Category: International Human Rights Law

Media trial: freedom of speech v. fair trial

Shabnam Saidalavi, School of Legal Studies, Cochin Editor’s note: Freedom of expression is a fundamental right that goes to the very heart of individual identity and collective interaction. Freedom of the media has been a contentious issue, especially when it involves scrutinizing a free trial. This paper examines the past and […]

Conflict, Refugee Situation and Human Rights: A Case Study of Tamil Refugees in the Sri Lankan Conflict

By Anonymous Editor’s Note: Refugee situations and statelessness are two of the most pertinent issues today in International Law. There are millions of displaced persons who live in the most inhumane conditions all over the world including India, Iran and Pakistan and their only intention was to avoid conflict. As […]

The Struggle of a Democracy against Terrorism: Sacrificing Civil Liberties to Reduce Terrorism Risks

Terrorist threats have existed throughout modern history, and the importance of deterring and preventing terrorist acts is of central importance. The impulse to abandon human rights norms in times of fear and crisis is short-sighted and self-defeating. As the revelations of shocking abuses at Abu Gharib prison have demonstrated, the world will not easily accept inhumane treatment in any context, and such treatment will tarnish and undermine even legitimate security operations. Therefore, this is an issue which requires in-depth analysis, as done by the author, due to its complex and multidimensional nature.

Law Of False Imprisonment In India

By Oyshee Gupta, CNLU Patna EDITOR’S NOTE:- In light of the recent trends of human rights violation in cases of custodial torture, it is imperative for the law pertaining to false arrests and detentions to be made more concrete.With the onset of judicial activism, India has witnessed a large number of […]

Principle of Non-Refoulement and its Absolute Nature

By Akkiraju Chandralekha, SLS Pune   Editor’s Note: The principle of non-refoulement is a major concept in public international law, dealing specifically with refugee laws within the human rights regime. The principle basically says that a refugee, once entered another country, cannot be forced back to his original country unless […]

Globalization and Human Rights

By Akash Mishra, WBNUJS Editor’s Note: Globalization can be simply defined as an interplay among individuals in ideas, cultures that extends beyong geographical boundaries. This paper discusses the linkages between globalization and human rights. It provides certain examples as to how globalization has led to human rights violations in Africa and other third […]

Need For Codification Of Refugee Laws In India

By Sagarika Chandel, KIIT School of Law, Bhuvaneshwar “EDITOR’S NOTE:- While India has been home to several immigrants from neighbouring indigenous communities in turmoil, however, it needs to devise a legal framework to protect the human rights that these refugees or asylum seekers are entitled to.India’s international commitments as well […]

Law On Phone-tapping In India

By Priyan Garg, Amity Law School, Noida “EDITOR’S NOTE:- The recent times have exposed the diabolic methods used by government agencies all over the world for the greater good of national security. Deployment of such techniques is invasive of the fundamental right to privacy that citizens are entitled to. In […]

The Protection of Refugees Bill, 2014

By Shristi Banerjee and Aditya Pattnaik, WBNUJS Editor’s Note: This paper is in the form of a proposed draft for a bill titled the Protection of Refugees Bill. The Bill contains 48 sections and 14 chapters. The preamble states that it is a  bill “to provide for the legalisation of asylum […]

The Corfu Channel Case

By Aarti Goyal, UILS, Chandigarh Editor’s Note: The general principles of International law are among the sources of national and International Law, which have long been recognized and applied in disputes. The Corfu Channel case addressed the question of civil liability of Albania, which had placed mines within its sovereign waters […]

Comparative Analysis of the Phenomena of Death Row and its Unconstitutionality

By Naveen Kumar Gautam, RMLNLU ‘Editor’s Note: Death Row phenomenon is an attribute of the long and slow infamous trials of Indian judiciary. It is a new phenomenon which throws light upon the double punishment a death sentence convict has to undergo. It talks about the duration of days a […]