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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 (36 papers in press)

Regular Issues

  • 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
     
  • 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
     
  • International human rights treaties and domestic laws: a constitutional perspective   Order a copy of this article
    by Alemayehu Yismaw Demamu 
    Abstract: This article scrutinises the relationship between human rights treaties and domestic laws within the context of the Federal Democratic Republic of Ethiopia (FDRE) Constitution. The article employs an analytical research method. It uses primary data such as constitutions and other domestic laws. It also uses secondary data, including treaties, books, journal articles, and case judgments. Accordingly, the article finds that the FDRE Constitution guarantees the Executive Organ and the House of People Representatives to make and ratify human rights treaties respectively. The article also determines that the FDRE Constitution adopts a monist approach to human rights treaties. The article also concludes that human rights treaties are subordinate to the FDRE Constitution but prevail over proclamations and other domestic laws. Moreover, the article establishes human rights treaties are applicable in domestic courts. Finally, the article affirms that the relationship between human rights treaties and domestic laws is congruent.
    Keywords: FDRE Constitution; human rights treaties; monist approach; self-executing.
    DOI: 10.1504/IJHRCS.2023.10056687
     
  • Approaching the event horizon to the Council of Europe: questions of ratione temporis and materiae and what can future applicants expect in the case of Kosovo   Order a copy of this article
    by Besfort T. Rrecaj 
    Abstract: This article aims to anticipate some key legal issues following Kosovo’s accession to the Council of Europe and its institutional and legal mechanisms, particularly the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Court of Human Rights. Questions of ratione temporis and materiae jurisdiction related to the European Court of Human Rights will be taking centre stage in the immediate aftermath. These questions will be discussed here in the light of the court’s practice and what future applicants may expect when opting to file a complaint against Kosovo for violation of human right. But first, the article will discuss some issues related to the final road of accession that will enable it to approach the event horizon that is the point of no return in the accession process with an official membership invitation from the Council. The case of Kosovo represents a unique case originating from its formal posture towards the ECHR and the case law of the ECtHR which have been made obligatory and directly applicable by Kosovo’s constitution. This will have future impact after Kosovo’s eventual accession to the CoE and the ECHR.
    Keywords: Kosovo; Council of Europe; CoE; membership to the CoE; ECtHR; European Court of Human Rights; ECHR; European Convention on Human Rights and Fundamental Freedoms; ratione temporis; ratione materiae.
    DOI: 10.1504/IJHRCS.2023.10056688
     
  • India’s soft power in Afghanistan: a case study of health initiatives   Order a copy of this article
    by Shri Prakash Singh, Shantesh Kumar Singh 
    Abstract: With the return of Taliban in Afghanistan, the infrastructure of the country is deteriorating, the quality of people’s life is low, and basic services for instance healthcare are lacking. The post-Taliban Government in Afghanistan has made an effort to rebuild the healthcare system, but it still depends significantly on foreign help. To attain peace in post-conflict systems, large entities such as nations or blocs, or small entities like community groups, require multi-track actions at different levels, in which health plays an integral role. In the last few years, the issue of global health assistance has become an essential element of India’s policy initiatives of soft power, and its importance is growing rapidly. Along with its more extensive aid program, India prioritises bilateral health assistance over multilateral approaches. Afghanistan is now the second-largest recipient country of Indian aid, according to government figures. India, the tenth-largest aid provider to Afghanistan, is largely seen to be preparing for an even bigger involvement in the Afghan peace initiatives. This paper seeks to investigate India’s contribution to Afghanistan’s peace-building efforts through health initiatives.
    Keywords: Soft power; aid diplomacy; public health; human security; India; Afghanistan.
    DOI: 10.1504/IJHRCS.2023.10056993
     
  • Contemporary discourses on slums   Order a copy of this article
    by Deepak Kumar 
    Abstract: Slums have been most often identified as crime pockets, encroachments and public nuisance. In this article, I have attempted to explore contemporary discourses on slums that represent the problematics of such informal settlements in India. This article is based on interactions with civil society members, retired chief justice of Delhi High Court, a legal researcher, and an academician in planning and design, and views of activists, researchers, and public officials at conferences and seminars that I had the opportunity to attend during my MPhil research between 2017 and 2018. The article is structured along multiple tropes indicative of different discourses at play.
    Keywords: slum; city beautification; eviction; urban planning; human rights.
    DOI: 10.1504/IJHRCS.2023.10057275
     
  • The legacy of David Altheide to understand media logic, the migration crisis and terrorism   Order a copy of this article
    by Maximiliano Korstanje 
    Abstract: The present essay review discusses the main contribution of David Altheide, a senior media analyst who has focused his efforts in deciphering the effects of terrorism in daily politics. In so doing, he has widely approached different themes or aspects of modern politics which include violence, terrorism, media logic, human right violations without mentioning mass media or what he dubbed as media logic. Today, one of his fears or worries denounced a couple of decades ago, are being discussed in the main academic circles of the world. This is the reason why we do consider convenient to offer readership a deep review of his main thesis, original ideas and controversial points. As he lamented, US democracy is in crisis and he explains why this happens.
    Keywords: migratory crisis; terrorism; fear to strangers; the death of hospitality; David Altheide.
    DOI: 10.1504/IJHRCS.2023.10057392
     
  • Rule of conciliation in the matter of divorce cases: a study under Indian divorce law   Order a copy of this article
    by Himanshi Aneja, Anil Kumar Dixit 
    Abstract: This research article examines the role of conciliation in Indian divorce cases, providing an overview of its objectives and analysing its effectiveness. It explores real divorce cases and draws lessons from them, suggesting that conciliation can be effective when parties engage in the process sincerely. However, challenges such as power imbalances and enforcing settlements are identified. To address these issues, the article recommends standardising the conciliation process, providing training and certification for conciliators, and addressing power imbalances. Overall, the article emphasises the potential benefits of conciliation in Indian divorce cases and provides recommendations to enhance its effectiveness, aiming for more peaceful resolutions.
    Keywords: conciliation; dispute resolution; rule of law; India; divorce.
    DOI: 10.1504/IJHRCS.2023.10057852
     
  • Human rights violations with special reference to caste-based discrimination   Order a copy of this article
    by Tamilselvi Jagadeesan 
    Abstract: Discrimination means an unjust or prejudicial treatment of different categories of people, on the ground of race, caste, sex, or nationality. Article 7 of the UDHR talks about equality before the law and equal protection of the law without any discrimination. The prohibition of discrimination is stated in Article 15 of the Indian Constitution. Caste-based discrimination is regarded as a violation of human rights. To prevent all of these infractions of human rights, India has various laws. In spite of that, it continues to affect a large number of people. In India, the practice of the caste system dates back a thousand years, when a person’s caste was determined by their line of work. Later, this practice resulted in severe violations of human rights such as untouchability, social marginalisation, and denial of basic rights. This paper will discuss the caste-based discrimination that led to a violation of human rights.
    Keywords: discrimination; prejudice; UDHR; caste; violation; human rights.

  • Exploring the intersection of cultural attitudes and legal protection for children from sexual offences in India   Order a copy of this article
    by Himani Lodhi, Ujjwal Singh 
    Abstract: This article looks at the relationship between social and cultural perceptions of child sex abuse and child protection laws in India. The article first defines child sexual abuse before going through its prevalence and characteristics in India. The book then explores social and cultural perspectives on child sex abuse, including the stigma and shame attached to it as well as how caste and gender affect perceptions. The research then examines how these viewpoints have an impact on how child sexual abuse is reported, investigated, prosecuted, punished, and compensated. The article concludes with suggestions for dealing with the impact of cultural and societal attitudes on the legal protection of children, including the function of the state, civil society organisations, the media, and the educational system. Overall, this research highlights the necessity for a comprehensive strategy to tackle societal and cultural attitudes in order to properly protect Indian children from sexual assault.
    Keywords: sexual offences; cultural attitudes; societal attitudes; child sexual abuse; POCSO Act 2012; India.
    DOI: 10.1504/IJHRCS.2023.10057870
     
  • Intergenerational effect of parental incarceration in India: a review from human rights perspective   Order a copy of this article
    by Nidhi Saroj, Fakkiresh S. Sakkarnaikar 
    Abstract: The influence of parental incarceration on their children is in itself a complex issue to understand pertaining to the multidimensional effect that is observed in the development of children. When either or both parents of a child are incarcerated their fate is determined in two ways, namely, to allow them to live with their parents inside the judicial facilities or to stay outside in the care of their kin or relatives and sometimes even institutional care facilities. However, the most concerning aspect of the impact of parental incarceration on a child is the intergenerational mobility of this impact which follows a cyclic manner and results in the incarceration of the child as they develop into adults. There is a major dearth of studies exclusively focused on the intergenerational aspect of parental incarceration in the Indian context, especially for adolescents left outside by incarcerated parents. This paper thoroughly reviews the previous studies to analyse the situation pertaining to the problem at hand and identify the research gaps to provide scope for exploration by future researchers.
    Keywords: parental incarceration; Indian prisons; intergenerational impact; adolescents; behavioural aspects; India.
    DOI: 10.1504/IJHRCS.2023.10057913
     
  • Gender equality, constitutionalism, and womens rights in Afghanistan: contestations and challenges   Order a copy of this article
    by Joanna Mahjebeen 
    Abstract: The Taliban takeover of Afghanistan in August 2021 was seen as a threat to democracy and human rights in general. Following the coup, the issue of women’s rights and their position in a regime characterised by extreme misogyny and conservatism attracted attention on a global scale. The paper looks into the history of discrimination against women in Afghanistan and finds that there has been a resistance to change when it comes to issues of gender equality and justice. Regime changes have either increased or decreased crimes against women, but the overarching narrative about women’s position has not changed. In Afghanistan, gender justice has been influenced by the country’s patriarchal, customary, and conservative culture.
    Keywords: Afghanistan; Taliban; women’s rights; gender; equality; patriarchy.
    DOI: 10.1504/IJHRCS.2023.10057914
     
  • Who is shaping whom? - The role of the B&H Constitution in establishing the rule of law culture   Order a copy of this article
    by Benjamin Nurkić 
    Abstract: The main premise of the Constitution of Bosnia and Herzegovina (B&H) is that B&H shall operate under the rule of law. Establishing the rule of law is not simply a process, it requires, alongside legal reforms, also socio-economic reforms. Establishing the rule of law also depends on establishing a rule of law culture. However, a constitution is a framework that shapes legal and political culture in a society. This is a two-way process where a culture also shapes how a constitution is implemented in practice. In this paper, the author analyses the role of the B&H Constitution in establishing the rule of law culture in B&H. In this context, the author analyses who influenced whom. Has the B&H Constitution shaped the legal and political culture in B&H or inherited legal and political culture in B&H has shaped the B&H Constitution?
    Keywords: political-legal culture; rule of law; rule of law culture; Bosnia and Herzegovina.
    DOI: 10.1504/IJHRCS.2023.10058033
     
  • Human rights of children born in judicial custody to incarcerated mothers: a socio-legal review of issues faced by these children in social adaptability and reintegration   Order a copy of this article
    by Nidhi Saroj, Fakkiresh S. Sakkarnaikar 
    Abstract: Parental incarceration is a phenomenon where children are involuntarily put into disadvantaged positions. This is prominently observed in the complexity of the sociological impact of maternal incarceration on child’s development. Irrespective of if the child is born inside the judicial facility or left behind as a result of the incarceration of the mother the child is affected in terms of psychosocial development, which leads to negative consequences. The objective of this paper is to explore different dimensions of incarceration of parents and focus on maternal incarceration to assess its impact on the social adaptability of the child. For the study an extensive review of the existing literature was conducted which had previously explored the different dimensions of maternal incarceration and child development. The finding is relevant in terms of policy-making for the different stakeholders of the Indian justice system to ensure a healthy developmental niche the mother and the child.
    Keywords: parental incarceration; maternal incarceration; social adjustment; social adaptability; psychosocial development; behavioural challenges.
    DOI: 10.1504/IJHRCS.2023.10058256
     
  • Juggling transparency and accountability: the RTI and R2P dilemma in India   Order a copy of this article
    by Gaddela Srikanth 
    Abstract: Democracy is based on the peoples consent. The Right to Information (RTI) Act grants citizens the authority to acquire official information from government authorities within limitations. The right to privacy safeguards the confidentiality of personal information, preserves individual autonomy, and ensures freedom from unwarranted intrusion or surveillance. The Indian Constitution acknowledges and protects the fundamental rights of the right to access information and right to privacy within a unified legal framework. Nevertheless, it is plausible that numerous scenarios exist in which the rights mentioned above may intersect, leading to a conflict between an individuals right to privacy and the need to grant access to information. In instances of this nature, the judiciary is tasked with weighing the conflicting interests and ascertaining the suitable course of action. This paper explores the importance of the rights above and the judiciarys role in reconciling and aligning these rights.
    Keywords: right to information; right to privacy; judiciary; legal rights; information commission; human rights.
    DOI: 10.1504/IJHRCS.2023.10059240
     
  • Recognition of human rights of LGBTQ persons: a regional understanding   Order a copy of this article
    by Amit Anand 
    Abstract: Under the international human rights legal framework all persons, institutions, and entities, public and private, including the state itself, are accountable to just, fair and equitable laws and are entitled without any discrimination to equal protection of the law. Further, they also dedicate themselves to respect the equal rights of all without distinction as to race, sex, language, or religion, etc. Despite this acknowledgment LGBTQ persons globally face harassment, violence, and discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics. LGBTQ persons are often discriminated in fields like employment, housing, and access to services. This paper makes an attempt to focus specifically on the issues of privacy and general discrimination concerning sexual minorities at the regional level with a particular focus on the work of the ECHR and the ACHR in prohibiting discrimination against sexual minorities.
    Keywords: LGBTQ; sexual orientation; gender identity; European Convention on Human Rights; ECHR; human rights.
    DOI: 10.1504/IJHRCS.2023.10059928
     
  • “Why aren’t people terrified?!” Analysing the efficacy of the apocalyptic narrative of climate change   Order a copy of this article
    by Mrinalini Kumar, Niru Sharan, Srikant Pandey 
    Abstract: The recently concluded eighteenth G20 meeting failed to reach a consensus for outlining an agreement on the requisite action for dealing with climate change. Such disagreements have come to shape the climate change discourse since its inception, translating to a complacent attitude that affects human rights. Contrarily, green movements challenge this complacency through an apocalyptic lens. Consequently, this paper seeks to understand this apocalyptic narrative by dissecting its components. With the rise of apocalyptic narratives and their representations, this paper will analyse the effectiveness of this narrative in the fictional world of Dr. Randall Mindy and Kate Dibiasky from the Netflix original, Dont Look Up (2021) as well as its emulation in the real world of climate activists like Greta Thunberg. It will also seek to comprehend the utility as well as the futility of this narrative concerning climate change, while simultaneously exploring alternative narrative styles.
    Keywords: apocalyptic narrative; climate change; Don’t Look Up; environment; fear; G20; Greta Thunberg; human agency; human rights; rhetoric.
    DOI: 10.1504/IJHRCS.2023.10059929
     
  • The (de)humanised female representation: body politics in Gangubai Kathiawadi (2022)   Order a copy of this article
    by Apoorva Juneja, Surbhi Saraswat, Madhumita Chakraborty 
    Abstract: The arena of the human body is bound by interpretations beyond its control. Consequently, it can be dehumanised, humanised and rehumanised through the lens of those who carry the power of definition. These definers are noted to follow a phallocentric perception while passing judgement on the rights of its citizens. These pre-defined rights are validated for these citizens through soft powers like cinematic adaptations, operating out of the male gaze. Keeping the need for a gynocentric audience in mind, this paper deals with understanding the fallacies in recognising female emotion and its political impacts, borne out of objectification through its representation in Gangubai Kathiawadi (2022), based on the book The Mafia Queens of Mumbai penned by Hussain Zaidi. Further, relying on the plot, the paper will suggest ways to rehumanise women through cinematic soft power focusing on the rights of the prostitute dictated by the concept of free will.
    Keywords: body politics; cinematic adaptation; dehumanised; Gangubai Kathiawadi; human rights; male gaze; rehumanised; soft power.
    DOI: 10.1504/IJHRCS.2024.10062894
     
  • Criminal administrative system in India and constitutional obligations of fair trial: a legal insight   Order a copy of this article
    by Souvik Dhar, Meenu Gupta 
    Abstract: This study’s major goal is to determine how India’s criminal administration system complies with constitutional requirements. The state must safeguard its citizens from irrational behaviour, violent crimes, and dishonest activities committed by others. The fundamental and constitutional rights of Indian citizens are outlined in the 1950s Indian Constitution. The administration in India must make sure that these rights are protected. The judiciary and the investigation authorities are the two key players in criminal administration in India. The study’s debate revealed that the Indian Constitution has a mechanism under the section on fundamental rights to eradicate the mockery of justice. From the study here, it has been observed that the judiciary and the investigative authority have a constitutional duty to strengthen India’s criminal justice system, prevent the mocking of the law, and guarantee an impartial investigation and trial.
    Keywords: constitutional rights; Indian Constitution; criminal justice; criminal administrative system; right to fair trial; rule of law; forensic evidence; fundamental rights; judiciary; police; India.
    DOI: 10.1504/IJHRCS.2023.10060080
     
  • Right to food in India: examining the reality from legal and economic perspectives   Order a copy of this article
    by Bhavana Sharma, Amritkant Mishra 
    Abstract: This research article strives to investigate the right to food issue from the legal and economic outlook in India. We examine the right to food in terms of its accessibility, sufficiency, sustainability, and availability. The freedom of the person and the defence of his fundamental rights are at the very core of the democratic way of life that the constitution adopted and it is the court’s privilege and obligation to safeguard those rights. To examine the right to food in India through the economic outlook, the current analysis investigates the impact of food inflation on level of hunger in India from 2001 to 2019. The empirical outcome of ARDL analysis reveals that food inflation is relevant variable which impact the hunger in India. Our result affirms that food inflation leads to increase in percentage of hunger people in India.
    Keywords: right to food; food inflation; food security; human rights; India.
    DOI: 10.1504/IJHRCS.2023.10060419
     
  • Universal right to a safe and healthy environment and use of child right strategic litigation in climate justice   Order a copy of this article
    by Sajid Ali, Abida Yasin 
    Abstract: A safe and healthy environment is an inalienable component for the human survival. Under international and human rights law, the universal right to a safe and healthy environment has not been explicitly been recognised, however, the right to life clauses of such international instruments has been interpreted in a way to give meaning to the right to a safe and healthy environment. The recent developments in the field and its assertion as a universal human right had gained momentum with the development and use of child right strategic litigation for climate justice. The success in strategic litigation in the fields of climate justice and climate change can provide a way in solidifying the concept of right to a safe and healthy environment as an explicit and independent human right in international law and human rights instruments. The call for recognition of this right has been in limelight with the increase of climate change and global warming. However, its recognition is still a matter of time in human rights instruments.
    Keywords: environment; climate justice; strategic litigation; human right; safe and healthy environment; climate change; environmental law; international law.
    DOI: 10.1504/IJHRCS.2023.10060645
     
  • Impact of change in political regimes on the stock market volatility: evidence from India   Order a copy of this article
    by Peeyush Bangur, Sugandha Sharma 
    Abstract: The main aim of the study is to link politics and the Indian capital market by testing the political business cycle and the partisan theory hypothesis. Further, this study also scrutinises how a change in the governing party affects the investment certainty in the Indian equity market. The main finding is that the study does not support the existence of a political business cycle in the Indian stock market and the Indian stock market has reacted differently to the victories of parties with different ideologies. Also, there is evidence of a reduction in volatility by 58.54% due to change in administration.
    Keywords: political business cycle; PBC; Partisan theory; volatility; investment certainty; GARCH model; political party; performance analysis; India.
    DOI: 10.1504/IJHRCS.2023.10060734
     
  • Ethical implications of smart city applications on health and well-being of the society: a systematic literature review   Order a copy of this article
    by Sakshi Gupta, Neeraja Lugani Sethi 
    Abstract: Smart cities aim to enhance the quality of life for citizens by leveraging information and communication technology (ICT). However, the adoption of ICT in smart cities introduces various ethical challenges. This study explores ethical challenges in smart city initiatives and their impact on health and well-being through a systematic literature review. Using databases like ScienceDirect, IEEE Xplore, and Web of Science, 25 publications published between 2014-2023 were analysed, identifying four key ethical concerns: data privacy, addiction to technology, inequality, and limited sustainable development. These affect citizens, organisations, and society politically, socially, and economically, ultimately impacting mental, physical, and social well-being. To address these, ethical considerations must be integral to urban and smart city planning. The goal is to cultivate a Healthy and Happy City where smart technology and sustainability harmonise. Recognising ethical dimensions in urban development can create cities that advance technology while promoting well-being, equity, and sustainability.
    Keywords: data privacy; ethical concerns; healthy cities; inequality; smart cities; sustainability; technology.
    DOI: 10.1504/IJHRCS.2024.10063671
     
  • Sexual violence as a smokescreen on war crimes and human rights violations: a case study of Russia-Ukraine war   Order a copy of this article
    by Koyel Basu 
    Abstract: My focus in this paper is sexual violence inflicted on women in war specifically the ongoing Russia-Ukraine war which has left no stone unturned to make survival almost impossible for women - the easiest targets in war. I argue that sexual violence against women especially wartime rape, the most heinous of all, is a perpetual war crime and the most grievous human rights violation which not only needs to be recognised and addressed as a crime against almost half of humanity, but it needs immediate attention from international community for alleviation and redressal. I define sexual violence against women and its firmly rooted in the hierarchic, violent, unequal, barbaric and patriarchal social and political order which has always encouraged subordination of women without giving them proper agency and voice in their existence. In doing so, I analyse the relationship between violence and power.
    Keywords: sexual violence; rape; war; physical abuse; genocide; oppressive masculine culture; power; sexual torture; international law.
    DOI: 10.1504/IJHRCS.2023.10061258
     
  • Erosion of democracy and adequacy of the Strasbourg court’s response   Order a copy of this article
    by Armen Harutyunyan 
    Abstract: In this article, the author examines the metamorphoses of political regimes of Council of Europe states, as well as the erosion of democracy in some of them. Political regimes are classified into: liberal democracy, militant democracy, patronal democracy and patronal autocracy. The last three types of political regimes are considered in the context of Article 17 of the first part, Article 18 and Article 17 of the second part of ECHR. The response of Strasbourg court to the challenges of militant democracy and partronal democracy are adequate. In regards of challenges of patronal autocracy, the Strasbourg court’s response is not relevant. The author comes to a conclusion that the court has not fully uncovered the potential of the second part of Article 17. Instead, the court uses Article 18 of the convention, which is an effective response to the challenges of patronal democracy, but not patronal autocracy.
    Keywords: metamorphosis of political regimes; liberal democracy; militant democracy; patronal democracy; flew democracy; patronal autocracy.
    DOI: 10.1504/IJHRCS.2024.10061457
     
  • Balancing potential and risks: a critical examination of AIs impact on human rights and legal frameworks in the EU, USA and India   Order a copy of this article
    by Gunjan Gupta, Taniya Malik 
    Abstract: Artificial intelligence (AI) has the potential to transform society, from healthcare to transportation. However, the rapid advancement of AI technology also poses significant risks to human rights. This paper examines the impact of AI on human rights, with a focus on its implications for society, law, and ethics. It scrutinizes specific human rights concerns, such as discrimination, surveillance, and job displacement, and integration of AI in the criminal justice system. Further, it investigates the challenges posed by AI-driven technologies to Indian human rights law and compare it to the legal frameworks of the EU and the USA. The paper employs doctrinal research methodology using analytical, critical, and comparative legal research tools to identify the challenges, implications, gaps, and loopholes in the legal frameworks under study. This paper highlights the need for a balanced approach to AI development that ensures the protection of human rights while leveraging AI’s societal benefits.
    Keywords: artificial intelligence; AI; human rights law; automated decision-making; ADM; algorithms; big data; ethical concerns and bias; USA; India.
    DOI: 10.1504/IJHRCS.2024.10063388
     
  • Understanding abortion rights in India through a feminist jurisprudential lens   Order a copy of this article
    by Khushi Patel, Vidhee More 
    Abstract: This research paper offers a comprehensive exploration of India’s abortion laws, by employing the Legal Feminist School of thought. It traces the evolution of these laws from colonial times to the present, showcasing shifts driven by societal demands. Key judicial verdicts have been pivotal in shaping India’s abortion rights. To form a broader comparative context, trajectories of abortion laws in India have also been analysed. Moreover, the paper also delves into abortion laws through a jurisprudential lens aligned with the views of eminent jurist Ronald Dworkin. The study also identifies legislative gaps like vague language and inadequate provisions for diverse demographics, advocating for inclusivity. In conclusion, the paper suggests augmenting the existing legal framework to establish a more equitable and effective foundation for abortion rights, encompassing vital recommendation.
    Keywords: abortion rights; legal feminism; reproductive autonomy; feminist jurisprudence; Ronald Dworkin; abortion rights; Medical Termination of Pregnancy Act; 1971; Roe v. Wade; safe abortion; bodily autonomy.
    DOI: 10.1504/IJHRCS.2024.10062052
     
  • A review of the 7th Central Pay Commission in light of equity and fair wage in India   Order a copy of this article
    by Nauman Mir 
    Abstract: This article explains the multiple aspects of wages and the efforts of the government in refurbishing the existing parameters to accord the workforce of the nation with deserved income despite the persisting lacuna proclaimed by the employees. The article analyses the Seventh Pay Commission with regard to the fair wage concept and making a comparative analysis with the Sixth Pay Commission by explaining the uniqueness, differences and drawbacks of both the commissions and their implication in the respective states of the nation. The paper while touching the point of economic and social rights puts more emphasis on the disparity in fair wage caused due to non-implication of the Seventh Pay Commission in the states where the employees although delivering the same level of work, will be paid with imbalance due to non-implication of the Seventh Pay Commission hence infringing on the principle of equity.
    Keywords: Seventh Pay Commission; fair-wage; equity; Sixth Pay Commission; ESR; India.
    DOI: 10.1504/IJHRCS.2024.10062109
     
  • Revisiting the right to education in light of the right to a decent living   Order a copy of this article
    by Styliani Christoforidou 
    Abstract: The right to education has been recognised by international law as a human right. National constitutions take care of the operation of educational systems and the safeguarding of access to them for every citizen. It is considered that education is the main way to ameliorate the status of life and indispensable for every citizen to participate actively in political life. That is also the case of the Greek constitutional text which contains an explicit prohibition of privatisation of the universities. The main purpose of the constitutional text regarding the right to education in conjunction with the right to a decent living, as it is argued in the paper, is to guarantee social mobility for all social classes.
    Keywords: decent living; education; university fees; equality principle; meritocracy.
    DOI: 10.1504/IJHRCS.2024.10063323
     
  • Understanding the idea of state from Indic tradition   Order a copy of this article
    by Harsh Meena 
    Abstract: The current paper discusses the very idea of the state in Indic traditions. The state as an institution has different ways of development in the western and non-western worlds. Even the western notion of the state is the most common reference point to understand the state in the contemporary world. The paper attempts to deconstruct the hegemony of the western idea of the state and explore the evolution and the structural complexities yet richness of the state in Indic tradition. The paper has three parts: The first part explores the phase of knowledge construction. In contrast, the second part deals with the very nature of the state and politics in ancient India, and the last section discusses the republican traditions and models of states in ancient India.
    Keywords: state; Indic traditions; ancient India; Janapada; Vedic Rashtra.
    DOI: 10.1504/IJHRCS.2024.10063830
     
  • National educational policy 2020 and beyond: paving the way for a more inclusive higher education landscape in India   Order a copy of this article
    by Taniya Malik 
    Abstract: The fundamental rights guaranteed by the Indian constitution, particularly Articles 14, 15, and 16, act as repositories for notions of equality and inclusion. Despite the constitutional guarantee, the higher education system in India is often criticised for its lack of inclusivity and diversity. Empirical surveys have pointed out that learning barriers in HEIs exist because of region-socio-economic-gender-based considerations. This paper identifies the various factors perpetuating the exclusion of marginalised communities in HEIs in India. After that, the paper critically analyses various statutory and policy instruments, including the national education policy (NEP) 2020, adopted by the Indian Government to foster inclusivity and diversity in HEIs. The paper also examines the role of the Indian judiciary in promoting inclusivity in HEIs. The paper further recommends that implementation in letter and spirit of the NEP 2020 can transform the higher education landscape and break down learning barriers in HEIs.
    Keywords: fostering inclusivity and diversity; national education policy; NEP; 2020; higher educational institutions; HEIs; marginalised communities; learning barriers.
    DOI: 10.1504/IJHRCS.2024.10063593
     
  • Influence of the European Union on queer politics of Eastern Europe   Order a copy of this article
    by Ankur Upreti 
    Abstract: : Eastern Europes socio-cultural dynamics are defined by early Slavs and Greeks cultures with evidence of accepted homosexuality and queerness. However, present-day Eastern Europe hosts an anti-queer environment. This paper focuses on finding the roots of this divergence by secondary data analysis of the available historical literature about the socio-cultural practices of the region. The paper also aims to find the influence of the politics of the European Union on the queer politics1 of the region by analysing particular socio-economic policies. The neo-functionalist theory of European integration talks about the spillover effect experienced across different socio political-economic sectors. This paper examines how/whether this spillover controls the queer politics of Eastern European countries. The article has further taken a specific case of contemporary Hungarian queer politics to analyse the contentions between the state and the union and to see the European Unions scope in redefining this politics.
    Keywords: queer politics; Eastern Europe; homosexuality in Europe; European Union; Hungary; neo- functionalism; intergovernmentalism.
    DOI: 10.1504/IJHRCS.2024.10063688
     
  • Examining the right to education in India: a comprehensive study of policies, implementation and socio-economic impact   Order a copy of this article
    by Alisha Verma, Mohit 
    Abstract: This study conducts a thorough examination of the right to education (RTE) in India, concentrating on the complexities of policy creation, implementation issues, and the socio-economic consequences of this basic right. The research attempts to give a detailed view of the condition of education in India by investigating crucial areas such as overall enrolment statistics, the efficiency of educational policy, and the empowerment of marginalised people. Using a doctrinal methodology, this research examines legal ideas and concepts in order to analyse and assess the efficacy of the right to education in India. The research intends to gain insights into the growing nature and effect of education rights within the Indian legal system by scrutinising legal doctrines, precedents and academic interpretations. This study provides significant insights to the continuing conversation on education rights, policy refinement, and the expansion of educational opportunities for all in the Indian context.
    Keywords: right to education; RTE; fundamental rights; marginalised class; empowerment; education; India.
    DOI: 10.1504/IJHRCS.2025.10064185