive trends of the modern society which has witnessed wide acceptance of live-in relationships and the homosexual community, and also the changing norms of inheritance legislations.
    Keywords: dependent; discrimination; gender; justice; maintenance; marriage; sexual orientation; society; women.
    DOI: 10.1504/IJHRCS.2022.10051790
  • Constitutional court of Bosnia and Herzegovina   Order a copy of this article
    by Filip Novaković, Nataša Babić, Aleksej Indžić 
    Abstract: The paper deals with the topic of the Constitutional Court of Bosnia and Herzegovina, established under the Constitution of Bosnia and Herzegovina (Annex IV of the General Framework Agreement for Peace) since 1995, its structure, election and appointment of judges, and special attention will be paid to its jurisdiction and decisions, which relates, and their impact on the Bosnian legal order and society in general. An analysis of the work of the constitutional court through different parts of the paper will be performed depending on the importance. The author will also touch on the basic concepts, types and ways of protecting constitutionality and legality, with special reference to Bosnia and Herzegovina in the post-Dayton period.
    Keywords: constitutional court; decision; Bosnia and Herzegovina; appointment; constitution.
    DOI: 10.1504/IJHRCS.2022.10048778
  • Comparative study on separation of power in India and USA   Order a copy of this article
    by Rajamani Shankar 
    Abstract: The Lockean constitution, in its broadest sense, is a complex system of power separation. Locke split political authority between an executive and a legislature, both with their own fiduciary trusts to operate in the public interest. This concept is one of the most important factors when it comes to democracy of any country, a country who has a written constitution and is in a habit of performing for the welfare of the country and its people will admit to this process. Basically, this argues a system where the judicially, executive and legislative have different independent powers and how other cannot influence the one to make a policy or a decision. The study explores the various key aspects of the two countries namely, the USA and the Republic of India to enhance the key factors, compare the differences in these mentioned countries.
    Keywords: trias politica; legislative; executive; judiciary; constitution; separation; India; the USA.
    DOI: 10.1504/IJHRCS.2022.10048779
  • Role of Indian courts in reshaping the law of sedition: constitutionality and relevance since colonised India to democratic India   Order a copy of this article
    by Kriti Kaushik, Sonu Agarwal 
    Abstract: Right to dissent is the very essence of freedom of speech and expression mentioned under the Constitution of India and its abrogation without just cause must be regulated. Time and again the Indian courts have expressed their opinion on law of sedition that it should be repealed entirely due to repeated misuse, however the reality remains that sedition not only persists in our legal system, but its application is also growing day by day. This article attempts to study the jurisprudence that has been developed in India around law of sedition through several judgments given by the Indian courts, to understand its trajectory of interpretation since colonised India to democratic India. A comparative analysis of the status of sedition law has been made to understand why some countries either repealed or revised this law in their respective jurisdictions and why India must follow similar footsteps.
    Keywords: freedom of speech and expression; sedition; democratic; Constitution of India; courts; dissent; society; freedom; protests; India; Indian Penal Code.
    DOI: 10.1504/IJHRCS.2022.10049148
  • Violation of human rights of convicts of capital punishment   Order a copy of this article
    by Samriti Arora, Lakshmi Priya Vinjamuri 
    Abstract: The Universal Declaration of Human Rights laid out the right to life as well as the option to be liberated from brutality, fierce, and corrupt treatment. Thus, the death penalty is opposed because it violates these two fundamental rights. It is the intentional death of a prisoner for the purpose of punishment and as a deterrent - a goal that can easily be achieved through other means in many cases. Regardless of the seriousness of the offence for which the prisoner has been sentenced, such cruelty cannot be condoned. Furthermore, if we believe that Right to life is a fundamental right endorsed in the Constitution as a provision under Article 21 along with the freedom under Article 19, death sentence, an affront to our most basic human right. This research paper examines the death penalty from a human rights jurisprudence standpoint and provides a brief overview of the subject. In addition, the international context of the death penalty is discussed. The decisions which were proven to be arbitrary and unfair in the eyes of human rights law are highlighted to assert the analysis.
    Keywords: death; penalty; fundamental; punishment; deterrent.
    DOI: 10.1504/IJHRCS.2022.10049160
  • The modern trend to decriminalise adultery:a critical study   Order a copy of this article
    by Shradha Chauhan, Lakshmi Priya Vinjamuri 
    Abstract: Adultery is when you have sexual relations with someone who is not your husband. Adultery was considered a criminal offence under Section 497 of the Indian Penal Code. On September 27, 2018, however, the Supreme Court ruled that the 158-year-old law was unconstitutional. As a result, adultery is no longer a punishable offence in India. Adultery is forbidden in many religions, including Hinduism and Christianity. Many people in society were opposed to the decriminalisation of adultery because they believe marriage is not something to be despised. It will also allow adulterous relationships to play more freely. However, Deepak Misra, a former Chief Justice of India, stated that although adultery is no more a criminal offense, it is nonetheless grounds for divorce. By dismissing down Section 497 of the Indian Penal Code, the Supreme Court promised the country’s that no one can stop women from achieving their dignity and independence. In the end, the research work throw light on decriminalising adultery in the modern society along with some judicial pronouncement regarding the topic and including the conclusion.
    Keywords: adultery; marriage; criminal offence; decriminalising; divorce.
    DOI: 10.1504/IJHRCS.2022.10049167
  • Trafficking in persons (prevention, care and rehabilitation) bill: an analysis   Order a copy of this article
    by Meenakshi Rawat, Sandhya Verma 
    Abstract: Human trafficking is mostly seen in economically poor regions with among vulnerable individuals, cheap labour, and victims are targeted. Women and children are compelled to participate in sexual activities after trafficking and selling them. Victims endure a variety of social, economic, and physical obstacles while incarcerated as well as readjusting to their old life after they are free of their exploiters. In addition, the article aims to raise knowledge of existing national anti-trafficking laws, as well as its efficacy. This may be quite damaging in the long-term since it conceals the true facts about human trafficking and related crimes. Despite taking action, via anti-trafficking units in the districts, the government has failed to address the involvement of officials, police, and politicians in this racket. There is also evidence of a weakening of legal options, which is very harmful to the timely delivery of justice and adequate recompense.
    Keywords: human trafficking; law; racket; women; children.
    DOI: 10.1504/IJHRCS.2022.10049477
  • Dowry death: violation of right to life   Order a copy of this article
    by Uruba Naaz, Lakshmi Priya Vinjamuri 
    Abstract: Consistently in India, something like fifteen young ladies are killed by their spouses or parents in law for neglecting to create an adequate endowment during the marriage. Despite the fact that India has many different laws in order to prevent and punish these dowry deaths, still these deaths continue to take place in an increasing numbers due to vague or ambiguous legislative language, bad enforcement, cultural attitudes, and economic inequality against women. The right to life refers to a person’s right to live his or her life, more specifically, the right not to be killed or murdered by any other person or authority. It is a violation of article 21 of the Indian constitution by failing to prevent such murders which are termed as dowry deaths which occur for the lust to obtain dowry. This research problem highlights the traditions of dowry and problem of dowry death. Further, this research article also explains twthat it is the violation of the different domestic laws and article 21 of the Constitution by practising of killing a bride for the sake of dowry.
    Keywords: dowry; death; culture; inequality; life.
    DOI: 10.1504/IJHRCS.2022.10049573
  • Land rights of the ethnic minorities in Chittagong Hill Tracts   Order a copy of this article
    by A.K.M. Samiul Haque 
    Abstract: Land is a raging issue that directly affects the enjoyment of various human rights. It is a mean, if not the most important mean of survival for many individuals and is a fundamental as well as economic right. Land is most related mainly to the identities of individuals, and as a result, intensely connected to various social, traditional and cultural rights. More and more of ethnic minorities, are forcibly driven out or dispossessed from their land. The Bengali Settlement program is just one of the names for all the dispossession caused to the tribal and ethnic sects. The focal point of this paper is to find out the violation of land rights for the tribal people from the pre independence to current time. This article also goes on to explore these sides and tries to come up with some solutions.
    Keywords: ethnic minority; land rights; Chittagong Hill Tracts; peace accord; Bengali settlement.
    DOI: 10.1504/IJHRCS.2022.10049828
  • Concept of federalism in India and the USA   Order a copy of this article
    by Kirti Singh, Arushi Sharma 
    Abstract: There are a variety of conceivable motivations for these units to join a federal structure, ranging from security and administrative ease to union for cultural and language similarities. Federalism is based on the division of powers between two or more levels, although there is no single form in which it can be implemented. Federalism theories and models of today are examined in this paper. In this work, we examine federalism from a conceptual standpoint by comparing quasi-federal features of India and the USA federal features. It has been concluded that each theory of federalism has some validity and usefulness, but each theory also has some shortcomings. The three models are distinct, yet they are also interconnected and complementary. When taken as a whole, they show that federalism is a political system that divides a community into two distinct levels of government, each with its own set of responsibilities and duties.
    Keywords: federalism; quasi-federalism; theory; government; federation; constitution.
    DOI: 10.1504/IJHRCS.2022.10050378
  • Sexual violence on Uyghurs - China's conspiracy of silence in 21st centurys greatest holocaust   Order a copy of this article
    by Koyel Basu 
    Abstract: The Asian dragon is one of the greatest powers amongst the nations in 21st century. However, leaving the trail of developments behind, China has the worlds worst human rights violations of the century labelled as war crimes abuses committed include mass arbitrary detention, torture, enforced disappearances, separation of families, cultural and religious persecutions, and forced labour and to top it all sexual violence and violations of reproductive rights. China, on the other hand will not tolerate religious fanaticism on its soil. Therefore, it is taking prima facie its re-education camps ignoring the western propaganda and the US orchestrated threat from China.
    Keywords: China; sexual violence; detentions; Uyghurs; rape; war crime.
    DOI: 10.1504/IJHRCS.2022.10050379
  • Admissibility of illegally obtained evidence and fundamental rights in the criminal justice system: a Malaysian perspective   Order a copy of this article
    by K. Karunanithi, Ramalinggam A.L.A. Rajamanickam 
    Abstract: The long-standing rules of admissibility have been the basis for the admission and exclusion of illegally obtained evidence within the Malaysian criminal justice system. Evidence obtained illegally but relevant to the matter at issue is deemed admissible. For decades, courts have oriented their discretion to admit illegally obtained evidence based on the relevancy test, and equally, courts have demonstrated their ability to exercise the same discretionary power to exclude gravely prejudicial evidence. Explorative analysis reveals that discretion is rarely exercised to exclude illegally obtained evidence. Considerably, the Constitutional Law of Fundamental Rights has been an alternative approach in justifying the exclusion of illegally obtained evidence, but its scope and distinct conception have not reached a decisive position. The evolutionary notion of protecting individual rights may gain considerable support for courts to exercise their sense of fairness to exclude unconstitutional evidence in guaranteeing one’s constitutional rights.
    Keywords: admissibility; illegally; evidence; individual rights; fairness.
    DOI: 10.1504/IJHRCS.2022.10050618
  • Enforcing right to emergency medical care in Bangladesh: overcoming the constitutional hurdles and filling the legislative gap   Order a copy of this article
    by Md Ikra 
    Abstract: Burgeoning events of the health sector in Bangladesh evidences the horrible chains of denial of emergency medical care. The actors, both private and public, employed in the sector are performing to provide health care to a huge number of populations with limited resources. Emergency medical care is being subjected to limited resources or is sometimes being shifted to one actor from another. The available instances offer a temporary sword to deal with cases of denial of emergency medical care but not sufficiently. As a last resort, constitutional provisions then remain as the only guardian that possesses the power to give redress in this regard. The enforcement process further invites constitutional provisions to come into further debates, and many of them are still under judicial discussion themselves. Harmonious construction bolstered by liberal interpretation of the constitution upholding human rights in all cases is argued to be the solution until effective legislation comes into effect.
    Keywords: emergency medical care; fundamental rights; tortious liability; public law remedy; horizontal application; Bangladesh.
    DOI: 10.1504/IJHRCS.2022.10050709
  • The constitutional complaint in North Macedonia - an effective legal instrument with narrow effects   Order a copy of this article
    by Jeton Shasivari 
    Abstract: In this paper, the author deals with the direct constitutional-judicial protection of individual constitutional rights in North Macedonia by the Constitutional Court through the constitutional complaint, which is named: request for the protection of freedoms and rights. Although, in North Macedonia, this concept is borrowed from the German, Austrian and Spanish constitutional tradition and practice, the constitutional physiognomy of this legal instrument is not fully rounded because the Constitution does not regulate its most important aspects. This paper, in addition to the analysis of the main features and types of the constitutional complaint, also practically analyses the 30-year constitutional jurisprudence regarding the constitutional complaint, where even though this specific legal instrument has a modest effects, the author share the idea that, it presents an effective legal instrument, which has been expressed especially in the latter case of successful constitutional complaints so far, where is shown an increased constitutional judicial activism.
    Keywords: constitutional judiciary; constitutional complaint; constitutional culture; individual acts; judicial activism.
    DOI: 10.1504/IJHRCS.2022.10051431
  • Prevailing gender inequality in clinical trials: a blow to health rights of women   Order a copy of this article
    by Monika Punia, Maryam Ishrat Beg 
    Abstract: Gender inequality does persist in many crucial areas of society and health is one of them. Due to the underrepresentation of women in clinical trials, an entire gender is suffering a fatal blow on their right to health. With time it has also been analysed that various diagnostic methods which were rendered ineffective in males were working efficiently for women and vice-versa also happening. Ignorance of the health rights of women in the country is not just limited to impacting a gender in the society; however, it also hampers the economy, life expectancy, family support, health expenditure, etc. of a country. It is high time that the international instruments do focus on maintaining and updating healthcare structure equally for both genders and gender-specific studies are not to be considered valid in the further approval processes. Later similar changes could be brought to the domestic front as well.
    Keywords: health; women; underrepresentation; clinical trials; gender inequality; healthcare; rights; treatment; diagnosis; law.
    DOI: 10.1504/IJHRCS.2022.10051819
  • A privatisation of Hindu temples: need for a proper secular government   Order a copy of this article
    by Prijwal Kumar 
    Abstract: East India company not just stole our wealth but suffocated our spirit towards the Hindu temple by taking over temples, mainly of South India. temples are the powerful centres that enable, empower and enlighten us, and should be available irrespective of caste, creed, and class. Temple in India was created on the basis of consciousness and community should have absolute freedom in managing and developing the temple. If we treat the temple same as the British government, the temple function changes to money making machine from cultural steep in devotion, literature, art, music, and dance. The Hindu temples also aids in establishing educational and charitable institutions. It is unfathomable that civilisation produced and worshipped such Mystic and Poet Saint, which today in the hand of ransom administrators who has no appreciation for richness of the culture. If churches and mosques are not under government control, then why only Hindu temples?
    Keywords: privatisation of Hindu temples; free Hindu temples; secular government control on Hindu temples; constitutional law; supreme court; India; religion; majoritarianism.
    DOI: 10.1504/IJHRCS.2022.10051868
  • Impact of COVID-19 on female migrants in India and policy responses   Order a copy of this article
    by Dipikanta Chakraborty 
    Abstract: The COVID-19 pandemic has hit human lives in an unusual way, especially in the process of migration. The pandemic has taken umbrage on the livelihood of female migrant workers from irregular sectors, by leaving them completely unpaid. The state-imposed lockdown has proved to be a significant ordeal for many migrant women who are repatriating with families. The inadequate government policies failed to make gender-sensitive and inclusive policies that could give exclusive economic growth. The incongruent policies of the host-state and home-state governments have affected the reverse migration process to a greater extent. They have no choice but to step back from the labour market. The registered participation of female workers is a credible solution to this chronic gender discrimination. In this light, the paper seeks to analyse the impact of government policies on the health and livelihood of female migrants at the advent of COVID-19.
    Keywords: female migration; COVID-19; gender sensitive policy; labour market; informal sector; repatriation; India.
    DOI: 10.1504/IJHRCS.2022.10052432
  • Domestic violence laws in India and the discourse around fabricated cases: implications for women’s human rights   Order a copy of this article
    by Pooja Satyogi 
    Abstract: India is a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and has attempted to ensure that legislative and judicial reforms work toward ending violence against women. Yet, as this paper will show, it is often the institutions of the state that compromise the full reach of the law by targeting and maligning women who use the law to secure their lives. In this contrastive field of increasing legislation to secure women’s human rights and doubting women’s intention when they do work with the law, lies the fate of the litigious Indian women. This article will delineate how the Indian judiciary has tended to frame litigious Indian women as fabricators of fake cases and how these framings work towards diluting the stringent provisions of laws safeguarding women’s lives and human rights.
    Keywords: human rights; domestic violence; India; law; policy; protection of women; discrimination; South Asia; family; judicial reform; backlash against women.
    DOI: 10.1504/IJHRCS.2022.10052433
  • The rights of commercial sex workers in India: a critical analysis of the legislative and judicial trends   Order a copy of this article
    by Alisha Verma, Saroj Bohra 
    Abstract: Prostitution is seen as a revile to social orders. It is an occupation that is carried out to earn money by trading sexual intercourse hence considered immoral. People who indulge in it do not get the life of dignity and respect as a human must get by virtue of basic human rights. Although, the majority view is that women who enter sex trade are forced or trapped in the industry though some of them enter the trade willfully out of economic and social causes. Neither does our Constitution considers this trade illegal and nor does any of the law in force in India say that it is prohibited. Various incidents attached to it are held illegal by the Immoral Traffic Prevention Act, 1956. The present paper critically analyses the legislative and judicial trends of the matter at hand and the status of the rights of the commercial sex workers in India.
    Keywords: prostitution; commercial sex worker; trafficking; sex trade; rights; Judicial trends; constitution.
    DOI: 10.1504/IJHRCS.2023.10053135
  • A study on the impact of Russia-Ukraine conflict on different sectors of the society: a negative outcome on mental health, rights and economy   Order a copy of this article
    by Rahul Das, Shamiya Hasan, Dev Pareek, Dhanya Rao 
    Abstract: This study throws light on the schema of the Russian-Ukrainian conflict, and makes a significant approach to understand the alarming effects of the war on different sectors including the effect on their mental health. Russia’s invasion of Ukraine has triggered seismic repercussions: a fast-moving refugee crisis, unprecedented sanctions against a major economy and a shakeup of global relationships, including a reinvigorated NATO. We have discussed about the brutal impacts of mental illness on healthcare workers, refugees, prisoners of war, women, and children. The aggressive increase of war crimes in the middle of the warfare and social and economic effects have been dealt, including its forensic relevance. This study will help the reader, to gain some insightful facts on how a war damages a country, segment by segment, and disrupts the development of the social and economic fabric of the nation.
    Keywords: Russia-Ukraine conflict; war; mental health; anxiety; depression; war crimes.
    DOI: 10.1504/IJHRCS.2023.10053897
  • An empirical analysis of voter’s satisfaction using political sensitivity scale and voter satisfaction model   Order a copy of this article
    by Deepika, Shashank Vikram Pratap Singh 
    Abstract: The fate of India’s politics is decided by the rural population. As 82% of the electorate and 454 out of 543 seats of Lok Sabha are rural. For this reason, rural population remains the central point when political parties frame strategies to win elections. Now the question in front of political parties is how the rural voters value their framed policies. One such measurement is voter satisfaction. The present study aims to revalidate the political sensitivity scale by Kirmani et al. (2020) and voter satisfaction model by Kirmani et al. (2019) on Indian rural voters. Through this study an attempt has been made to find out factors that are being considered relevant by Indian rural voters. The data has been collected from 619 rural voters and empirical analysis has been done by applying SEM in AMOS Software. The findings provide useful insights to the researchers and political parties in India.
    Keywords: election; political marketing; political parties; rural voters; voter satisfaction.
    DOI: 10.1504/IJHRCS.2023.10054070
  • Migration of Indians in South East Asia: a study of Indian organisations for their rights (1900-1947)   Order a copy of this article
    by Harkirat Singh 
    Abstract: India has one of the World’s most diverse and complex migration histories. With the expansion of British rule in India, large-scale migration and settlement of Indians into Southeast Asia began. The Indians came largely as the labour class. The Indians were in the minority in all the South-East Asian countries and were affected by the political and economic processes of the countries in which they lived. The grievances of the Indians encouraged them to organise themselves for their rights. Their social and economic conditions were not satisfactory. Their bitter experiences led them to form many organisations and associations in South-East Asia. The study deals with the Indian organisations in South East Asia, which were formed for their rights. These were social, economic, religious, and political in nature. The main objectives of these organisations and associations were to promote and safeguard the social, economic, and political rights of the Indian community.
    Keywords: voice of the east; homogeneity; undernourished; Ghadar Movement; Khilafat movement; straits settlements; Federated Malaya States; Peninsula; Volunteers Corps; Maistry.
    DOI: 10.1504/IJHRCS.2023.10054786
  • Presidential pardon power in North Macedonia controversies and dilemmas   Order a copy of this article
    by Jeton Shasivari 
    Abstract: This paper analyses the constitutional, legal and practical aspects of the presidential pardon power in North Macedonia, focusing on the controversial legal provision of Article 11 of the Law on Pardon, whose application on three occasions so far has caused a wider social revolt due to the avoidance of criminal responsibility by politicians, and especially the pardons of 56 people in the form of the abolition by President Ivanov of April 12, 2016 and their subsequent revocation that caused not only domestic but also international legal effects due to the opening of the first cases before the ECtHR involving people who were previously subject to these pardons, for which reason North Macedonia actually is facing with a big challenge for a possible unfavourable outcome and is waiting for the lessons that will be given in the near future by the Court in Strasbourg.
    Keywords: abolition; President of the State; rule of law; legal certainty; North Macedonia.
    DOI: 10.1504/IJHRCS.2023.10055066
  • An exploratory research of India's COVID-19 outbreak: the hardship of inter-state migrants and the role of government planning amid the pandemic   Order a copy of this article
    by Himanshu Bagdi, Griraj Shanker, Latika Sharma 
    Abstract: This paper aims to research the hardships faced by migrant workers during their transition period of inter-state travel in India during the COVID-19 pandemic. Several nations were addressing the epidemic’s social and economic effects, but India faced an unimaginable humanitarian disaster. Nearly 90% of India’s workforce is informal, and millions commute considerable distances from rural to urban areas for work. This research elaborated on the phase of lockdown exclusively in 2020. The study is carried out using the existing literature from various secondary sources. This research explores public policy’s shortcomings in tackling migrants and presents suggestions. In addition, the study reveals the precarious position of India’s internal migrants regarding mobility, gender, and access to a range of government programs. It concludes by suggesting that the Centre and States revitalise labour policy to protect this sector during the pandemic and future epidemics.
    Keywords: labour migrants; India; government; workers; centre; state; inter-state; policies; COVID-19.
    DOI: 10.1504/IJHRCS.2023.10055670
  • A study on decentralisation with special reference to Panchayati Raj Institutions in India   Order a copy of this article
    by Avi Chauhan, Anil Kumar Dixit 
    Abstract: This article examines the concept of decentralisation with special reference to Panchayati Raj Institutions in India. It analyses the historical evolution of decentralisation in India and its relationship with Panchayati Raj Institutions, and explores the different types of decentralisation, including administrative, political, and fiscal decentralisation. The article also examines the legal framework of decentralisation in India, including constitutional provisions and relevant case laws and statutory provisions governing Panchayati Raj Institutions. The study finds that while decentralisation has the potential to improve local governance, there are still legal challenges and issues that need to be addressed. The article proposes the necessity to reinforce legal structures, enhance proficiency, and ensure increased openness and responsibility in the operations of Panchayati Raj Institutions. The findings of the study are examined in relation to their practical and policy implications, along with suggestions for future research to bridge the lacunae in comprehending and implementing decentralisation in India. Overall, the study highlights the importance of decentralisation in promoting effective and efficient governance at the local level.
    Keywords: decentralisation; Panchayati Raj; PRIs; local governance; 73rd Amendment; grassroots democracy; India.
    DOI: 10.1504/IJHRCS.2023.10056066
  • Japanese constitutionalism   Order a copy of this article
    by Antonios Maniatis 
    Abstract: The 1889 version of the Japanese constitution consecrated a liberal monarchy whilst in the period of Taisho democracy Japan enjoyed record breaking prosperity. The 1946 version of the constitution introduces parliamentary democracy and guarantees the rights of the people, with the addition of the world-leading right to pursuit of happiness. Democracy was established as a partly altered principle, but later in comparative law it has been promoted inter alia through its explicit constitutional combination with constitutionalism. MacArthurs plans turned from demilitarisation and democratisation, being mainstreaming axes of the postwar Japanese constitution, to re-militarisation and economic stabilisation. Japan achieved those goals, along with a miraculous economic growth, notable for the democratisation of consumption of manufactured goods, such as watches, worldwide. Prosperity and democracy are terms being inexistent in both versions of the constitution, which refer to diachronically interconnected goods. Democracy should neither be overshadowed by prosperity nor undermined by corruption.
    Keywords: constitutionalism; democracy; Japan; prosperity; pursuit of happiness; prosperity.
    DOI: 10.1504/IJHRCS.2023.10056254
  • The prohibition of Child Marriage (Amendment) Bill, 2021: an analytical perspective   Order a copy of this article
    by Priyanka Ghai, Sandhya Prabhakaran, Lakshay Singh 
    Abstract: Child marriage is a marriage between two individuals who are younger than the minimum legal age, albeit different laws have varying standards of what constitutes a child. Due to a variety of factors, child marriage has been widespread in India. In light of poverty, a want to avoid having a female child, or other factors including considering a girl child as a burden, most families marry off the girl child in the assumption of providing them with a secure life, yet they are commonly mistreated, and tortured instead. The existing laws forbid child marriage if the woman is under 18 and the man is under 21. But irrespective of religion, the Bill proposes to elevate the legal age of marriage for women to 21 years. The paper explores the challenges and opportunities in the development of abolishing the menace of child marriage from society, in accordance with the amendment.
    Keywords: child marriage; right to equality; right to life; health and education.
    DOI: 10.1504/IJHRCS.2023.10056491
  • Judicial discourse on 'slum' and the state practice of demolition and forced eviction in urban India   Order a copy of this article
    by Deepak Kumar 
    Abstract: An attempt has been made in this article to explore the emerging judicial discourse surrounding 'slum'1 and its impact on the state practice of demolition and forced eviction of 'slum-dwellers'2 in urban India. It examines the cases of eviction in metros and court orders in some of these and other related cases legitimising demolition, evictions and relocation of families. The discourses of 'illegality', 'encroachment' and 'development' stand questioned here. And the 'larger public interest' discourse, it is argued, presents urban governance challenge having implications on the citizenship rights and its realisation in cities.
    Keywords: slum; right to the city; encroachment; development; citizenship; India.
    DOI: 10.1504/IJHRCS.2022.10047686
  • From constituent power to constituent continuum: the case of Sudan   Order a copy of this article
    by Umberto Lattanzi, Giuseppe Martinico 
    Abstract: This article investigates both the role of the Constitutional Charter for the Transitional Period (TCC) in facilitating the peace process and the impact of the Juba Peace Agreement (JPA) on the drafting of a new (permanent) constitution and on the new balance of power in Sudan. In so doing, it will put the Sudanese peace process into the context of Sudan's constitutional reforms and transition to democracy.
    Keywords: Juba Peace Agreement; JPA; constitution; constituent power; democracy; Sudan.
    DOI: 10.1504/IJHRCS.2022.10047946
  • Abuse of power by law enforcement authorities in India with reference to human rights violation - a legal analysis   Order a copy of this article
    by Sanghmitra Buddhist, Lakshmi Priya Vinjamuri 
    Abstract: Human rights are referred to as the natural rights acquired by a human being by virtue of his birth which is indispensable for leading a dignified life. It is the duty of the state to protect the human rights of its subjects and one of the most important machineries of the state to protect human rights is the 'police' which sometimes itself turns out to be the violator of such rights. This paper highlights the deficiencies in the Indian policing system and the situations which encouraged the police to commit abuse of power along with the decided case laws of human rights violation resulting from police brutality. The paper also throws light upon the remedies available to victims of human right violation and the role of National Human Rights Commission and judiciary in upholding victim's rights, and finally concludes by giving appropriate suggestions to curb police dysfunction and bring about good governance throughout the country.
    Keywords: policing; atrocities; police; police brutality; human rights; India.
    DOI: 10.1504/IJHRCS.2022.10047588
  • Faces and implications of the legal framework on democratic consolidation in Tanzania   Order a copy of this article
    by Edwin Babeiya 
    Abstract: This paper examines the implications of the country's legal framework on democratic consolidation. It establishes that since the adoption of plural politics in Tanzania, the enacted laws have had several faces that have contributed differently to the country's bid to consolidate democracy. These faces have been supportive, restrictive, controversial and indifferent. The paper maintains that despite regulating the conduct of politics especially among political parties, the legal framework has significantly stifled measures and initiatives to consolidate democracy. Consequently, the legal framework has led to an endless battle between laws and party norms, the fragility and reversibility of democratisation gains, suffocation of the voice mechanisms, consolidation of vertical leadership as well as the birth of parallel democratisation movements. The paper reiterates the need for reforming the country's constitution for the good of ongoing initiatives to consolidate democracy.
    Keywords: democracy; political parties; democratic consolidation; legal framework; Tanzania.
    DOI: 10.1504/IJHRCS.2022.10048113
  • The political debate on corporate tax cuts - the UK 2015 general election campaign   Order a copy of this article
    by Marc Pilkington 
    Abstract: The stance toward big business was a heated topic during Britain's 2015 general election campaign that led to the triumphal, albeit slightly unexpected, re-election of David Cameron, as Prime Minister. More profoundly, it raised the issue of the impact of corporation tax cuts and business-friendly policies in the UK. Firstly, after a review of literature on the burden of corporation tax, we analyse the electoral arguments on both sides of the political spectrum. These discussions are framed within the overarching approach known as supply-side economics, prevalent in English-speaking countries since the neoliberal revolution in the late 1970s. Secondly, we put forward the idea that widening inequalities, as suggested by the IMF, might be destabilising, and that pushing the supply-side stance with disregard for issues such as tax avoidance may have hampered long-term economic growth prospects.
    Keywords: general election; UK; corporation tax cuts; business-friendly policies; innovation.
    DOI: 10.1504/IJHRCS.2023.10051867
  • Gender-based violence in Afghanistan: a distraught state in denial   Order a copy of this article
    by Koyel Basu 
    Abstract: Gender-based violence implies physical, sexual and mental harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty whether occurring in public or private life. Moreover, when this is culturally embedded or rooted in societal structure (as Galtung argues), it is expansive and often invisible as 'tranquil waters'. In war-ravaged Afghanistan, which has paid the price of external interventions, dominance of regional military factions, brutal insurgent forces like the Taliban, and a state that has failed to give legal and medical protection to half of its citizens (read women); structural violence as found in gendered forms are quite common. This chapter identifies structural violence as the most widespread form of violence in Afghanistan and how it is deeply rooted in gender inequality. It focuses on case studies of violence where it is essentially gendered and how health of women is getting affected.
    Keywords: gender-based violence; right to health; human rights; distress; domestic abuse; structural violence; survivors; invisibility of women; 'baad'; 'baadal'; gender activism; Taliban; sexual violence; Afghanistan.
    DOI: 10.1504/IJHRCS.2022.10048597
  • Interpreting moral narratives of regimes in power with a pinch of salt   Order a copy of this article
    by Brajesh Mishra, Avanish Kumar, Ishaan Mishra 
    Abstract: The article analyses public action of the state which are contested between societal perception and state predicaments. The article is driven by the research question - how a state seeks moral purposive arguments to legitimise perceived oppressive actions? Four cases of state actions related to two autocratic regimes (North Korea and Saudi Arabia) and two largest democracies (India and the USA) have been analysed. The difficulty in contemporary governance arises due to the blurring of three distinct classical arguments of states and is being replaced by simultaneous instrumentality to seek political legitimacy. The crux of findings of the study, inter-alia, include classification of moral narratives, which may be used by the regimes in power to legitimise their oppressive actions - namely, traditional doctrines of colonial era, radical nationalistic ideologies, religious and geopolitics, legislative illegality of racial discrimination, law and order or internal security issues.
    Keywords: legitimacy; oppressive; welfare; instrumental role; moral purposive arguments; regimes in power.
    DOI: 10.1504/IJHRCS.2022.10048404