By Ankita Singh, RMLNLU 1. INTRODUCTION Over time, the death penalty has been a debatable issue in the criminal justice system. There are numerous pro and anti-death penalty perspectives that fight each other in the vague of providing justice to the victims. But is retribution justified and deterrent effect successful […]
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.
Insufficiency of medical facilities
By Abhinav Yadav The West Bengal National University of Juridical Sciences, Kolkata Editor’s note: The health situation and medical facilities in India continue to be extremely dismal. Under the domain of human rights, the right to health is defined as the right to achieve the “highest attainable standard of health” […]
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 under […]
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 […]
Genocide – An Indian Perspective
Aditya P Arora RGNUL, Patiala “Editor’s Note: The author of the paper has dealt with Genocide in the Indian context comprehensively looking at legislations, meaning of the term and various instances in India which could amount to genocide.” ABSTRACT Increasing attention is being paid to the call for for more […]
Ethnic Relations
By Anonymous Editor’s Note: The terms ‘ethnicity’ and ‘ethnic’ groups are derived from the greek word ‘ethnos’, normally translated as ‘nation’ or commonly said, people of the same race that share a distinct culture. This paper begins by explaining the concept of Ethnicity and later provides certain examples of ethnic tension […]
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 […]