International Journal of Human Rights and Constitutional Studies (41 papers in press)

Regular Issues

• Dowry death: violation of right to life  
  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
   
  
• Concept of federalism in India and the USA  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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)  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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  
  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
   
  
• Right to good mental health: procrastination and social media addiction among girl students  
  by S. Chandni, V. Sethuramalingam, N. Rajavel 
  Abstract: The aim is to determine the extent of procrastination among university girl students and the role of social media, usage of mobile phones, and demography on it. By adopting a simple random sampling technique 277 girl students staying at hostels of a state university were selected as samples. Analysis was carried out, adopting cross-tabulations with one-way ANOVA, t-test and Step-wise Regression technique. The results indicated that the age of students is the prime factor in influencing the extent of procrastination negatively followed by years of study and family income. Hours spent on social media are directly proportionate to procrastination and the use of mobile phones with dual SIM cards has increased the chances of procrastination. The extent of procrastination differs with the respondents’ social standing that is to say the locality of residence, type cost of mobile phone, and the period of the phone in usage on expected lines.
  Keywords: right to mental health; social media; mobile phone; girl students; procrastination; step-wise regression.
  DOI: 10.1504/IJHRCS.2023.10058713
   
  
• Juggling transparency and accountability: the RTI and R2P dilemma in India  
  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  
  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  
  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)  
  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.
  
  
• Criminal administrative system in India and constitutional obligations of fair trial: a legal insight  
  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  
  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  
  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  
  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  
  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.